Tribunals Powers and Procedures Legislation Act 2018

1: Title
This Act is the Tribunals Powers and Procedures Legislation Act 2018.
2: Commencement
1: Sections 6 7 11 20 24(7), (12), and (18) 27 32 33(1) 35 to 39 40(2) to (5) 41 44 45 47 52 to 55 56 57 62 70 77 89(6) 95 106(2) and (6) 109 114(5) and (11) 119 121(5) 125 128 135(4) 138 140 149 152(6) 171(2), (4), (9), and (13) 178 181(1) 182(1) 183(1) 187(2) 188 191(1) 195(2) 197 to 199 204(2) 206 207(2) 208 209(2) 219 233(2) 243 248 254(6) 258 262 266 272 273 276(1) and (4) 277 279 to 283 288 289 299 307(2) 309(10) 321 324 325 328 332 337(4) 340(1)
2: Any provision specified in subsection (1) that has not earlier been brought into force comes into force on 1 July 2020.
3: Sections 305 306 307(1) 308 309(1) to (9), (11), and (12)
4: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent. Section 2(1) brought into force 1 May 2019 clause 2 Tribunals Powers and Procedures Legislation Act Commencement Order 2019 Section 2(1) brought into force 29 October 2019 clause 2 Tribunals Powers and Procedures Legislation Act Commencement Order (No 2) 2019
1: Amendments to Acts
1: Amendment to Accident Compensation Act 2001
3: Principal Act
This subpart amends the Accident Compensation Act 2001 principal Act 2018-11-14 Accident Compensation Act 2001 refer s 2(4)
4: Section 328 amended (Regulations relating to reviews and appeals)
After section 328(c)
ca: prescribing a fee that must accompany a notice of appeal:
2: Amendments to Copyright Act 1994
5: Principal Act
This subpart amends the Copyright Act 1994 principal Act 2018-11-14 Copyright Act 1994 refer s 2(4) OIC LI 2019/224 2019-10-29 Copyright Act 1994 remaining provisions brought into force: [ss 6, 7, 11, 20]; refer s 2(1)
6: Section 122J amended (Application to Tribunal)
In section 122J(2) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with the chairperson of the Tribunal,
7: Section 122K amended (Notice of proceedings)
In section 122K(1) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with the chairperson of the Tribunal
8: Section 206 amended (Membership of Tribunal)
1: In section 206(1) , but not more than 5,
2: After section 206(4)
5: For the purposes of this Part, except for the reference in subsection (3), a reference to a member members
9: Section 207 amended (Term of office of members of Tribunal)
Replace section 207(3)
3: A member of the Tribunal continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: the member’s successor is appointed; or
c: the member is notified that a replacement member will not be appointed; or
d: the member vacates or is removed from office.
3A: A member who continues in office for any period under subsection (3), unless he or she was removed from office, may act as a member during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
b: hearing any other proceedings.
3B: A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
10: Section 209 replaced (Deputies of members)
Replace section 209
209: Appointment of temporary acting chairperson or members
1: If the chairperson or a member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, made, in the case of an acting chairperson, after consultation with the Minister of Justice, may appoint a suitable person as the acting chairperson or an acting member for the period or purpose stated in the appointment.
2: No person may be appointed as the acting chairperson or an acting member unless he or she is eligible for appointment to the relevant position.
3: The acting chairperson or acting member is, while acting in the position, to be treated as the chairperson or a member of the Tribunal.
4: No appointment of an acting chairperson or acting member, no act done by an acting chairperson or acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
11: New section 209A inserted (Delegation by chairperson of Tribunal)
After section 209
209A: Delegation by chairperson of Tribunal
1: The chairperson of the Tribunal may delegate any of the chairperson’s functions, duties, and powers to a member of the Tribunal who holds the qualifications set out in section 206(2)﻿(b) and the chairperson is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers.
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the chairperson.
3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 210 for work undertaken in that capacity.
12: New section 211A inserted (Orderly and efficient operation)
After section 211
211A: Orderly and efficient operation
1: The chairperson of the Tribunal is responsible for making such arrangements as are practicable to ensure that he or she and each member performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
2: The Ministry of Justice must provide the resources and administrative support necessary to enable the Tribunal to perform its functions.
13: Section 213 amended (Sittings of Tribunal)
1: Replace the heading to section 213 Hearing
2: After section 213(7)
8: Despite anything in this Act to the contrary and except as provided in section 122L, the Tribunal may determine a proceeding on the papers if the Tribunal considers it appropriate.
9: Before doing so, the Tribunal must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
10: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the chairperson or the Tribunal considers it appropriate and the necessary facilities are available.
14: Section 214 amended (Procedure of Tribunal)
1: After section 214(3)
3A: If the members are equally divided in opinion, the decision of the chairperson is the decision of the Tribunal.
2: Replace section 214(5)
5: The Tribunal may regulate its procedures as it sees fit, subject to this Act, any regulations made under it, and any practice notes issued under section 224A
15: New section 214A inserted (Tribunal may strike out, determine, or adjourn proceeding)
After section 214
214A: Tribunal may strike out, determine, or adjourn proceeding
1: The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing.
16: Section 217 amended (Service of summons)
Replace section 217(1)﻿(a)
a: by delivering the summons personally to the person summoned, or if he or she refuses to accept it, by bringing it to his or her attention; or
17: Section 219 amended (Privileges and immunities)
After section 219(2)
3: The Tribunal, the chairperson, and the members are not personally liable for any act done or omitted to be done by the Tribunal, the chairperson, or any member in good faith in the performance or exercise, or intended performance or exercise, of their functions, duties, or powers under this Act.
18: Section 221 amended (Contempt of Tribunal)
1: In section 221(1)﻿(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, threatens, intimidates, or intentionally insults the Tribunal or any member of it, a special adviser to the Tribunal, a witness before the Tribunal, or an officer of the Tribunal
2: In section 221(2) constable or any officer of the Tribunal
19: New section 224A and cross-heading inserted
After section 224 Practice notes, procedural information, and publication of decisions
224A: Practice notes
1: The chairperson of the Tribunal may issue practice notes for any type of proceedings dealt with by the Tribunal as he or she thinks fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal.
20: New sections 224B and 224C inserted
After section 224A
224B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunal and how to commence a proceeding:
b: any requirements that must be met for a proceeding:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
224C: Online publication of final written decisions
1: Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 213(5).
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers.
21: Section 234 amended (Regulations)
After section 234(q)
qa: prescribing fees in relation to licensing scheme disputes before the Tribunal:
3: Amendments to Customs and Excise Act 2018
22: Principal Act
This subpart amends the Customs and Excise Act 2018 principal Act 2018-11-14 Customs and Excise Act 2018 refer s 2(4) OIC LI 2019/224 2019-10-29 Customs and Excise Act 2018 remaining provisions brought into force: [s24(7), (12), and (18)]; refer s 2(1)
23: New Part 2 of Schedule 1 inserted
Insert the Part 2 Schedule 1
24: Schedule 8 amended
1: In Schedule 8, clause 1(1) , not exceeding 7 years, of up to 5 years
2: In Schedule 8, replace clause 1(3)
3: An Authority continues in office despite the expiry of his or her term of office until—
a: the Authority is reappointed; or
b: the Authority’s successor is appointed; or
c: the Authority is notified that a replacement Authority will not be appointed; or
d: the Authority vacates or is suspended or removed from office.
4: An Authority who continues in office for any period under subclause (3), unless he or she was suspended or removed from office, may act as an Authority during that period for the purpose of—
a: completing any appeal partly or wholly heard by the Authority before the expiry of his or her term of office:
b: hearing any other appeal.
5: An Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was suspended or removed from office), may continue in office for the purpose of completing any appeal that is partly or wholly heard.
3: In Schedule 8, replace clause 5
5: Appointment of temporary acting Authority
1: If an Authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an Authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the joint recommendation of the Minister and the Minister of Justice, may appoint a suitable person as an acting Authority for the period or purpose stated in the appointment.
2: No person may be appointed as an acting Authority unless he or she is eligible for appointment as an Authority.
3: An acting Authority is, while acting in the position, to be treated as an Authority.
4: No appointment of an acting Authority and no act done by an acting Authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
4: In Schedule 8, repeal clause 6
5: In Schedule 8
9A: Orderly and efficient operation
1: An Authority is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
2: The Ministry of Justice must provide the resources and administrative support necessary to enable each Authority to perform its functions.
6: In Schedule 8
10: Procedure
1: An Authority may regulate his or her procedures as he or she sees fit, subject to—
a: this Act and any regulations; and
b: any practice notes issued under clause 30A
2: Regulations may prescribe any procedure to be followed by an Authority.
7: In Schedule 8 the prescribed way, a form approved by the chief executive of the Ministry of Justice after consulting all the Authorities,
8: In Schedule 8
1A: The hearing of an appeal or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if an Authority considers it appropriate and the necessary facilities are available.
9: In Schedule 8
10: In Schedule 8
6: A person who breaches an order made under clause 18(5) is liable on conviction to a fine not exceeding $3,000.
11: In Schedule 8
2: The power to issue a witness summons may be exercised by an Authority or any officer of an Authority purporting to act by the direction or with the authority of that Authority.
12: In Schedule 8
3: A witness summons must be in a form approved by the chief executive of the Ministry of Justice after consulting all the Authorities.
13: In Schedule 8
1: A witness summons may be served by—
a: delivering the summons personally to the witness or, if he or she refuses to accept it, bringing it to his or her attention; or
b: delivering the summons to the witness at his or her usual place of residence or business by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the witness.
14: In Schedule 8 fourth day fourth working day
15: In Schedule 8
3: If costs are awarded to a party or the Crown but have not been paid in full, the party or the Crown may file a copy of the order in the District Court, where it may be enforced for the amount that is still owing as if it were a judgment of the District Court.
16: In Schedule 8
28A: Authority may strike out, determine, or adjourn proceeding
1: An Authority may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, an Authority may—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing.
17: In Schedule 8
30A: Practice notes
1: All the Authorities acting together may issue practice notes, to apply to all of them, as they think fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of each Authority, officers of an Authority, and parties before an Authority.
18: In Schedule 8
30B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Authorities and how to commence an appeal:
b: any requirements that must be met for an appeal:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
4: Amendments to Disputes Tribunal Act 1988
25: Principal Act
This subpart amends the Disputes Tribunal Act 1988 principal Act 2018-11-14 Disputes Tribunal Act 1988 refer s 2(4) OIC LI 2019/224 2019-10-29 Disputes Tribunal Act 1988 remaining provisions brought into force: [ss 27, 32, 33(1), 35 to 39, 40(2) to (5), 41, 44, 45, 47, 52 to 55, 56, 57, 62]; refer s 2(1)
26: Section 2 amended (Interpretation)
1: In section 2 authenticated
a: that the acknowledgement is signed and dated; or
b: if the acknowledgement is in electronic form, that it, by the use of any electronic means, adequately identifies the person responsible for its content and the date of authentication chief executive lodge lodges lodging lodged writing 6D written record
2: In section 2 work order specified in the order. specified in the order
3: In section 2 claim 13 11
4: In section 2 no claims bonus
5: In section 2 Registrar Registrar
a: the person appointed under section 4B(1)
b: a Registrar or Deputy Registrar of the District Court performing functions under this Act
6: In section 2 work order as may be specified in the order. as may be specified in the order
27: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
28: New section 4B inserted (Registry of Disputes Tribunal)
After section 4A
4B: Registry of Disputes Tribunal
1: The chief executive may establish a Registry for the Disputes Tribunal and may appoint a person to be the Disputes Tribunal Registrar.
2: The office of Disputes Tribunal Registrar may be held in conjunction with any other office in the public service.
3: The functions of the Disputes Tribunal Registrar are—
a: to ensure the orderly and efficient administration of the Registry; and
b: to give directions or advice, as appropriate, to Registry staff to enhance the consistency of the Registry’s performance.
4: The Ministry of Justice must provide the resources and administrative support necessary to enable the Disputes Tribunal to perform its functions.
29: Section 6 replaced (Rostering and training of Referees)
Replace section 6
6: Sittings of Tribunal and rostering and training of Referees
1: A Registrar must schedule the days, times, and places for the regular sittings of the Tribunal and, when doing so, must implement any directions given under subsection (2).
2: The Principal Disputes Referee is responsible for the rostering and training of Referees and may give any directions he or she considers necessary for these purposes. Before giving any direction, the Principal Disputes Referee must consult the Chief District Court Judge.
3: If for any reason the office of Principal Disputes Referee is vacant, or if for any reason the Principal Disputes Referee is unable to perform his or her functions under subsection (2), the Chief District Court Judge must—
a: assess and fulfil the training needs of Referees; and
b: roster Referees.
30: Section 6A amended (Appointment of Principal Disputes Referee)
1: In section 6A(4) 5 years up to 5 years and, subject to subsection (2), may from time to time be reappointed
2: In section 6A(6)﻿(b) the chief executive of the Ministry of Justice the chief executive
31: Section 6C amended (Functions and powers of Principal Disputes Referee)
1: Replace section 6C(1)﻿(a)
a: to undertake appropriate measures to ensure that the integrity of the office of Referee under this Act is maintained:
ab: to make any arrangements that are practicable to ensure that the Principal Disputes Referee and each Referee perform their functions—
i: in an orderly and efficient manner; and
ii: in a way that achieves the purposes of this Act:
2: After section 6C(1)﻿(h)
ha: to issue practice notes as he or she thinks fit, but that are not inconsistent with this Act or any regulations made under it; for the guidance of other Disputes Tribunal Referees, officers of the Tribunal, and parties before the Tribunal:
32: New section 6D inserted (Delegation by Principal Disputes Referee)
After section 6C
6D: Delegation by Principal Disputes Referee
1: The Principal Disputes Referee may delegate any of his or her functions, duties, and powers to a Referee who holds the qualifications set out in section 6A(2) and who the Principal Disputes Referee is satisfied has the necessary capability, skills, experience, and personal attributes to perform or exercise those functions, duties, and powers.
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Principal Disputes Referee.
3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 8A for work undertaken in that capacity.
33: Section 7 amended (Appointment of Referees)
1: Replace section 7(2)
2: A person is qualified to be appointed as a Referee only if that person—
a: holds a relevant qualification (for example, a qualification in law, mediation, or arbitration) or has had relevant training; and
b: has the personal attributes, knowledge, and experience so as to be capable of performing the functions of a Referee; and
c: has been recommended for appointment under section 8.
2: In section 7(6)﻿(b) the chief executive of the responsible department the chief executive
3: After section 7(6)
7: A Referee who continues in office for any period under subsection (6), unless he or she was removed from office, may act as a Referee during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Referee before the expiry of his or her term of office:
b: hearing any other proceedings.
8: A Referee who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
34: Section 8 amended (Selection of candidates for appointment or reappointment as Referees)
1: In section 8 the chief executive of the responsible department the chief executive
2: In section 8(2)﻿(a) a Registrar the Disputes Tribunal Registrar or a Registrar of the District Court
3: Replace section 8(2)﻿(b)
b: the Principal Disputes Referee or a Referee nominated by him or her; and
35: Section 10 amended (Jurisdiction of Tribunals)
1: In section 10(1) sections 11 and 12 section 11
2: Replace section 10(1A)﻿(b)
b: the total amount sought in the proceedings does not exceed $30,000.
3: In section 10(3)
a: replace Subject to section 13, for the purposes of subsection (1), For the purposes of subsection (1),
b: replace $15,000 $30,000
36: Section 12 repealed (Recovery of consequential loss)
Repeal section 12
37: Section 13 repealed (Extension of jurisdiction by agreement between the parties)
Repeal section 13
38: Section 14 amended (Abandonment to bring claim within jurisdiction)
In section 14 $15,000 $30,000
39: Section 18 amended (Functions of Tribunal)
In section 18(4) the Tribunal shall not be bound by the monetary restrictions provided for by subsections (4) to (7) of section 19 the Tribunal is not bound by the monetary restrictions in section 19(4) to (6)
40: Section 19 amended (Orders of Tribunal)
1: After section 19(1)﻿(g)
h: the Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
i: discloses no reasonable cause of action; or
ii: is likely to cause prejudice or delay; or
iii: is frivolous or vexatious; or
iv: is otherwise an abuse of process:
i: if a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
i: if the party is required to be present, strike out the proceeding; or
ii: determine the proceeding in the absence of the party; or
iii: adjourn the hearing.
2: In section 19(5)
a: replace Subject to subsection (7), the monetary restrictions that apply The monetary restrictions that apply
b: replace $15,000 $30,000
3: In section 19(6) and subject to subsection (7),
4: In section 19(6) $15,000 $30,000
5: Repeal section 19(7)
41: Section 20 amended (Power of Tribunal to award interest)
In section 20(4) , section 13(2), and subsections (4) to (7) of section 19 and section 19(4) to (6)
42: New section 20A inserted (Suppression orders)
After section 20
20A: Suppression orders
1: The Tribunal may order that any part of any evidence given or the name of any witness not be published.
2: An order may be made subject to any conditions that the Tribunal considers appropriate.
3: A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000.
43: Section 21 replaced (Reasons for decisions)
Replace section 21
21: Reasons for decisions
1: A Referee must give reasons for his or her final decision in every proceeding.
2: If a final decision is given orally at the end of a hearing, that decision must be recorded in writing and the reasons for that decision must be included in the written decision.
3: The Tribunal must provide a copy of a final decision, including the written record of an oral decision, to the parties.
4: In this section, final decision
44: Section 24 amended (Lodging of claims)
Replace section 24(1) and (2)
1: Proceedings are commenced by the applicant lodging a claim in a form approved by the chief executive after consultation with the Principal Disputes Referee, together with the prescribed fee (if any), with any office of the Tribunal.
2: The Tribunal or a Registrar may, subject to subsections (3) and (4), order that the hearing be held at the place nearest, or at any place near, to where the applicant resides or carries on business.
45: Section 25 amended (Notice of claim and of hearing)
1: In section 25(1)﻿(a) and (b) the prescribed form a form approved by the chief executive after consultation with the Principal Disputes Referee
2: In section 25(2) direct the Registrar direct a Registrar
46: Section 28 amended (Claims for relief where applicant insured)
In section 28(5)﻿(c) an acknowledgement signed or authenticated
47: Section 29 amended (Insurer may waive notice of proceedings)
Replace section 29(2)
2: Every acknowledgement lodged under subsection (1) must be in a form approved by the chief executive after consultation with the Principal Disputes Referee, and must be signed or authenticated by both the applicant and the applicant’s insurer.
48: Section 31 amended (Applicant to control conduct of case where insurer a party)
Replace the heading to section 31 Applicant entitled to control conduct of case
49: Section 38 amended (Right to appear at hearings)
1: In section 38(2) subsection (3) subsections (3) and (3A)
2: In section 38(3)﻿(b) or holds a majority interest in it or holds directly or indirectly, at least a 50% interest in it
3: After section 38(3)
3A: If an insurer is a party, it may, subject to subsection (3B), be represented by any agent who—
a: has been engaged by the insurer solely or principally as an underwriter or to administer insurance claims; and
b: is authorised for the purpose by the insurer; and
c: is approved by the Tribunal.
3B: For the purposes of subsection (3A), if the agent approved by the Tribunal is not an individual (for example a body corporate), an employee, officer, or member of the agent may carry out the duties of the agent under that subsection, but only if the individual concerned is also approved by the Tribunal.
4: In section 38(7)﻿(b) subsection (2) or subsection (3) subsections (2), (3), or (3A)
5: In section 38(7)﻿(d) subsection (3) subsection (3) or (3A)
6: In section 38(7)﻿(e) subsection (3) subsection (3) or (3A)
7: In section 38(8) subsection (2) or subsection (3) or subsection (5) of this section subsection (2), (3), (3A), or (5)
50: New section 42A inserted (Use of electronic facilities to hear matters)
After section 42
42A: Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Referee conducting the hearing of the matter, considers it appropriate and the necessary facilities are available.
51: Section 44 amended (Procedure where no provision made)
In section 44 any rules made under this Act and any practice notes issued under section 6C(1)﻿(ha)
52: Section 45 amended (Enforcement of orders except work orders)
In section 45(3) the prescribed form a form approved by the chief executive after consultation with the Principal Disputes Referee
53: Section 46 amended (Enforcement of work orders)
In section 46(1) the prescribed form a form approved by the chief executive after consultation with the Principal Disputes Referee
54: Section 47 amended (Enforcement of agreed settlements)
In section 47(2) the prescribed form a form approved by the chief executive after consultation with the Principal Disputes Referee
55: Section 48 repealed (No filing fee payable)
Repeal section 48
56: Section 49 amended (Rehearings)
1: Replace section 49(1)
1: The Tribunal may order the rehearing of a claim following an application by a party, and may grant the application on any terms it thinks fit.
1A: In any case, the Tribunal may order only 1 rehearing unless the Tribunal considers that the interests of justice require more than 1 rehearing.
2: After section 49(6)
7: On receipt of an application for a rehearing, the Tribunal may stay the implementation of the order, approval, or variation until the application is decided.
3: In section 49 s 33 s 33; 1986 No 120 s 105(4), (5)
57: Section 50 amended (Appeals)
In section 50(3) the prescribed form, in the District Court within 28 days a form approved by the chief executive after consultation with the Principal Disputes Referee, in the District Court within 20 working days
58: Section 53 amended (Powers of District Court Judge on appeal)
After section 53(1)﻿(b)
ba: vary the order, the approval, or the variation, as the case may be; or
59: Section 56 amended (Contempt of Tribunal)
In section 56(1)﻿(a) and (b) assaults, insults, insults
60: New section 56A inserted (Online publication of information about procedures, time frames, and progress of decisions)
After section 56
56A: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive:
a: information about the purpose of the Tribunal and how to commence a claim:
b: any requirements that must be met for a claim:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
61: Section 57 amended (Publication of orders)
In section 57
2: Subsection (1) is subject to section 20A
62: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 2
63: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 3
5: Amendments to Education Act 1989
64: Principal Act
This subpart amends the Education Act 1989 principal Act 2018-11-14 Education Act 1989 refer s 2(4) OIC LI 2019/224 2019-10-29 Education Act 1989 remaining provisions brought into force: [s 70]; refer s 2(1)
65: Section 302 amended (Interpretation)
1: In section 302 Authority the Student Allowance Appeal Authority established by section 304(1) a Student Allowance Appeal Authority appointed under section 304(1)
2: In section 302, repeal the definition of member
66: Section 304 replaced (Student Allowance Appeal Authority)
Replace section 304
304: Student Allowance Appeal Authorities
1: The Minister may appoint 1 or more Student Allowance Appeal Authorities and may give the Authorities distinctive designations and from time to time change any designation.
2: The function of an Authority is to hear appeals in accordance with section 305.
3: An Authority comprises a person appointed by the Minister for a term of up to 5 years from the date of his or her appointment, and any person may be reappointed.
4: An Authority continues in office despite the expiry of his or her term of office until—
a: the Authority is reappointed; or
b: the Authority’s successor is appointed; or
c: the Authority is notified that a replacement Authority will not be appointed; or
d: the Authority vacates or is removed from office.
5: An Authority who continues in office for any period under subsection (4), unless he or she was removed from office, may act as an Authority during that period for the purpose of—
a: completing any appeal partly or wholly heard by the Authority before the expiry of the person’s term of office:
b: hearing any other appeal.
6: An Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any appeal that is partly or wholly heard.
304A: Other provisions relating to Student Allowance Appeal Authorities
1: Any person who is an Authority may, at any time,—
a: be removed from office by the Minister by notice in the Gazette
b: resign his or her office by written notice to the Minister.
2: An Authority is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
3: A person is entitled to receive—
a: remuneration by way of fees, salary, or allowances, for his or her services as an Authority:
b: payment of travelling allowances or expenses in respect of time spent travelling, or in connection with the person’s function, as an Authority.
4: An Authority is not personally liable for any act done or omitted to be done by him or her in good faith in the performance or exercise, or intended performance or exercise, of his or her functions, duties, or powers under this Act.
304B: Appointment of temporary acting Authority
1: If an Authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an Authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Minister may appoint a suitable person as an acting Authority for the period or purpose stated in the appointment.
2: No person may be appointed as an acting Authority unless he or she is eligible for appointment as an Authority.
3: An acting Authority is, while acting in the position, to be treated as an Authority.
4: No appointment of an acting Authority and no act done by an acting Authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
304C: Orderly and efficient operation
An Authority is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
67: Section 305 amended (Appeals)
1: In section 305(3) the Authority an Authority
2: After section 305(3)
3A: An Authority may strike out, in whole or in part, an appeal if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
3: In section 305(4) the Authority an Authority
4: In section 305(5) the Authority may an Authority may
5: After section 305(5)
6: An Authority may order that any part of the evidence given or the name of any witness not be published.
7: An order may be made subject to any conditions that the Tribunal considers appropriate.
8: A person who breaches an order made under subsection (6) is liable on conviction to a fine not exceeding $3,000.
68: Section 306 amended (Procedures to be prescribed)
1: In section 306(1)﻿(a) the Authority an Authority
2: In section 306(1)﻿(b) the Authority an Authority
3: Replace section 306(2)
2: An Authority may regulate his or her procedures as he or she thinks fit, subject to—
a: this Act and any regulations made under it; and
b: any practice notes issued under section 306AA
4: In section 306(3)
a: replace the Authority all the Authorities
b: replace it them
c: replace its their
69: New section 306AA inserted (Practice notes)
After section 306
306AA: Practice notes
1: All Authorities acting together may issue practice notes, to apply to all of them, as they think fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of an Authority, officers of an Authority, and parties before an Authority.
70: New sections 306AB and 306AC inserted
After section 306AA
306AB: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Authorities and how to commence an appeal:
b: any requirements that must be met for an appeal:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
306AC: Online publication of written decisions
1: Every written decision of an Authority must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 305(6)
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, an Authority nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, written decision
6: Amendments to Health Act 1956
71: Principal Act
This subpart amends the Health Act 1956 principal Act 2018-11-14 Health Act 1956 refer s 2(4)
72: Section 54 amended (Restrictions on carrying on offensive trade)
In section 54(2) the Board of Appeal the District Court
73: Section 55 replaced (Appeal against decision of local authority or medical officer of health)
Replace section 55
55: Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade
1: This section applies if—
a: consent to establish, or to erect or extend premises for, an offensive trade under section 54(1) is refused by a local authority or the medical officer of health; or
b: a local authority refuses to register or renew the registration of premises for an offensive trade under section 54(5).
2: A person who is refused consent, or registration or renewal of registration, may appeal to the District Court.
3: If a local authority consents to the establishment of an offensive trade that will be located within 8 kilometres of the boundary of the district of any other local authority, that other local authority may appeal the decision to the District Court.
4: An appeal under this section must be brought within 3 months after the date on which the person or the other local authority is notified of the decision.
74: Section 59 replaced (Appeal against decision of local authority or medical officer of health)
Replace section 59
59: Appeal against decision refusing consent for stock saleyard or refusing registration of premises for stock saleyard
1: This section applies if—
a: consent to establish or extend a stock saleyard under section 58(1) is refused by a local authority or the medical officer of health; or
b: registration or renewal of registration of premises for a stock saleyard under section 58(3) is refused by a local authority.
2: A person who is refused consent, or registration or renewal of registration, may appeal to the District Court.
3: An appeal under this section must be brought within 3 months after the date on which the person is notified of the decision.
75: Section 124 repealed (Constitution and powers of boards of appeal)
Repeal section 124
7: Amendments to Human Rights Act 1993
76: Principal Act
This subpart amends the Human Rights Act 1993 principal Act 2018-11-14 Human Rights Act 1993 refer s 2(4) OIC LI 2019/224 2019-10-29 Human Rights Act 1993 remaining provisions brought into force: [ss 77, 89(6), 95]; refer s 2(1)
77: Section 92BA amended (Lodging of applications)
In section 92BA the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with the Chairperson of the Tribunal
78: Section 92D amended (Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement)
1: In the heading to section 92D Tribunal or Chairperson or Deputy Chairperson
2: In section 92D(1) Tribunal or the Chairperson or a Deputy Chairperson
3: In section 92D(2) Tribunal or the Chairperson or a Deputy Chairperson
4: In section 92D(3) Tribunal or the Chairperson or a Deputy Chairperson
79: Section 95 amended (Power to make interim order)
In section 95(1) Chairperson or a Deputy Chairperson
80: Section 98 amended (Membership of Tribunal)
Replace section 98(a)
a: the Chairperson or a Deputy Chairperson or, if section 103B
81: Section 99 replaced (Chairpersons of Tribunal)
Replace section 99
99: Chairperson of Tribunal
The Chairperson of the Tribunal must be appointed by the Governor-General, on the recommendation of the Minister.
99AA: Deputy Chairpersons of Tribunal
One or more Deputy Chairpersons of the Tribunal may be appointed by the Governor-General, on the recommendation of the Minister.
82: Section 99A amended (Criteria and requirement for appointment of Chairpersons)
1: In the heading to section 99A Chairpersons Chairperson and Deputy Chairperson
2: In section 99A(1) a Chairperson the Chairperson or a Deputy Chairperson
3: In section 99A(1)﻿(b) a Chairperson a Chairperson or a Deputy Chairperson
4: In section 99A(1)﻿(c) a Chairperson the Chairperson or a Deputy Chairperson
5: In section 99A(2) a Chairperson the Chairperson or a Deputy Chairperson
83: Section 100 amended (Appointment and term of office)
1: In section 100(2) a Chairperson the Chairperson or a Deputy Chairperson
2: In section 100(2) that Chairperson the Chairperson or Deputy Chairperson
3: In section 100(3) a Chairperson the Chairperson or a Deputy Chairperson
4: Replace section 100(4)
4: Where the term for which the Chairperson or a Deputy Chairperson expires, the Chairperson or that Deputy Chairperson, unless sooner vacating or removed from office under section 103, continues to hold office, by virtue of the appointment for the term that has expired until—
a: the Chairperson or that Deputy Chairperson is reappointed; or
b: a successor to the Chairperson or that Deputy Chairperson is appointed; or
c: in the case of a Deputy Chairperson, that Deputy Chairperson is informed in writing by the Minister that the Deputy Chairperson is not to be reappointed and that a successor to that Deputy Chairperson is not to be appointed.
5: After section 100(4)
5: The Chairperson or a Deputy Chairperson who continues in office for any period under subsection (4) may act as the Chairperson or a Deputy Chairperson during and after that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4):
b: hearing any other proceedings commenced before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4).
6: The Chairperson or a Deputy Chairperson who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
84: Section 101 amended (Panel)
1: Replace section 101(1)
1: The Minister must maintain a panel of any number of persons that may be required to ensure—
a: the efficient and expeditious exercise of the jurisdiction of the Tribunal throughout New Zealand; and
b: the performance of other functions under this Act or any other enactment requiring the participation of members of the panel.
1A: The Minister must specify a period of up to 5 years for which a person is approved as a member of the panel.
1B: The Minister may approve the inclusion of a person on the panel for further periods of up to 5 years.
2: In section 101(3)﻿(c) a period of up to
3: Replace section 101(4)
4: If subsection (3)﻿(c) or (d) applies, or the period for which a person is approved as a member of the panel expires, the person may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
85: New sections 101A to 101C inserted
After section 101
101A: Functions, duties, and powers of Deputy Chairpersons
Subject to any directions issued by the Chairperson, a Deputy Chairperson of the Tribunal has all the functions, duties, and powers of the Chairperson.
101B: Delegation by Chairperson of Tribunal
1: The Chairperson of the Tribunal may delegate any of the Chairperson’s functions, duties, and powers to a member of the panel who—
a: the Chairperson is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers; and
b: satisfies the criteria set out in section 99A for appointment as the Chairperson.
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Chairperson.
3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 119 for work undertaken in that capacity.
101C: References to Chairpersons include deputies and delegates and temporary acting Chairperson
Unless the context otherwise requires, a reference in this Act or regulations made under this Act to the Chairperson includes—
a: a Deputy Chairperson appointed under section 99AA
b: a person to whom the functions, powers, and duties of the Chairperson are delegated under section 101B
c: a temporary acting Chairperson appointed under section 102
86: Section 102 replaced (Deputy Chairperson)
Replace section 102
102: Appointment of temporary acting Chairperson
1: If the Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Chairperson considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting Chairperson for the period or purpose stated in the appointment.
2: No person may be appointed as the acting Chairperson unless he or she is eligible for appointment as the Chairperson.
3: The acting Chairperson is, while acting in the position, to be treated as the Chairperson of the Tribunal.
4: No appointment of the acting Chairperson, no act done by the acting Chairperson, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
87: Section 103 amended (Vacation of office by Chairperson and Deputy Chairperson)
1: In the heading to section 103 Chairperson , temporary acting Chairperson,
2: In section 103(1), (2), and (3) A Chairperson The Chairperson, a temporary acting Chairperson,
88: New sections 103A and 103B inserted
After section 103
103A: Orderly and efficient operation
The Chairperson of the Tribunal is responsible for making such arrangements as are practicable to ensure that, in relation to the work of the Tribunal, the Chairperson, each Deputy Chairperson and each member of the panel performs their functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act or any other enactment.
103B: Powers of Chairperson to direct constitution of Tribunal
1: The Chairperson of the Tribunal may direct, for the purposes of any particular proceedings, that the Tribunal be constituted by—
a: the Chairperson; and
b: a Deputy Chairperson; and
c: two panel members.
2: The Chairperson of the Tribunal may give a direction under subsection (1) if he or she is satisfied that—
a: the proceedings are unusually complex or difficult; or
b: it is desirable for training purposes that the Tribunal be constituted in this way.
89: Section 104 amended (Sittings of Tribunal)
1: In section 104(1) or Chairperson the Chairperson or a Deputy Chairperson
2: In section 104(2) a Chairperson the Chairperson or a Deputy Chairperson
3: In section 104(4) A Chairperson The Chairperson or a Deputy Chairperson
4: After section 104(4)
4A: Despite anything in this Act to the contrary, the Tribunal or the Chairperson or a Deputy Chairperson may determine a proceeding on the papers if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate.
4B: Before doing so, the Tribunal or the Chairperson or a Deputy Chairperson must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
4C: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate and the necessary facilities are available.
5: Replace section 104(5)
5: The Tribunal may regulate its procedure as it thinks fit, subject to this Act and any regulations made under it, and any practice notes issued under section 121A
6: After section 104(5)
6: Forms for use in the Tribunal may be approved by the chief executive of the Ministry of Justice after consulting the Chairperson.
90: Section 109 amended (Witness summons)
In section 109(3) a Chairperson the Chairperson or a Deputy Chairperson
91: Section 110 amended (Service of summons)
1: Replace section 110(1)
1: A witness summons may be served by—
a: delivering the summons personally to the witness or, if he or she refuses to accept it, bringing it to his or her attention; or
b: delivering the summons to the witness at his or her usual place of residence by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the witness.
2: In section 110(2)﻿(b) 10 days 8 working days
3: Repeal section 110(3)
92: Section 114 amended (Power to commit for contempt)
1: In section 114(1)﻿(a) assaults,
2: In section 114(1) the Chairperson or a Deputy Chairperson
93: New section 115A inserted (Tribunal may strike out, determine, or adjourn proceedings)
After section 115
115A: Tribunal may strike out, determine, or adjourn proceedings
1: The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing.
94: New section 121A inserted (Practice notes)
After section 121
121A: Practice notes
1: The Chairperson of the Tribunal may issue practice notes as he or she considers appropriate.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of the other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal.
95: New sections 121B and 121C inserted
After section 121A
121B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunal and how to commence a proceeding:
b: any requirements that must be met for a proceeding:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
121C: Online publication of final written decisions
1: Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 107(3).
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers.
96: Section 123 amended (Appeals to High Court)
1: In section 123(1) the Chairperson or a Deputy Chairperson
2: In section 123(4) 30 days 22 working days
97: Section 124 amended (Appeal to Court of Appeal on a question of law)
1: In section 124(2) 21 days 15 working days
2: In section 124(3), replace 21 days 15 working days
98: Schedule 1AA amended
1: In Schedule 1AA
Part 1: Provision relating to Human Rights Amendment Act 2016
2: In Schedule 1AA, after clause 1 Part 2 Schedule 4
8: Amendments to Immigration Act 2009
99: Principal Act
This subpart amends the Immigration Act 2009 principal Act 2018-11-14 Immigration Act 2009 refer s 2(4) OIC LI 2019/224 2019-10-29 Immigration Act 2009 remaining provisions brought into force: [s 106(2) and (6)]; refer s 2(1)
100: Section 219 amended (Membership of Tribunal)
In section 219(3) members other members
101: New section 219A inserted (Appointment of temporary acting chair or member of Tribunal)
After section 219
219A: Appointment of temporary acting chair or member of Tribunal
1: If the chair or another member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if another member appointed under section 219(1)﻿(b) considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General,—
a: on the recommendation of the Attorney-General, after consultation with the Minister of Justice and the Minister, may appoint a suitable person as the acting chair for the period or purpose stated in the appointment:
b: on the recommendation of the Minister of Justice, after consultation with the Minister, may appoint a suitable person as an acting member for the period or purpose stated in the appointment.
2: No person may be appointed as an acting chair or acting member unless he or she is eligible for appointment to the relevant position.
3: An acting chair or other member, while acting in that position, is to be treated as the chair or other member.
4: No appointment of an acting chair or other member, no act done by an acting chair or other member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
102: Section 220 amended (Role of chair of Tribunal)
In section 220(2)﻿(a) Tribunal and for the guidance of other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal
103: New section 224A inserted (Tribunal may strike out, determine, or adjourn appeal)
After section 224
224A: Tribunal may strike out, determine, or adjourn appeal
1: The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing.
104: Section 353 amended (Offences in relation to Tribunal)
Replace section 353(2)﻿(c)
c: without sufficient cause, contravenes or fails to comply with any order made by the Tribunal under clause 10(3) of Schedule 2 or any term or condition of the order; or
d: breaches an order made under clause 18(4) of Schedule 2.
105: Section 355 amended (Penalties: general)
After section 355(4)
4A: A person convicted of an offence against section 353(2)﻿(d)
106: Schedule 2 amended
1: In Schedule 2, replace clause 1(5)
5: A member of the Tribunal continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: a successor to the member is appointed; or
c: the member is notified that a replacement member will not be appointed; or
d: the member vacates or is removed from office.
6: A member who continues in office for any period under subclause (5), unless he or she was removed from office, may act as a member during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
b: hearing any other proceedings.
7: A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
2: In Schedule 2, clause 11(1) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with the chair of the Tribunal
3: In Schedule 2, clause 11(2) exercised by the Tribunal, by the chair or deputy chair of the Tribunal,
4: In Schedule 2, clause 11(2) authority of the Tribunal or the chair or deputy chair of the Tribunal
5: In Schedule 2, after clause 18
18A: Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tribunal or the chair of the Tribunal considers it appropriate and the necessary facilities are available.
6: In Schedule 2 clause 18A
18B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunal and how to commence proceedings:
b: any requirements that must be met to bring proceedings:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
7: In Schedule 2, clause 19(1) Subject to subclauses (2) and (4) Subject to subclauses (2) and (4) and clause 18(4)
9: Amendments to Immigration Advisers Licensing Act 2007
107: Principal Act
This subpart amends the Immigration Advisers Licensing Act 2007 principal Act 2018-11-14 Immigration Advisers Licensing Act 2007 refer s 2(4) OIC LI 2019/224 2019-10-29 Immigration Advisers Licensing Act 2007 remaining provisions brought into force: [s 109, 114(5) and (11)]; refer s 2(1)
108: New section 41A inserted (Orderly and efficient operation)
After section 41
41A: Orderly and efficient operation
The chair of the Tribunal is responsible for making such arrangements as are practicable to ensure that he or she and each member performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
109: New section 41B inserted (Delegation by chair of Tribunal)
After section 41A
41B: Delegation by chair of Tribunal
1: The chair of the Tribunal may delegate any of the chair’s functions, duties, and powers to a member of the Tribunal who he or she is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers.
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the chair.
3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with clause 4 of the Schedule for work undertaken in that capacity.
110: Section 49 amended (Proceedings before Tribunal)
In section 49(2) and any regulations made under this Act , any regulations made under this Act, and any practice notes issued under clause 12 of the Schedule
111: New section 50A inserted (Suppression orders)
After section 50
50A: Suppression orders
1: The Tribunal may order that any part of any evidence given or the name of any witness not be published.
2: An order may be made subject to any conditions that the Tribunal considers appropriate.
112: New sections 70A to 70C inserted
After section 70
70A: Offence of breaching suppression order
A person who breaches an order made under section 50A
70B: Offence to fail to comply with summons
1: A person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to it any books, papers, documents, records, or things, without sufficient cause,—
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 subject of the inquiry; or
c: fails to produce any such paper, document, record, or thing.
2: A person commits an offence if the person—
a: wilfully obstructs or hinders the Tribunal or any member of it or any authorised person in any inspection or examination of papers, documents, records, or things; or
b: without sufficient cause, fails to comply with any requirement of the Tribunal or any authorised person made under clause 6(3) of the Schedule.
3: A person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000.
4: No person summoned to attend the inquiry may be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there was made to that person a payment or tender of the amount fixed in accordance with clause 7 of the Schedule.
70C: Contempt of Tribunal
1: A person commits an offence if the person—
a: wilfully insults or obstructs the Tribunal or any member of it, a witness, or an officer of the Tribunal during a sitting of the Tribunal or while a member, a witness, or an officer is going to, or returning from, a sitting of the Tribunal; or
b: wilfully insults or obstructs any person in attendance at a sitting of the Tribunal; or
c: wilfully interrupts, or otherwise misbehaves, at a sitting of the Tribunal; or
d: wilfully and without lawful excuse disobeys any order or direction of the Tribunal in the course of the hearing of any proceedings.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
3: The Tribunal may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in the opinion of the Tribunal, constitutes an offence against subsection (1)
113: Section 93 amended (Service of notices)
In section 93(3) 7 9
114: Schedule amended
1: In the Schedule, clause 2(1) not exceeding 3 years of up to 5 years
2: In the Schedule, after clause 2(3)
4: A member who continues in office for any period under subclause (3) may act as a member during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
b: hearing any other proceedings.
5: A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
3: In the Schedule, after clause 3
3A: Appointment of temporary acting chair or member
1: If the chair or a member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chair or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister of Justice acting in consultation with the Minister, may appoint a suitable person as the acting chair or an acting member for the period or purpose stated in the appointment.
2: No person may be appointed as the acting chair or an acting member unless he or she is eligible for appointment to the relevant position.
3: The acting chair or acting member is, while acting in the position, to be treated as the chair or a member of the Tribunal.
4: No appointment of an acting chair or acting member, no act done by an acting chair or acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
4: In the Schedule, replace clause 6(1)
1: For the purposes of any matter before the Tribunal, the Tribunal may, on its own initiative or at the request of a party, issue a summons to any person requiring that person to attend before the Tribunal and give evidence.
5: In the Schedule, clause 6(2) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with the chair of the Tribunal
6: In the Schedule, clause 6(3) exercised by the Tribunal or the chair of the Tribunal
7: In the Schedule, clause 6(3) authority of the Tribunal or the chair of the Tribunal
8: In the Schedule, replace clause 8
8: Power to take evidence
1: The Tribunal may take evidence on oath or affirmation and, for that purpose, the Tribunal or any other person acting under the express or implied direction of the Tribunal may administer the oath or affirmation.
2: The Tribunal may require that any documents or information be verified by oath, affirmation, statutory declaration, affidavit, or another means.
3: On any charge of perjury, it is sufficient to prove that the oath or affirmation was administered, or the documents or information were verified, in accordance with this clause.
8A: Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tribunal or the chair of the Tribunal considers it appropriate and the necessary facilities are available.
8B: Decisions to be in writing and state reasons
Every decision of the Tribunal must be in writing and must state the reasons for the decision.
9: In the Schedule, clause 10(a), (b), and (c) rules regulations
10: In the Schedule, after clause 11
12: Practice notes
1: The chair of the Tribunal may issue practice notes as he or she thinks fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of members of the Tribunal, officers of the Tribunal, and parties before the Tribunal.
11: In the Schedule, after clause 12
13: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunal and how to commence proceedings:
b: any requirements that must be met to bring proceedings:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
14: Online publication of final written decisions
1: Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subclauses (1) and (2) section 50A
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subclause (1)
5: In this clause, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers.
10: Amendments to Lawyers and Conveyancers Act 2006
115: Principal Act
This subpart amends the Lawyers and Conveyancers Act 2006 principal Act 2018-11-14 Lawyers and Conveyancers Act 2006 refer s 2(4) OIC LI 2019/224 2019-10-29 Lawyers and Conveyancers Act 2006 remaining provisions brought into force: [ss 119, 121(5), 125, 128, 135(4)]; refer s 2(1)
116: Section 179 amended (Notification of practitioner or former practitioner, partner, employer, or director)
1: In section 179(1)﻿(b) on
2: Replace section 179(3)
3: The notice may be served by—
a: delivering it personally to the practitioner, former practitioner, related person or entity, partner, employer, or director or, if he or she refuses to accept it, bringing it to his or her attention; or
b: delivering it to any of those persons at his or her usual place of residence or business by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the person named in the notice.
117: Section 182 amended (Application of money in satisfaction of expenses)
Replace section 182(3)
3: The notice may be served on a practitioner or former practitioner or his or her representative by—
a: delivering it personally to the practitioner or former practitioner or, if he or she refuses to accept it, bringing it to his or her attention; or
b: delivering it to any of those persons at his or her usual place of residence or business by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the person named in the notice.
118: New section 192A inserted (Orderly and efficient operation)
After section 192
192A: Orderly and efficient operation
The Legal Complaints Review Officer is responsible for making such arrangements as are practicable to ensure that he or she and any Deputy Legal Complaints Review Officer performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
119: Section 198 amended (Applications for review)
In section 198(a) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with the Legal Complaints Review Officer
120: Section 205 replaced (Power to decline to make further inquiry or investigation)
Replace section 205
205: Legal Complaints Review Officer may strike out, determine, or adjourn application for review
1: The Legal Complaints Review Officer may strike out, in whole or in part, an application for review if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of an application for review, the Legal Complaints Review Officer may,—
a: if the party is required to be present, strike out the application; or
b: determine the application in the absence of the party; or
c: adjourn the hearing.
121: Section 206 amended (Proceedings of Legal Complaints Review Officer)
1: Replace section 206(2)
2: Despite anything in this Act to the contrary, if it appears to the Legal Complaints Review Officer that a review can be adequately determined on the papers, he or she may, without the consent of the parties, do so on the basis of the information available, including any information obtained under section 204(b).
2A: Before doing so, he or she must give the parties a reasonable opportunity to comment on whether the review should be dealt with in that manner.
2B: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Legal Complaints Review Officer considers it appropriate and the necessary facilities are available.
2: After section 206(3)
3A: The Legal Complaints Review Officer’s powers to determine a review are not affected by the failure of any party to—
a: make a submission or comment within the time allowed; or
b: give specified information within the time allowed; or
c: attend, or participate in, a hearing called by the Legal Complaints Review Officer; or
d: do any other thing the Legal Complaints Review Officer asks for or directs.
3B: If any failure of the kind referred to in subsection (3A) occurs in review proceedings, the Legal Complaints Review Officer may—
a: draw from the failure any reasonable inferences he or she thinks fit; and
b: determine the review concerned on the basis of the information available to him or her or strike out the application for review under section 205; and
c: give any weight he or she thinks fit to information—
i: that he or she asked for, or directed to be provided; but
ii: that was provided later than requested or directed.
3: In section 206(4) subject to subsection (3), subject to subsection (3) and section 206A
4: In section 206(5) and to any rules made under this Act, , any rules made under this Act, and any practice notes issued under section 215A
5: After section 206(5)
6: Forms for use by the Legal Complaints Review Officer may be approved by the chief executive of the Ministry of Justice after consulting the Legal Complaints Review Officer.
122: New section 206A inserted (Suppression orders)
After section 206
206A: Suppression orders
1: The Legal Complaints Review Officer may order that any part of any evidence given or the name of any witness not be published.
2: An order may be made subject to any conditions that the Legal Complaints Review Officer considers appropriate.
123: Section 215 amended (Enforcement of orders for costs or expenses)
1: In the heading to section 215 costs or expenses payment of money
2: In section 215(1) costs or expenses or both money (whether compensation, the refund of a fee, a fine, or costs or expenses)
3: In section 215(2) costs or expenses or both money (whether compensation, the refund of a fee, a fine, or costs or expenses)
4: Replace section 215(3)
3: The court so named must be—
a: the District Court, if the amount recoverable does not exceed $350,000 or any higher amount from time to time specified in section 74 of the District Court Act 2016 as the upper limit of the general civil jurisdiction of the District Court; or
b: in every other case, the High Court.
124: New section 215A and cross-heading inserted
After section 215 Practice notes, procedural information, and publication of decisions
215A: Practice notes
1: The Legal Complaints Review Officer may issue practice notes as he or she thinks fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of Deputy Legal Complaints Review Officers, persons making complaints, persons who are the subject of complaints, and parties before the Legal Complaints Review Officer.
125: New section 215B inserted (Online publication of information about procedures, time frames, and progress of decisions)
After section 215A
215B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Legal Complaints Review Officer and how to commence a review:
b: any requirements that must be met to request a review:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
126: New section 233A inserted (Appointment of temporary acting member)
After section 233
233A: Appointment of temporary acting member
1: If a member of the Disciplinary Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as an acting member for the period or purpose stated in the appointment.
2: The Minister must not make a recommendation under subsection (1) unless the Minister has consulted—
a: the chairperson of the Disciplinary Tribunal; and
b: the New Zealand Law Society; and
c: the New Zealand Society of Conveyancers.
3: No person may be appointed as an acting member unless he or she is eligible for appointment as a member.
4: An acting member is, while acting in the position, to be treated as a member of the Tribunal.
5: No appointment of an acting member, no act done by an acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
127: New section 238A inserted (Hearing on papers)
After section 238
238A: Hearing on papers
1: Despite anything in this Act to the contrary, the Disciplinary Tribunal may determine a proceeding on the papers if the Tribunal considers it appropriate.
2: Before doing so, the Tribunal must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
128: New sections 239A and 239B inserted
After section 239
239A: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Disciplinary Tribunal and how to bring proceedings:
b: any requirements that must be met to bring proceedings:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
239B: Online publication of final written decisions
1: Every final written decision of the Disciplinary Tribunal must be published on an Internet site as soon as practicable, unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 240.
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, the Disciplinary Tribunal nevertheless determines that the decision, or any part of it, should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers:
c: an oral decision transcribed by an official transcription service.
129: New section 240A inserted (Disciplinary Tribunal may strike out, determine, or adjourn proceeding)
After section 240
240A: Disciplinary Tribunal may strike out, determine, or adjourn proceeding
1: The Disciplinary Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, the Disciplinary Tribunal may,—
a: if the party is required to attend, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing.
130: New section 249A inserted (Practice notes)
After section 249
249A: Practice notes
1: The chairperson of the Disciplinary Tribunal may issue practice notes as he or she thinks fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of other members of the Disciplinary Tribunal, officers of the Disciplinary Tribunal, and parties before the Disciplinary Tribunal.
131: Section 251 amended (Contempt of Disciplinary Tribunal)
In section 251(1)﻿(a) assaults
132: Section 258 amended (Enforcement of orders of Disciplinary Tribunal)
1: After section 258(2)
2A: If the Disciplinary Tribunal, acting in accordance with this Act or any rules made under this Act, orders the New Zealand Law Society or the New Zealand Society of Conveyancers or any person to pay a fine, expenses, or other monetary amount to any other person, that amount is recoverable in any court of competent jurisdiction from that society or person by that other person as a debt due to that person.
2: In section 258(3) the High Court or, in the case of an order to pay any amount referred to in subsection (2) or (2A), in the office of any court of competent jurisdiction
3: In section 258(4) High Court court in which it was filed
133: New section 262A inserted (Offence of breaching suppression order)
After section 262
262A: Offence of breaching suppression order
A person who breaches an order made under section 206A
134: Schedule 3 amended
1: In Schedule 3, replace clause 1(1)
1: A person appointed as the Legal Complaints Review Officer must be appointed for a term of up to 5 years and may be reappointed.
2: In Schedule 3, after clause 1(2)
3: A person who continues in office for any period under subclause (2) may act as the Legal Complaints Review Officer during that period for the purpose of—
a: completing any proceedings partly or wholly heard by him or her before the expiry of his or her term of office:
b: hearing any other proceedings.
4: A person who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
3: In Schedule 3, replace clause 3(1)
1: Deputies to the person appointed as the Legal Complaints Review Officer may be appointed from time to time.
135: Schedule 4 amended
1: In Schedule 4, clause 2(1) not exceeding 3 years of up to 5 years
2: In Schedule 4, after clause 2(3)
4: A member who continues in office for any period under subclause (3) may act as a member during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
b: hearing any other proceedings.
5: A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
3: In Schedule 4, replace clause 6
6: Power to summon witnesses
1: For the purposes of its proceedings, the Disciplinary Tribunal may, on its own initiative or at the request of a party, issue in writing a summons requiring any person—
a: to attend at the time and place specified in the summons and to give evidence; and
b: to produce any papers, documents, records, or things in that person's possession or under that person's control that are relevant to the proceedings.
2: The Tribunal may require a person producing any of the things listed in subclause (1)﻿(b) to do so under oath or affirmation, by statutory declaration, or by other means.
3: The power to issue a witness summons may be exercised by the Tribunal, the chairperson, the deputy chairperson, the chairperson of a division, or any officer of the Tribunal purporting to act at the direction or with the authority of the Tribunal or any of those persons.
4: The Tribunal may—
a: require a copy of anything that is produced to be provided to any person appearing at the hearing; and
b: impose any terms and conditions on the provision of copies and the use that can be made of them.
5: For the purposes of subclause (1), writing
a: the recording of words in a permanent and legible form; and
b: the recording of words by electronic means that can be retrieved and read; and
c: the display of words by any form of electronic or other means of communication that is subsequently recorded by electronic means and that can, by any means, be retrieved and read.
4: In Schedule 4, after clause 6(3)
3A: A witness summons must be in a form approved by the chief executive of the Ministry of Justice after consulting the Tribunal.
5: In Schedule 4, after clause 11
12: Decisions to be in writing and state reasons
1: Every decision of the Disciplinary Tribunal must be in writing and must state the reasons for the decision.
2: Despite subclause (1), the Tribunal—
a: may give interim decisions on matters requiring urgent decisions, without stating the reasons for the decision; but
b: must subsequently set out the reasons for the decision in a written decision.
11: Amendments to Legal Services Act 2011
136: Principal Act
This subpart amends the Legal Services Act 2011 principal Act 2018-11-14 Legal Services Act 2011 refer s 2(4) OIC LI 2019/224 2019-10-29 Legal Services Act 2011 remaining provisions brought into force: [ss 138, 140, 149, 152(6)]; refer s 2(1)
137: Section 53 amended (Application for review)
In section 53(2) 3 months 60 working days
138: New sections 55A and 55B inserted
After section 55
55A: Procedure
1: The Tribunal may regulate its procedures as it sees fit, subject to this Act, any regulations made under it, and any practice notes issued under section 65(2)﻿(b).
2: Forms for use in the Tribunal may be approved by the chief executive of the Ministry after consulting the Tribunal.
55B: Tribunal may strike out application for review
The Tribunal may strike out, in whole or in part, an application for review if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
139: New section 57A inserted (Suppression orders)
After section 57
57A: Suppression orders
1: The Tribunal may order that any part of any evidence given or the name of any witness not be published.
2: An order may be made subject to any conditions that the Tribunal considers appropriate.
140: New section 57B inserted (Online publication of information about procedures, time frames, and progress of decisions)
After section 57A
57B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry:
a: information about the purpose of the Tribunal and how to bring proceedings:
b: any requirements that must be met to bring proceedings:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
141: Section 58 amended (Chairperson may direct publication of Tribunal decisions)
In section 58
2: Subsection (1) is subject to section 57A
142: Section 65 amended (Chairperson of Tribunal)
In section 65(2)﻿(b) Tribunal and for the guidance of members of the Tribunal, officers of the Tribunal, and parties before the Tribunal
143: New section 66A inserted (Appointment of temporary acting chairperson or member)
After section 66
66A: Appointment of temporary acting chairperson or member
1: If the chairperson or a member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting chairperson or an acting member for the period or purpose stated in the appointment.
2: No person may be appointed as the acting chairperson or an acting member unless he or she is eligible for appointment to the relevant position.
3: The acting chairperson or an acting member is, while acting in the position, to be treated as the chairperson or a member of the Tribunal.
4: No appointment of an acting chairperson or acting member, no act done by an acting chairperson or acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
144: New section 85A inserted (Review Authority may strike out review)
After section 85
85A: Review Authority may strike out review
The Review Authority may strike out, in whole or in part, a review if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
145: New section 86A inserted (Suppression orders)
After section 86
86A: Suppression orders
1: The Review Authority may order that any part of any evidence given or the name of any witness not be published.
2: An order may be made subject to any conditions that the Review Authority considers appropriate.
146: Section 87A amended (Deputy Review Authority)
Replace section 87A(1)
1: A Deputy Review Authority appointed under section 84(2) has the functions, powers, duties, and immunities of the Review Authority (except the function of issuing practice notes under section 87D
147: New section 87C inserted (Appointment of temporary acting Review Authority or Deputy Review Authority)
After section 87B
87C: Appointment of temporary acting Review Authority or Deputy Review Authority
1: If the Review Authority or a Deputy Review Authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Review Authority or a Deputy Review Authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Minister may appoint a suitable person as the acting Review Authority or an acting Deputy Review Authority for the period or purpose stated in the appointment.
2: No person may be appointed as the acting Review Authority or an acting Deputy Review Authority unless he or she is eligible for appointment to the relevant position.
3: The acting Review Authority or an acting Deputy Review Authority is, while acting in the position, to be treated as the Review Authority or a Deputy Review Authority.
4: No appointment of an acting Review Authority or acting Deputy Review Authority and no act done by an acting Review Authority or acting Deputy Review Authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
148: New section 87D and cross-heading inserted
After section 87C Practice notes, procedural information, and publication of decisions
87D: Practice notes
1: The Review Authority may issue practice notes as he or she thinks fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of a Deputy Review Authority, officers of the Authority, and parties before the Authority.
149: New sections 87E and 87F inserted
After section 87D
87E: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry:
a: information about the purpose of the Review Authority and how to bring proceedings:
b: any requirements that must be met to bring proceedings:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
87F: Online publication of final written decisions
1: Every final written decision of the Review Authority must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 86A
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, the Review Authority nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
150: New section 112A inserted (Offence of breaching suppression order)
After section 112
112A: Offence of breaching suppression order
A person who breaches an order made under section 57A or 86A
151: Section 115 amended (Service of notices, etc)
1: After section 115(1)﻿(c)
d: by sending it to that person electronically.
2: After section 115(3)
4: If a notice or any other communication is served in electronic form under subsection (1)﻿(d), then, unless the contrary is shown,—
a: the notice or other communication is served at the time the electronic communication containing the notice or communication first enters an information system outside the control of its originator; and
b: in proving service, it is sufficient to prove that the electronic communication was properly addressed and sent.
5: In this section, information system
152: Schedule 3 amended
1: In Schedule 3, clause 1(1) 3 years 5 years
2: In Schedule 3, clause 3
2: A member who continues in office for any period under subclause (1) may (unless he or she is removed from office) act as a member during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
b: hearing any other proceedings.
3: A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
3: In Schedule 3, clause 18(1) 3 years 5 years
4: In Schedule 3, after clause 18(2)
3: The Review Authority continues in office despite the expiry of his or her term of office until—
a: the Review Authority is reappointed; or
b: the Review Authority’s successor is appointed; or
c: the Review Authority is notified that a replacement Review Authority will not be appointed; or
d: the Review Authority vacates or is removed from office.
4: A person who continues in office for any period under subclause (3), unless he or she was removed from office, may act as the Review Authority during that period for the purpose of—
a: completing any proceedings partly or wholly heard by them before the expiry of his or her term of office:
b: hearing any other proceedings.
5: A person who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
5: In Schedule 3, replace clauses 25
25: Procedure
The Review Authority may regulate his or her procedure as he or she thinks fit, subject to this Act, any regulations made under it, and any practice notes issued under section 87D
26: Orderly and efficient operation
1: The Review Authority is responsible for making any arrangements that are practicable to ensure that he or she and any Deputy Authorities, perform their functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
2: The Ministry of Justice must provide the resources and administrative support necessary to enable the Review Authority to perform his or her functions.
6: In Schedule 3, clause 25
2: Forms for use by the Review Authority may be approved by the chief executive of the Ministry after consulting the Review Authority.
12: Amendments to Maritime Transport Act 1994
153: Principal Act
This subpart amends the Maritime Transport Act 1994 principal Act 2018-11-14 Maritime Transport Act 1994 refer s 2(4)
154: Section 52 amended (Suspension from work)
1: Replace section 52(2B)
2B: If the Director proposes to suspend a person, the Director must give the person notice under section 51, which applies as if the proposed suspension were a proposed adverse decision under that section.
2: Replace section 52(5)
5: A person who is the subject of a decision under this section may appeal the decision to the District Court under section 424.
155: Section 82 and cross-heading repealed
Repeal section 82
156: New section 82A inserted (Maritime Appeal Authority disestablished)
After section 82
82A: Maritime Appeal Authority disestablished
1: The Maritime Appeal Authority is disestablished.
2: No compensation is payable to a person who ceases to hold office as a result of the Maritime Appeal Authority being disestablished.
157: Section 191 amended (Maritime levies)
In section 191(2)﻿(b) the Maritime Appeal Authority,
158: Section 207 amended (Abolition of Marine Council and Marine Advisory Committee, etc)
Replace section 207(1)﻿(d)
d: every other body established by or under the Shipping and Seamen Act 1952, including the Maritime Appeal Authority (which is disestablished under section 82A
159: Section 425 amended (Procedure)
After section 425(2)
2A: When deciding an appeal under section 52, the District Court must have regard to the potential effect on the risk to maritime safety of the suspended person being employed as a seafarer.
160: Section 426 amended (Decision of Director or harbourmaster to continue in force pending appeal)
In section 426(1) and (2) section 52 or
161: Section 445 amended (Regulations for fees and charges)
In section 445(1)﻿(b) the Maritime Appeal Authority,
162: Schedule 2 repealed
Repeal Schedule 2
13: Amendments to Motor Vehicle Sales Act 2003
163: Principal Act
This subpart amends the Motor Vehicle Sales Act 2003 principal Act 2018-11-14 Motor Vehicle Sales Act 2003 refer s 2(4) OIC LI 2019/224 2019-10-29 Motor Vehicle Sales Act 2003 remaining provisions brought into force: [s 171(2), (4), (9), and (13)]; refer s 2(1)
164: Section 84 amended (Term of office of adjudicators)
1: Replace section 84(1)﻿(b)
b: may be reappointed.
2: After section 84(2)
3: An adjudicator who continues in office for any period under subsection (2) may act as an adjudicator during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Disputes Tribunal on which he or she sat before the expiry of his or her term of office:
b: hearing any other proceedings.
4: An adjudicator who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
165: New section 85A inserted (Appointment of temporary acting adjudicator)
After section 85
85A: Appointment of temporary acting adjudicator
1: If an adjudicator of a Disputes Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an adjudicator considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the joint recommendation of the Minister and the Minister of Justice, may appoint a suitable person as an acting adjudicator for the period or purpose stated in the appointment.
2: No person may be appointed as an acting adjudicator unless he or she is eligible for appointment as an adjudicator.
3: An acting adjudicator is, while acting in the position, to be treated as the adjudicator of the relevant Disputes Tribunal.
4: No appointment of an acting adjudicator, no act done by an acting adjudicator, and no act done by a Disputes Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
166: Section 88 amended (Panel of persons who may be appointed as assessors)
1: Replace section 88(1)
1: The Minister must maintain a panel of any number of persons that may be required to ensure the efficient and expeditious exercise of the jurisdiction of the Disputes Tribunals throughout New Zealand.
1A: The Minister must specify a period of up to 5 years for which a person is approved as a member of the panel.
1B: The Minister may approve the inclusion of a person on the panel for further periods of up to 5 years.
2: Repeal section 88(3)
3: Replace section 88(5)
5: If subsection (4)﻿(c) or (d) applies, the person may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
167: Section 89 amended (Jurisdiction of Disputes Tribunal)
In section 89(1)﻿(b) a Disputes Tribunal the Disputes Tribunal
168: Section 94 amended (Decisions to be publicly available)
In section 94(1) Every Subject to clause 13A
169: New sections 110A and 110B and cross-heading inserted
After section 110 Offences relating to Disputes Tribunals
110A: Offence in relation to suppression orders
1: A person commits an offence if the person breaches an order made under clause 13A
2: The penalty for an offence under this section is set out in section 116A
110B: Contempt of Tribunal
1: A person commits an offence if the person—
a: wilfully insults, or obstructs a Disputes Tribunal, an adjudicator, an assessor, a witness, or an officer of a Tribunal during a sitting of a Tribunal or while an adjudicator, an assessor, a witness, or an officer is going to, or returning from, a sitting of a Tribunal; or
b: wilfully insults, or obstructs any person in attendance at a sitting of a Tribunal; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of a Tribunal; or
d: wilfully and without lawful excuse disobeys any order or direction of a Tribunal in the course of the hearing of any proceedings.
2: The penalty for an offence under this section is set out in section 116A
3: A Tribunal may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in the opinion of the Tribunal, constitutes an offence against subsection (1), whether or not the person is charged with the offence, and any officer of the Tribunal or constable may take any steps that are reasonably necessary to enforce the exclusion.
170: New section 116A inserted (Penalties for offences relating to Disputes Tribunals)
After section 116
116A: Penalties for offences relating to Disputes Tribunals
1: A person convicted of an offence against section 110A
2: A person convicted of an offence against section 110B clause 9H of Schedule 1
171: Schedule 1 amended
1: In Schedule 1, clause 1 rules of natural justice and any practice notes issued under clause 17
2: In Schedule 1, clause 1
2: Forms for use in the Disputes Tribunals may be approved by the chief executive of the Ministry of Justice after consulting all the adjudicators.
3: In Schedule 1, after clause 2
2A: Orderly and efficient operation
An adjudicator is responsible for making any arrangements that are practicable to ensure that the Disputes Tribunal on which he or she sits performs its functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
4: In Schedule 1, clause 4 the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with all adjudicators
5: In Schedule 1, clause 8(1) must be conducted in private must, unless a Disputes Tribunal orders otherwise, be conducted in public
6: In Schedule 1, after clause 8(1)
1A: A Disputes Tribunal may order that a hearing be conducted in private if the relevant adjudicator is of the opinion that it is proper to do so, having regard to the interests of any party and to the public interest.
7: In Schedule 1, replace clause 8(2)
2: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the relevant adjudicator considers it appropriate and the necessary facilities are available.
8: In Schedule 1, after clause 9
9A: Hearing on papers
1: Despite anything in this Act to the contrary, a Disputes Tribunal may determine a proceeding on the papers if the relevant adjudicator considers it appropriate.
2: Before doing so, the Tribunal must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
9B: Disputes Tribunal may strike out, determine, or adjourn proceeding
1: A Disputes Tribunal may strike out, in whole or in part, a proceeding if the relevant adjudicator is satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, a Disputes Tribunal may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing.
9C: Evidence
1: A Disputes Tribunal may take evidence on oath or affirmation and, for that purpose, the Tribunal or any other person acting under the express or implied direction of the Tribunal may administer the oath or affirmation.
2: A Disputes Tribunal may require that any documents or information be verified by oath or affirmation, statutory declaration, affidavit, or another means.
3: A Disputes Tribunal may, on its own initiative, seek and receive any other evidence and make any other investigations and inquiries that it thinks fit.
4: All evidence and information received or ascertained must be disclosed to every party, and every party must be given a reasonable opportunity to comment on it.
5: A Disputes Tribunal may receive and take into account any relevant evidence or information, whether or not that evidence or information would normally be admissible in a court of law.
6: On any charge of perjury, it is sufficient to prove that the oath or affirmation was administered, or the documents or information were verified, in accordance with this clause.
9: In Schedule 1 clause 9C
9D: Summons to witness
1: A Disputes Tribunal may, on its own initiative or at the request of a party, by a summons in a form approved by the chief executive of the Ministry after consulting all the adjudicators, summon any person—
a: to attend before the Tribunal at the time and place specified in the summons; and
b: to give evidence in the proceedings; and
c: to produce to the Tribunal any documents in that person’s possession or control that are specified in the summons.
2: The power to issue a witness summons may be exercised by a Disputes Tribunal, an adjudicator, or any officer of a Tribunal purporting to act at the direction or with the authority of the Tribunal or an adjudicator.
10: In Schedule 1 clause 9D
9E: Service of summons
1: Every summons issued under clause 9D
2: There must be paid or tendered to the witness at the time of service of the summons, or at any other reasonable time before the time at which the witness’s attendance is required, the sum that the Registrar estimates to be payable to the witness under clause 9G
3: A witness is not obliged to comply with a summons issued under clause 9D subclause (2)
9F: Obligation on witness to attend extends to adjourned proceedings
1: The obligation on a witness summoned under clause 9D clause 9E(2)
2: A Disputes Tribunal or an adjudicator may excuse a witness from any further attendance.
9G: Witnesses’ expenses
1: Every person who attends before a Disputes Tribunal for the purpose of giving evidence in any proceedings is entitled to receive any fees, allowances, and travelling expenses that the Tribunal directs, in accordance with the scale set out in the Schedule of the Witnesses and Interpreters Fees Regulations 1974.
2: The fees, allowances, and travelling expenses are payable by the party on whose behalf the person attends, unless in any particular case a Disputes Tribunal orders them to be paid out of money appropriated by Parliament for those purposes.
9H: Failure to give evidence
1: A person commits an offence if the person—
a: has been served with a summons issued under clause 9D
b: has been paid or tendered witness expenses in accordance with clause 9G
c: fails without sufficient cause to comply with the directions of the summons or with the requirements of clause 9F
2: A person commits an offence if the person—
a: is present at any proceedings before a Disputes Tribunal (whether or not as a result of the service of any summons on that person); and
b: is required to give evidence in the proceedings; and
c: refuses—
i: to be sworn; or
ii: to give evidence in the proceedings.
3: The penalty for an offence against this clause is set out in section 116A
4: The payment of a fine does not release a person from any liability under any other action for failing to comply with the directions of a summons issued under clause 9D
11: In Schedule 1, after clause 13
13A: Suppression orders
1: A Disputes Tribunal may order that any part of any evidence given or the name of any witness not be published.
2: An order may be made subject to any conditions that the adjudicator considers appropriate.
12: In Schedule 1, after clause 16 Practice notes, procedural information, and publication of decisions
17: Practice notes
1: All adjudicators acting together may issue practice notes, to apply to all Disputes Tribunals, as they think fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of the Tribunals, officers of the Tribunals, and parties before the Tribunals.
13: In Schedule 1, after clause 17
18: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of Disputes Tribunals and how to commence a claim:
b: any requirements that must be met to bring a claim:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
14: Amendments to Prisoners’ and Victims’ Claims Act 2005
172: Principal Act
This subpart Prisoners’ and Victims’ Claims Act 2005 principal Act 2018-11-14 Prisoners’ and Victims’ Claims Act 2005 refer s 2(4) OIC LI 2019/224 2019-10-29 Prisoners’ and Victims’ Claims Act 2005 remaining provisions brought into force: [s 178]; refer s 2(1)
173: Section 27 amended (Service of notices)
In section 27(4) delivered to the person on the seventh day after the day on which it was posted served 5 working days after it was posted
174: Section 43 amended (Contravention of orders or directions under section 41)
In section 43(2)﻿(a) $1,000 $3,000
175: Section 45 amended (Other aspects of procedure)
In section 45 and 60, and any practice notes issued under section 60A
176: New section 58A inserted (Orderly and efficient operation)
After section 58
58A: Orderly and efficient operation
A Tribunal is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
177: New section 60A inserted (Practice notes)
After section 60
60A: Practice notes
1: The Chief District Court Judge may issue practice notes as he or she thinks fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of the Tribunals, officers of Tribunals, and parties before Tribunals.
178: New section 60B inserted (Online publication of information about procedures, time frames, and progress of decisions)
After section 60A
60B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunals and how to commence a claim:
b: any requirements that must be met for a claim:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
15: Amendments to Private Security Personnel and Private Investigators Act 2010
179: Principal Act
This subpart Private Security Personnel and Private Investigators Act 2010 principal Act 2018-11-14 Private Security Personnel and Private Investigators Act 2010 refer s 2(4) OIC LI 2019/59 2019-05-01 Private Security Personnel and Private Investigators Act 2010 Sections 181(1), 182(1), 183(1), 187(2), 188, 191(1), 195(2) as per cl 2 of LI 2019/59 OIC LI 2019/224 2019-10-29 Private Security Personnel and Private Investigators Act 2010 remaining provisions brought into force: [ss 197 to 199, 204(2), 206, 207(2), 208, 209(2), 219]; refer s 2(1)
180: Section 4 amended (Interpretation)
1: In section 4 Licensing Authority Authority Licensing Authority Authority Licensing Authorities Authorities Deputy Licensing Authorities
2: In section 4 misconduct disgraceful , wilful, or reckless
3: In section 4 offence of dishonesty 1981 ; and
4: In section 4 offence of dishonesty
c: any offence described in section 127 of the Social Security Act 1964
5: In section 4 unsatisfactory conduct
a: conduct that falls short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent licensee or certificate holder; or
b: conduct that is incompetent or negligent; or
c: conduct that would reasonably be regarded by private security personnel or private investigators of good standing as being unacceptable.
181: Section 24 amended (Application for licence: individual applicant)
1: In section 24(1)﻿(a) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities
2: In section 24(1)﻿(c) prescribed fee (if any)
182: Section 25 amended (Application for licence: company applicant)
1: In section 25(1)﻿(a) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities
2: In section 25(1)﻿(c) prescribed fee (if any)
183: Section 27 amended (Notice of application for licence)
1: In section 27(2) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities
2: In section 27(3) 1 month 20 working days
184: Section 28 amended (Objections by Police to application for licence)
1: In section 28(1)
a: replace 1 month 20 working days
b: delete with the Licensing Authority
2: In section 28(3)
a: replace The Licensing Authority A Licensing Authority
b: replace 7 days 5 working days
c: delete with the Licensing Authority
185: Section 29 amended (Objections by other persons)
1: In section 29(1)
a: replace 1 month 20 working days
b: delete with the Licensing Authority
2: In section 29(5) 7 days 5 working days
186: Section 31 amended (Application determined by oral hearing)
Replace section 31(1) and (2)
1: If a Licensing Authority is to hold an oral hearing of an application for a licence, the Authority must fix a time and place for the hearing, and must give not less than 10 working days' notice of the hearing to—
a: the applicant; and
b: any person who has filed a notice of objection in accordance with section 28 or 29; and
c: if it receives a report on the application from the Complaints, Investigation, and Prosecution Unit, the chief investigator of the unit.
2: If a Licensing Authority receives a report requested under section 26(1)﻿(b) and suspects on the basis of that report that there may be grounds for refusing the application, the Authority must, not later than 10 working days before the date of the hearing, provide the applicant with a statement of the reasons for that suspicion.
187: Section 34 amended (Issue of licence)
1: In section 34(1) If the Licensing Authority If a Licensing Authority
2: In section 34(1) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities
188: Section 40 amended (Persons not to act as officers of licensed company without consent of Licensing Authority)
In section 40(3) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities
189: Section 41 amended (Amendment of licence)
1: In section 41(1) If the Licensing Authority If a Licensing Authority
2: In section 41(3) If the Licensing Authority If a Licensing Authority
190: Section 43 amended (Annual return updating licence and certificate of improvement)
In section 43(5) 7 days 5 working days
191: Section 46 amended (Application for certificate of approval)
1: In section 46(1)﻿(a) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities
2: In section 46(1)﻿(c) prescribed fee (if any)
192: Section 48 amended (Notice of application for certificate of approval)
In section 48(2) 7 days 5 working days
193: Section 49 amended (Objections by Police to application for certificate of approval)
1: In section 49(1)
a: delete with the Licensing Authority
b: replace 7 days 5 working days
2: In section 49(3)
a: replace 7 days 5 working days
b: delete with the Licensing Authority
194: Section 51 amended (Application determined by oral hearing)
In section 51(1) If the Licensing Authority If a Licensing Authority
195: Section 54 amended (Issue of certificate of approval)
1: In section 54(1) If the Licensing Authority If a Licensing Authority
2: In section 54(1) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities
196: Section 58 amended (Amendment of certificate of approval)
1: In section 58(1) If the Licensing Authority If a Licensing Authority
2: In section 58(3) If the Licensing Authority If a Licensing Authority
197: Section 62 amended (Grounds of disqualification for individual applicant)
After section 62(f)
fa: is adjudged bankrupt, makes any assignment for the benefit of his or her creditors, or makes any composition with his or her creditors; or
198: Section 73 amended (Complaint against licensee)
1: Replace section 73(2)
2: A person other than a constable may at any time, with the leave of a Licensing Authority, file a written complaint with that Authority against a licensee.
2: In section 73(4)﻿(d) guilty of unsatisfactory conduct or
3: In section 73(4)﻿(d) in the course of the business to which the licence relates
4: In section 73(6) 7 days 5 working days
199: Section 74 amended (Complaint against certificate holder)
1: Replace section 74(2)
2: A person other than a constable may at any time, with the leave of a Licensing Authority, file a written complaint with that Authority against a certificate holder.
2: In section 74(4)﻿(d) guilty of unsatisfactory conduct or
3: In section 74(4)﻿(d) in the course of being a responsible employee
4: In section 74(6) 7 days 5 working days
200: Section 75 amended (Licensing Authority may refer matter to Police or to Complaints, Investigation, and Prosecution Unit)
Replace section 75(2)
2: In any other case where a Licensing Authority suspects on reasonable grounds that there may be any grounds for complaint against a licensee or certificate holder, the Authority may—
a: send a copy of the complaint to the Commissioner of Police and request the Commissioner to cause a report on the complaint to be prepared by the Police for the Authority; or
b: send a copy of the complaint to the person in charge of the Complaints, Investigation, and Prosecution Unit and request the chief investigator to cause a report on the complaint to be prepared for the Authority.
201: Section 76 amended (Suspension of licence or certificate of approval pending determination of complaint)
Replace section 76(5)
5: As soon as practicable after the notification under subsection (4), a Licensing Authority must give the licensee or certificate holder an opportunity to make representations to the Authority for the revocation of the order.
202: Section 77 amended (Hearing)
1: In section 77(4) If the Licensing Authority If a Licensing Authority
2: After section 77(7)
8: Despite anything in this Act to the contrary, a Licensing Authority may determine a complaint on the papers if he or she considers it appropriate.
9: Before doing so, he or she must give the parties a reasonable opportunity to comment on whether the complaint should be dealt with in that manner.
203: New sections 77A to 77C inserted
After section 77
77A: Procedure
1: A Licensing Authority may regulate his or her procedures as he or she sees fit, subject to—
a: this Act and any regulations made under it; and
b: any practice notes issued under section 96A
2: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if a Licensing Authority considers it appropriate and the necessary facilities are available.
77B: Suppression orders
1: A Licensing Authority may order that any part of any evidence given or the name of any witness not be published.
2: An order may be subject to any conditions that a Licensing Authority considers appropriate.
3: A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000.
77C: Contempt of Licensing Authority
1: A person commits an offence if the person—
a: wilfully insults or obstructs a Licensing Authority, a witness, or an officer of an Authority during a sitting of an Authority or while an Authority, a witness, or an officer is going to, or returning from, a sitting of an Authority; or
b: wilfully insults or obstructs any person in attendance at a sitting of an Authority; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of an Authority; or
d: wilfully and without lawful excuse disobeys any order or direction of an Authority in the course of the hearing of any proceedings.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
3: A Licensing Authority may order the exclusion from a sitting of that Authority of any person whose behaviour, in the opinion of the Authority, constitutes an offence against subsection (1)
204: Section 78 amended (Disciplinary powers of Licensing Authority in respect of licensee)
1: In section 78(1) the Licensing Authority is satisfied a Licensing Authority is satisfied
2: After section 78(1)
1A: If unsatisfactory conduct is proved, a Licensing Authority—
a: must not take action under subsection (1) in relation to that conduct; but
b: may take action under subsection (1B).
1B: If, after a hearing in accordance with section 77, a Licensing Authority is satisfied that unsatisfactory conduct has been proved on the complaint or under section 77(1)﻿(b), as the case may be, the Authority may do all or any of the following things that may be appropriate:
a: order that the licensee undergo training:
b: order that the licensee work under supervision for a period that the Authority specifies in the order:
c: order that the licensee work subject to conditions and for a period that the Authority specifies in the order:
d: reprimand the licensee:
e: order that the licensee apologise to the complainant.
205: Section 79 amended (Mandatory grounds for cancellation of licence)
Replace section 79(1)﻿(a) and (b)
a: a Licensing Authority is satisfied that 1 or more grounds for disqualification under section 62 or 63 apply to the licensee and the Authority is satisfied that, because of this, the licensee is not suitable to hold a licence; or
b: a Licensing Authority is satisfied that the licence was issued by mistake or by reason of fraud on the part of the applicant for the licence.
206: Section 80 amended (Discretionary grounds for cancellation of licence)
After section 80(1)﻿(a)
aa: the Licensing Authority determines that a person specified in subsection (2) is no longer suitable to carry on the class of business to which the licence relates because of the person’s character, circumstances, or background:
207: Section 81 amended (Disciplinary powers of Licensing Authority in respect of holder of certificate of approval)
1: In section 81(1) the Licensing Authority is satisfied a Licensing Authority is satisfied
2: After section 81(1)
1A: If unsatisfactory conduct is proved, a Licensing Authority—
a: must not take action under subsection (1) in relation to that conduct; but
b: may take action under subsection (1B).
1B: If, after a hearing in accordance with section 77, a Licensing Authority is satisfied that unsatisfactory conduct has been proved on the complaint or under section 77(1)﻿(b), as the case may be, the Authority may do all or any of the following things that may be appropriate:
a: order that the certificate holder undergo training:
b: order that the certificate holder work under supervision for a period that the Authority specifies in the order:
c: order that the certificate holder work subject to conditions and for a period that the Authority specifies in the order:
d: reprimand the certificate holder:
e: order that the certificate holder apologise to the complainant.
208: Section 82 amended (Mandatory grounds for cancellation of certificate of approval)
Replace section 82(a)
a: a Licensing Authority is satisfied that 1 or more grounds of disqualification under section 62 apply to the certificate holder and the Authority is satisfied that, because of this, the certificate holder is not suitable to hold a certificate; or
209: Section 83 amended (Discretionary grounds for cancellation of certificate)
1: In section 83 licence certificate of approval
2: After section 83(1)﻿(a)
ab: the Licensing Authority determines that the certificate holder is no longer suitable to carry on the class of business to which the certificate relates because of the person’s character, circumstances, or background:
210: Section 85 amended (Cancelled and suspended licences and certificates of approval must be returned to Licensing Authority)
In section 85(1) 7 days 5 working days
211: Section 87 amended (Private Security Personnel Licensing Authority)
In section 87(1) a person to be the Private Security Personnel Licensing Authority 1 or more persons to be Private Security Personnel Licensing Authorities, and may give the Authorities distinctive designations and change any designation
212: New section 88A inserted (Orderly and efficient operation)
After section 88
88A: Orderly and efficient operation
1: A Licensing Authority is responsible for making any arrangements that are practicable to ensure that he or she and any Deputy Licensing Authority performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
2: If more than 1 Authority is appointed, they must act together in making those arrangements for any Deputy Licensing Authority.
213: Section 89 amended (Qualifications of Licensing Authority)
In section 89(1) may hold office as a
214: Section 90 amended (Term of office of Licensing Authority)
1: In section 90(1)﻿(a) 3 years up to 5 years
2: After section 90(3)
4: A Licensing Authority continues in office despite the expiry of his or her term of office until—
a: the Authority is reappointed; or
b: the Authority’s successor is appointed; or
c: the Authority is notified that a replacement Licensing Authority will not be appointed; or
d: the Authority vacates or is removed from office.
5: A Licensing Authority who continues in office for any period under subsection (4), unless he or she was removed from office, may act as a Licensing Authority during that period for the purpose of—
a: completing any proceedings partly or wholly heard by him or her before the expiry of his or her term of office:
b: hearing any other proceedings.
6: A Licensing Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
215: Section 91 amended (Deputy Private Security Personnel Licensing Authority)
1: Replace section 91(1)﻿(a) and (b)
a: 1 or more of the Licensing Authorities are unable, because of absence (for any reason) of 1 or more of them, to perform the functions of office; or
b: the amount of work to be done by the Licensing Authorities is more than can be reasonably done by the existing Licensing Authorities at that time.
2: In section 91(2) holding office as a
3: In section 91(3) Minister and may be reappointed for further fixed terms
4: After section 91(3)
3A: A Deputy Licensing Authority may at any time resign from office by notice in writing to the responsible Minister.
3B: The Governor-General may, on the recommendation of the responsible Minister, at any time remove a Deputy Licensing Authority for inability to perform the functions of office, bankruptcy, neglect of duty, or misconduct, and the person removed is not entitled to compensation.
3C: A Deputy Licensing Authority continues in office despite the expiry of his or her term of office until—
a: he or she is reappointed; or
b: his or her successor is appointed; or
c: he or she is notified that a replacement Licensing Authority will not be appointed; or
d: he or she vacates or is removed from office.
3D: A Deputy Licensing Authority who continues in office for any period under subsection (3C), unless he or she was removed from office, may act as a Deputy Licensing Authority during that period for the purpose of—
a: completing any proceedings partly or wholly heard by him or her before the expiry of his or her term of office:
b: hearing any other proceedings.
3E: A Deputy Licensing Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
5: Repeal section 91(5)
6: In section 91(7) when acting as a
216: Section 92 amended (Remuneration, and status under certain Acts)
In section 92(1) the Licensing Authority each Licensing Authority
217: Section 93 amended (Licensing Authority to be Commission of Inquiry for certain purposes)
Replace section 93(1)
1: Where under this Act a Licensing Authority has the function of hearing or determining any matter, that Authority has the same powers as are conferred on a Commission of Inquiry by sections 19, 20, 23, 27, 28, and 34 of the Inquiries Act 2013 in respect of an inquiry under that Act.
218: New section 96A inserted (Practice notes)
After section 96
96A: Practice notes
1: All Licensing Authorities acting together may issue practice notes, to apply to all of them, as they think fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of a Deputy Licensing Authority, officers of a Licensing Authority, and parties before a Licensing Authority.
219: New sections 96B and 96C inserted
After section 96A
96B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive:
a: information about the purpose of the Licensing Authorities and how to make an application or a complaint:
b: any requirements that must be met for an application or a complaint:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
96C: Online publication of final written decisions
1: Every final written decision of a Licensing Authority must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 77B
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, a Licensing Authority nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers:
c: an oral decision transcribed by an official transcription service.
220: Section 97 amended (Registers)
1: In section 97(1) The Licensing Authority All Licensing Authorities acting together
2: In section 97(4) The Licensing Authority All Licensing Authorities acting together
221: Section 98 amended (Inspection of registers)
In section 98(1) The Licensing Authority All Licensing Authorities acting together
222: Section 102 amended (Appeals to District Court)
In section 102(2) 28 days 20 working days
223: Section 111 replaced (Lost licences and certificates of approval)
Replace section 111
111: Lost licences and certificates of approval
If a Licensing Authority is satisfied that a holder of a licence or certificate of approval has lost his or her licence or certificate of approval, the Authority may issue to the holder a substitute licence or certificate of approval—
a: on payment of the prescribed fee (if any); and
b: on receipt of a photograph of the holder that, in the opinion of the Authority, complies with the requirements (if any) of any regulations made under this Act.
224: Section 112 amended (Voluntary surrender of licence or certificate of approval)
In section 112(3) 7 days 5 working days
225: Section 114 amended (Regulations)
Repeal section 114(1)﻿(a)
226: New section 114A inserted (Chief executive may approve forms)
After section 114
114A: Chief executive may approve forms
1: The chief executive may approve and issue forms that the chief executive considers necessary for the purposes of this Act, not being forms required to be prescribed by regulations or rules made under this Act.
2: Without limiting subsection (1),—
a: more than 1 form may be approved and issued in relation to the same matter; and
b: a form may be described by any name that the chief executive considers appropriate, even if the form relates to a matter that is described by a different name under this Act, so long as the form refers to the appropriate provision of this Act.
3: Every document purporting to be a form approved and issued by the chief executive under and for the purposes of this Act is deemed to have been so approved and issued unless the chief executive otherwise certifies.
227: Section 117 replaced (Photographs)
Replace section 117
117: Photographs
If under this Act any photograph is to be submitted to a Licensing Authority, the Authority may require that the photograph comply with the requirements of any regulations made under this Act.
228: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 6
16: Amendments to Real Estate Agents Act 2008
229: Principal Act
This subpart Real Estate Agents Act 2008 principal Act 2018-11-14 Real Estate Agents Act 2008 refer s 2(4) OIC LI 2019/224 2019-10-29 Real Estate Agents Act 2008 remaining provisions brought into force: [ss 233(2), 243, 248, 254(6)]; refer s 2(1)
230: Section 24 amended (Payment of fees, levies, and fines)
In section 24(1) the Authority , except fees paid under regulations made under section 156(1)﻿(g), which must be paid to the Ministry of Justice
231: Section 74 amended (Complaints about licensees)
Replace section 74(2)
2: When the Authority receives a complaint under this section, the Authority must—
a: refer the complaint to the Registrar of the register of licensees, who must consider whether to deal with the complaint under subsection (3); and
b: if the Registrar decides not to deal with the complaint under that subsection, refer the complaint to a Committee for determination and notify the person complained about of the reference.
3: The Registrar may determine that—
a: the complaint discloses only an inconsequential matter, and for that reason need not be pursued:
b: the complaint is frivolous or vexatious or not made in good faith, and for that reason need not be pursued:
c: the complaint should be referred to another agency, and refer it accordingly:
d: the complaint has been resolved to the complainant’s satisfaction and no further action is needed.
232: Section 79 amended (Procedure on receipt of complaint)
In section 79(2)﻿(c) and not made in good faith or not made in good faith
233: Section 93 amended (Power of Committee to make orders)
1: In section 93(1)﻿(h) his or her or its
2: After section 93(1)﻿(h)
ha: if the Committee is satisfied that the unsatisfactory conduct involves more than a minor or technical breach of this Act or of any regulations or rules made under this Act, make an order referring the matter to the Disciplinary Tribunal for the Tribunal to consider whether to make a compensation order under section 110(5)
234: Section 100 amended (Real Estate Agents Disciplinary Tribunal established)
1: In section 100(2)﻿(a) chair chairperson
2: In section 100(2)﻿(b) up to 5 at least 3
235: Section 101 amended (Constitution of Tribunal for hearings)
Replace section 101(a)
a: the chairperson of the Tribunal, or, if he or she is absent from duty for any reason, the deputy chairperson of the Tribunal; and
236: Section 102 amended (Functions of Tribunal)
After section 102(d)
e: any other functions conferred by this Act.
237: Section 105 amended (Proceeding before Tribunal)
In section 105(2) and to this Act and any regulations made under this Act , this Act, any regulations made under this Act, and any practice notes issued under section 115A
238: Section 107 amended (Hearings to be in public)
1: Replace the heading to section 107 Hearings
2: After section 107(4), insert:
5: The hearing of a matter, or any part of it, may be conducted by telephone, audiovisual link, or other remote access facility if the chairperson or the Tribunal considers it appropriate and the necessary facilities are available.
239: New section 107A inserted (Hearing on papers)
After section 107
107A: Hearing on papers
1: Despite anything in this Act to the contrary, the Disciplinary Tribunal may determine a proceeding on the papers if the Tribunal considers it appropriate.
2: Before doing so, the Tribunal must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
240: Section 108 amended (Restrictions on publication)
After section 108(3)
4: A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000.
241: Section 109 amended (Evidence)
In section 109(1) matter thing
242: New section 109A inserted (Disciplinary Tribunal may strike out, determine, or adjourn proceeding)
After section 109
109A: Disciplinary Tribunal may strike out, determine, or adjourn proceeding
1: The Disciplinary Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, the Disciplinary Tribunal may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing.
243: Section 110 amended (Determination of charges and orders that may be made if charge proved)
1: In section 110(2)﻿(a) section 93 (except under section 93(1)﻿(ha)
2: In section 110(2)﻿(g) misconduct and the order is one that a court of competent jurisdiction could make in relation to a similar claim in accordance with principles of law
3: Replace section 110(4)
4: If the Disciplinary Tribunal, after hearing any charge against a licensee, is satisfied that, although not guilty of misconduct, he or she has engaged in unsatisfactory conduct, it may do either or both of the following:
a: make any of the orders that a Complaints Assessment Committee may make under section 93 (except under section 93(1)﻿(ha)
b: if it appears to the Tribunal that any person has suffered loss by reason of the licensee’s unsatisfactory conduct, make an order that the licensee pay to that person a sum not exceeding $100,000 by way of compensation, but only if—
i: the unsatisfactory conduct is more than a minor or technical contravention of this Act or of any regulations or rules made under this Act; and
ii: the order is one that a court of competent jurisdiction could make in relation to a similar claim in accordance with principles of law.
5: If a Complaints Assessment Committee refers a matter to the Tribunal under section 93(1)﻿(ha)
6: For the purposes of subsection (5), the Disciplinary Tribunal—
a: must apply, and may not overturn, a Complaints Assessment Committee determination that there was unsatisfactory conduct involving more than a minor or technical contravention of this Act or of any regulations or rules made under this Act; and
b: must apply, and must not overturn, a Complaints Assessment Committee determination of any substantive matter in the case; and
c: has no jurisdiction to inquire into a determination described in paragraph (a) or (b).
244: New section 110A inserted (Costs)
After section 110
110A: Costs
1: In any proceedings under this Act, the Disciplinary Tribunal may make any award as to costs that it thinks fit, whether or not it grants any other remedy.
2: Without limiting the matters that the Disciplinary Tribunal may consider in determining whether to make an award of costs under this section, the Disciplinary Tribunal may take into account whether, and to what extent, any party to the proceedings—
a: has participated in good faith in the proceedings:
b: has facilitated or obstructed the process of information gathering by the Disciplinary Tribunal:
c: has acted in a manner that facilitated the resolution of the issues that were the subject of the proceedings.
3: If a party fails to prosecute any proceedings at the time fixed for a hearing or to give adequate notice of the abandonment of any proceedings, the Disciplinary Tribunal, if it considers it proper to do so, may order the party in default to pay costs to the Crown in a sum that it considers reasonable.
4: A person to whom costs are awarded under this section, but who has not been paid in full, may file a copy of the order in the District Court, where it may be enforced for so much of the amount that is still owing as if it were a judgment of the District Court.
245: Section 111 amended (Appeal to Tribunal against determination by Committee)
1: Replace section 111(1)
1: A person affected by a determination of a Committee may appeal to the Disciplinary Tribunal against the determination within 20 working days after the day on which notice of the relevant decision was given under section 81 or 94, except that no appeal may be made against a determination under section 89(2)﻿(a) that a complaint or an allegation be considered by the Disciplinary Tribunal.
1A: The Disciplinary Tribunal may accept a late appeal no later than 60 working days after the day on which notice was given to the appellant if it is satisfied that exceptional circumstances prevented the appeal from being made in time.
2: After section 111(2)﻿(a)
ab: the prescribed fee, if any; and
246: Section 112 amended (Application to Tribunal to review determination by Registrar)
After section 112(2)﻿(a)
ab: the prescribed fee, if any; and
247: New section 115A inserted (Practice notes)
After section 115
115A: Practice notes
1: The chairperson of the Disciplinary Tribunal may issue practice notes as he or she thinks fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of the members of the Disciplinary Tribunal, officers of the Disciplinary Tribunal, and parties before the Tribunal.
248: New section 115B inserted (Online publication of information about procedures, time frames, and progress of decisions)
After section 115A
115B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Disciplinary Tribunal and how to commence a proceeding:
b: any requirements that must be met to bring a proceeding:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
249: New section 116A inserted (Time for appeal to High Court)
After section 116
116A: Time for appeal to High Court
1: An appeal to the High Court must, subject to subsection (2), be made in the prescribed manner to the court within 20 working days after the day on which notice of the relevant decision is given to the appellant.
2: The court may accept a late appeal no later than 60 working days after the day on which notice was given to the appellant if the court is satisfied that exceptional circumstances prevented the appeal from being made in time.
250: New section 120A inserted (Time for appeal to Court of Appeal)
After section 120
120A: Time for appeal to Court of Appeal
1: An appeal to the Court of Appeal must, subject to subsection (2), be made in the prescribed manner to the court within 20 working days after the day on which notice of the relevant decision is given to the appellant.
2: The court may accept a late appeal no later than 60 working days after the day on which notice was given to the appellant if the court is satisfied that exceptional circumstances prevented the appeal from being made in time.
3: In deciding whether to accept a late appeal, the court must have regard to whether the appellant made a late appeal against the original decision, and the appellant’s reasons for that late appeal.
251: New sections 153A and 153B and cross-heading inserted
After section 153 Offences relating to witness summonses and contempt of Tribunal
153A: Offence to fail to comply with summons
1: A person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to it any document, information, or thing, without sufficient cause—
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; or
c: fails to produce any such document, information, or thing.
2: A person commits an offence who—
a: wilfully obstructs or hinders the Tribunal or any member of it in any inspection or examination of any document, information, or thing; or
b: without sufficient cause, fails to comply with any requirement of the Tribunal.
3: A person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000.
4: No person summoned to attend the hearing may be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there was made to that person a payment or tender of the amount fixed in accordance with clause 7 of Schedule 1.
153B: Contempt of Tribunal
1: A person commits an offence who—
a: wilfully insults or obstructs the Tribunal or any member of it, a witness, or an officer of the Tribunal during a sitting of the Tribunal or while a member, a witness, or an officer is going to, or returning from, a sitting of the Tribunal; or
b: wilfully insults or obstructs any person in attendance at a sitting of the Tribunal; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of the Tribunal; or
d: wilfully and without lawful excuse disobeys any order or direction of the Tribunal in the course of the hearing of any proceedings.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
3: The Tribunal may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in the opinion of the Tribunal, constitutes an offence against subsection (1), whether or not the person is charged with the offence; and any officer of the Tribunal or constable may take any steps that are reasonably necessary to enforce the exclusion.
252: Section 154 amended (Service of notice and documents)
1: After section 154(1)﻿(c)
ca: it is transmitted to an electronic address or a fax number provided by the person; or
2: In section 154(4) given or served on the addressee at the time when the letter would have been delivered in the ordinary course of the post served 5 working days after it was posted
3: After section 154(4)
4A: If a notice or any other communication is served in electronic form under subsection (1)﻿(ca), then, unless the contrary is shown,—
a: the notice or any other communication is served at the time the electronic communication containing the notice or communication first enters an information system outside the control of its originator; and
b: in proving service, it is sufficient to prove that the electronic communication was properly addressed and sent.
4B: In this section, information system
253: Section 156 amended (Regulations)
In section 156(1)﻿(g) Disciplinary Tribunal , or prescribing any fees in relation to the functions of the Disciplinary Tribunal
254: Schedule 1 amended
1: In Schedule 1, clause 2(1) not exceeding 3 years of up to 5 years
2: In Schedule 1, after clause 2(3)
4: A member of the Tribunal who continues in office for any period under subclause (3) may act as a member during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
b: hearing any other proceedings.
5: A member of the Tribunal who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
3: In Schedule 1, after clause 3
3A: Appointment of temporary acting chairperson, deputy chairperson, or member
1: If the chairperson, the deputy chairperson, or a member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson, the deputy chairperson, or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Minister may appoint a suitable person as the acting chairperson, the acting deputy chairperson, or an acting member for the period or purpose stated in the appointment.
2: No person may be appointed as the acting chairperson, the acting deputy chairperson, or an acting member unless he or she is eligible for appointment to the relevant position.
3: The acting chairperson, the acting deputy chairperson, or an acting member is, while acting in that position, to be treated as the chairperson, the deputy chairperson, or a member of the Tribunal.
4: No appointment of an acting chairperson, acting deputy chairperson, or acting member, no act done by an acting chairperson, acting deputy chairperson, or acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
4: In Schedule 1, clause 4 chair chairperson
5: In Schedule 1, clause 6(1) its own initiative or at the request of a party
6: In Schedule 1, clause 6(2) the prescribed form a form approved by the chief executive of the Ministry of Justice after consultation with the chairperson of the Tribunal
7: In Schedule 1, clause 6(2) books, papers, documents, records, or things document, information, or thing
8: In Schedule 1, replace clause 6(3)
3: The power to issue a witness summons may be exercised by the Tribunal, the chairperson, or the deputy chairperson, or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal, the chairperson, or the deputy chairperson.
9: In Schedule 1, clause 9(c) papers, documents, records, or things any document, information, or thing
17: Amendments to Residential Tenancies Act 1986
255: Principal Act
This subpart amends the Residential Tenancies Act 1986 principal Act 2018-11-14 Residential Tenancies Act 1986 refer s 2(4) OIC LI 2019/224 2019-10-29 Residential Tenancies Act 1986 remaining provisions brought into force: [s 258, 262, 266]; refer s 2(1)
256: New section 67A inserted (Appointment of temporary acting Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy Adjudicator)
After section 67
67A: Appointment of temporary acting Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy Adjudicator
1: If the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the joint recommendation of the Minister and the Minister of Justice, may appoint a suitable person as the acting Principal Tenancy Adjudicator, the acting Deputy Principal Tenancy Adjudicator, or an acting Tenancy Adjudicator for the period or purpose stated in the appointment.
2: No person may be appointed as an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator unless he or she is eligible for appointment to the relevant position.
3: An acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator is, while acting in that position, to be treated as the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator.
4: No appointment of an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator, no act done by an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator, and no act done by the Tenancy Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
257: Section 68 amended (Term of office of Tenancy Adjudicators)
1: In section 68(1) shall be appointed for a term not exceeding 3 years must be appointed for a term of up to 5 years
2: After section 68(1)
1A: A person appointed under subsection (1) may be reappointed.
3: Replace section 68(6)
6: A Tenancy Adjudicator who continues in office for any period under subsection (5) may act as an Adjudicator during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
b: hearing any other proceedings.
7: A Tenancy Adjudicator who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
8: In this section, Tenancy Adjudicator
258: New section 71A inserted (Delegation by Principal Tenancy Adjudicator)
After section 71
71A: Delegation by Principal Tenancy Adjudicator
1: The Principal Tenancy Adjudicator may delegate any of his or her functions, duties, and powers to another Tenancy Adjudicator (including the Deputy Principal Tenancy Adjudicator) who holds the qualification described in section 67(2)﻿(a) and who the Principal Tenancy Adjudicator is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers.
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Principal Tenancy Adjudicator.
3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 69(1) for work undertaken in that capacity.
259: Section 88 amended (Functions of Tenancy Mediators)
1: In section 88(5) Tenancy Adjudicator or Registrar
2: In section 88(5A) Tenancy Adjudicator or Registrar
3: In section 88(5A) subsection (6) or (6A)
4: After section 88(6)
6A: Where a Registrar to whom an order has been referred for sealing considers that the order is outside the powers of the Tenancy Mediator to make, the Registrar must, instead of sealing the copy of the order, decline to seal the order and refer the order to a Tenancy Adjudicator for consideration.
6B: If an order is referred to a Tenancy Adjudicator under subsection (6A), he or she must treat the order as if it had been referred directly to him or her under subsection (5).
260: New section 92A inserted (Tribunal may strike out proceeding)
After section 92
92A: Tribunal may strike out proceeding
The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
261: Section 96 amended (Further provisions relating to procedure generally)
1: After section 96(3)
3A: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tenancy Adjudicator conducting the hearing considers it appropriate and the necessary facilities are available.
2: In section 96(5) and to any directions of the Principal Tenancy Adjudicator under section 115
262: Section 98 amended (Witness summons)
After section 98(6)
6A: A witness summons must be in a form approved by the chief executive of the Ministry of Justice after consulting the Principal Tenancy Adjudicator.
263: Section 106 amended (Enforcement of possession orders)
1: In section 106(1) warrant for the recovery of the premises warrant for the recovery of land
2: In section 106(2) section 139(1) section 138(1)
264: New section 111A inserted (Offence of breaching suppression order)
After section 111
111A: Offence of breaching suppression order
A person who breaches an order made under section 95(3) is liable on conviction to a fine not exceeding $3,000.
265: Section 112 amended (Contempt)
1: In section 112(1)﻿(a) assaults,
2: In section 112(1)﻿(b) assaults,
266: New sections 115A and 115B inserted
After section 115
115A: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunal and how to commence a proceeding:
b: any requirements that must be met to bring a proceeding:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
115B: Online publication of final written decisions
1: Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 95(3).
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers.
18: Amendments to Sale and Supply of Alcohol Act 2012
267: Principal Act
This subpart amends the Sale and Supply of Alcohol Act 2012 principal Act 2018-11-14 Sale and Supply of Alcohol Act 2012 refer s 2(4) OIC LI 2019/224 2019-10-29 Sale and Supply of Alcohol Act 2012 remaining provisions brought into force: [ss 272, 273]; refer s 2(1)
268: New sections 179A and 179B inserted
After section 179
179A: Appointment of temporary acting chairperson, deputy chairperson, or member
1: If the chairperson, a deputy chairperson, or a member of the licensing authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson, a deputy chairperson, or a member of the licensing authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting chairperson, an acting deputy chairperson, or an acting member for the period or purpose stated in the appointment.
2: No person may be appointed as the acting chairperson, an acting deputy chairperson, or an acting member unless he or she is eligible for appointment to the relevant position.
3: An acting chairperson, acting deputy chairperson, or acting member is, while acting in the position, to be treated as the chairperson, a deputy chairperson, or a member of the licensing authority.
4: No appointment of an acting chairperson, acting deputy chairperson, or acting member, no act done by an acting chairperson, acting deputy chairperson, or acting member, and no act done by the licensing authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
179B: Orderly and efficient operation
The chairperson of the licensing authority is responsible for making any arrangements that are practicable to ensure that he or she and each member perform their functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
269: Section 181 amended (Term of office of members)
1: In section 181(1) 5 years and may be reappointed for further terms of up to 5 years
2: Replace section 181(2) and (3)
2: A member continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: the member’s successor is appointed; or
c: the member is notified that a replacement member will not be appointed; or
d: the member vacates or is removed from office.
3: A member who continues in office for any period under subsection (2), unless he or she was removed from office, may act as a member during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the licensing authority before the expiry of his or her term of office:
b: hearing any other proceedings.
4: A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
270: Section 202 amended (Procedure)
After section 202(4)
5: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the licensing authority or the chairperson considers it appropriate and the necessary facilities are available.
271: New section 211A inserted (Contempt of licensing authority)
After section 211
211A: Contempt of licensing authority
1: A person commits an offence if the person—
a: wilfully insults or obstructs the licensing authority or any member of it, a witness, or an officer of the licensing authority during a sitting of the licensing authority or while a member, a witness, or an officer is going to, or returning from, a sitting of the licensing authority; or
b: wilfully insults or obstructs any person in attendance at a sitting of the licensing authority; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of the licensing authority; or
d: wilfully and without lawful excuse disobeys any order or direction of the licensing authority in the course of the hearing of any proceedings.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
3: The licensing authority may order the exclusion from a sitting of the licensing authority of any person whose behaviour, in the opinion of the licensing authority, constitutes an offence against subsection (1), whether or not the person is charged with the offence; and any officer of the licensing authority or constable may take any steps that are reasonably necessary to enforce the exclusion.
272: Section 280 amended (Variation, suspension, or cancellation of licences other than special licences)
Replace section 280(2)﻿(a)
a: be in a form approved by the chief executive after consultation with the chairperson of the licensing authority and be made in the prescribed manner; and
273: Section 285 amended (Suspension or cancellation of manager’s certificates)
Replace section 285(2)﻿(a)
a: be in a form approved by the chief executive after consultation with the chairperson of the licensing authority and be made in the prescribed manner; and
19: Amendments to Secondhand Dealers and Pawnbrokers Act 2004
274: Principal Act
This subpart amends the Secondhand Dealers and Pawnbrokers Act 2004 principal Act 2018-11-14 Secondhand Dealers and Pawnbrokers Act 2004 refer s 2(4) OIC LI 2019/224 2019-10-29 Secondhand Dealers and Pawnbrokers Act 2004 remaining provisions brought into force: [ss 276(1) and (4), 277, 279 to 283, 288, 289, 299]; refer s 2(1)
275: Section 4 amended (Interpretation)
In section 4 Licensing Authority Licensing Authority Authority Licensing Authorities Authorities Deputy Licensing Authorities
276: Section 8 amended (Application for licence)
1: In section 8(2)﻿(a) Licensing Authority chief executive of the Ministry of Justice after consultation with all Licensing Authorities
2: Repeal section 8(2)﻿(b)
3: In section 8(2)﻿(c) the any
4: In section 8(3) 2 photographs a photograph
277: Section 10 amended (Issue of licence: company applicant)
After section 10(4)
5: Despite subsection (3)﻿(a), if the relevant conviction is for a minor offence, a Licensing Authority may waive the company’s disqualification and issue a licence to the company if the Authority is satisfied, on the basis of written material before him or her, that there are special reasons why the company should not be disqualified taking into account—
a: the character, circumstances, and background of every person concerned in the management of the company; and
b: the nature of the offence.
6: In this section, minor offence
278: Section 15 amended (Expiry and renewal of licences)
In section 15(6) to the Licensing Authority to a Licensing Authority
279: Section 16 amended (Cancellation of licences)
1: In the heading to section 16 Cancellation or suspension
2: In section 16(1) must cancel or suspend
3: After section 16(3)
3A: If a Licensing Authority suspends a certificate,—
a: the suspension must be for an initial fixed period of not more than 3 months; and
b: at the end of that period, the Authority must, if, following the final determination of the complaint, he or she thinks it is appropriate,—
i: extend the suspension for a further period specified by the Authority; or
ii: lift the suspension; or
iii: cancel the certificate.
4: In section 16(4)
a: after A cancellation or suspension
b: after the cancellation or suspension
280: Section 17 amended (Updating licence information)
After section 17(1)
1A: The advice must be—
a: in a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities; and
b: accompanied by any prescribed fee.
281: Section 21 amended (Application for certificate)
1: Replace section 21(1)﻿(a)
a: be made to a Licensing Authority on a form approved by the chief executive of the Ministry of Justice after consultation with all Licensing Authorities; and
2: In section 21(1)﻿(b) 2 photographs a photograph
3: Repeal section 21(1)﻿(c)
4: In section 21(1)﻿(d) the any
5: In section 21(2) The form approved by the Licensing Authority The approved form
282: Section 23 amended (Waiver of disqualification)
1: Replace section 23(1)﻿(c)
c: 1 or both of the following apply to the disqualification:
i: the disqualification is on the ground set out in section 22(a) and the relevant conviction is for a minor offence:
ii: the disqualification is on 1 or more of the grounds set out in section 22(b) to (h); and
2: Replace section 23(1)﻿(d)
d: the Licensing Authority is satisfied, on the basis of written material before him or her, that there are special reasons why the person should not be disqualified from holding a certificate taking into account—
i: the person’s character, circumstances, and background; and
ii: the nature of any offence relevant to the person’s disqualification.
3: In section 23(2) or the cancellation of a licence or the cancellation or suspension of a licence
4: After section 23(4)
5: In this section, minor offence
283: Section 26 amended (What happens if Police object to applicant)
1: In section 26(1)﻿(a)﻿(i) the prescribed fee (if any) any prescribed fee
2: In section 26(1)﻿(a)﻿(ii) and (b) 3 weeks 15 working days
3: In section 26(1)﻿(b) make written submissions to the Licensing Authority make written submissions to a Licensing Authority
4: In section 26(2)﻿(b) 14 days’ 10 working days’
5: Replace section 26(3)
3: If an applicant sends written submissions to a Licensing Authority, or if a Licensing Authority has not heard from the applicant within 15 working days of the date on which the notice of objection was sent, the Authority must, on the basis of the written material before him or her, determine whether to uphold or dismiss the Police objection.
6: After section 26(3)
4: If the applicant is not disqualified from holding a certificate and does not request a hearing in person, a Licensing Authority may require the applicant to attend a hearing in person.
5: If a Licensing Authority requires a hearing in person, it must—
a: arrange a time and place for the hearing under section 27; and
b: give the Commissioner of Police and the applicant at least 10 working days’ written notice of the hearing.
284: Section 30 amended (Expiry and renewal of certificates)
In section 30(6) to the Licensing Authority to a Licensing Authority
285: Section 31 amended (Cancellation and suspension of certificates)
In section 31(3) If the Licensing Authority If a Licensing Authority
286: Section 34 amended (Appeals against decision of Licensing Authority)
In section 34(4) 20 days 16 working days
287: Section 39 amended (Obligation to report and hold stolen goods)
1: In section 39(1)﻿(b) 14 days 10 working days
2: In section 39(4) 14 days 10 working days
288: Section 42 amended (Dealers record)
1: After section 42(3)
3A: The dealers record must show the following information with respect to any functioning motor vehicle acquired by a licensed secondhand dealer in the course of business as a secondhand dealer:
a: the identity of the person from whom the vehicle is acquired, which must include the matters set out in subsection (2)﻿(a):
b: the name and signature of the person who conducted the transaction on behalf of the licensed secondhand dealer:
c: the date of the transaction:
d: the vehicle’s vehicle identification number (VIN) or chassis number:
e: the vehicle’s registration number, if available:
f: any other prescribed information.
2: After section 42(5)
6: In this section, functioning motor vehicle
a: a motor vehicle that will function if minor repairs are made to it, including the replacement or addition of a part:
b: a motor vehicle that does not comply with any legal requirement that must be met for it to operate on the road.
289: Section 44 amended (Storage of dealers record)
In section 44(2) article or scrap metal article, scrap metal, or functioning motor vehicle
290: Section 47 amended (Articles to be kept for 14 days)
1: In the heading to section 47 14 days 10 working days
2: In section 47(1) 14 days 10 working days
3: In section 47(2) 14 days 10 working days
4: In section 47(3) 14 days 10 working days
291: Section 70 amended (Appointment of Licensing Authority)
1: In section 70(1) a Licensing Authority 1 or more persons to be Licensing Authorities, and may give the Authorities distinctive designations and from time to time change any designation
2: In section 70(2)﻿(a) a fixed term of 3 years or less a term of up to 5 years
3: In section 70(2)﻿(b) any number of times for further terms of up to 5 years
4: In section 70(2)﻿(c) is appointed or he or she is advised that a replacement Authority will not be appointed
5: After section 70(4)
5: A Licensing Authority who continues in office for any period under subsection (2)﻿(c) may act as an Authority during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Authority before the expiry of his or her term of office:
b: hearing any other proceedings.
6: A Licensing Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
292: Section 71 amended (Deputy Licensing Authorities)
1: Replace section 71(1)﻿(a) and (b)
a: 1 or more of the Licensing Authorities are unable, because of the absence (for any reason) of 1 or more of them, to perform the functions of office; or
b: the amount of work to be done by the Licensing Authorities is more than can be reasonably done by the existing Authorities at that time.
2: Repeal section 71(2)
3: After section 71(2)
2A: A Deputy Licensing Authority—
a: must be appointed for a term of up to 5 years; and
b: may be reappointed for further terms of up to 5 years; and
c: remains in office, despite the expiry of his or her term of office, until a successor is appointed or he or she is advised that a replacement Deputy Licensing Authority will not be appointed.
2B: A Deputy Licensing Authority may resign from office by notice in writing to the Minister of Justice.
2C: The Minister of Justice may, at any time, remove a Deputy Licensing Authority for inability to perform the functions of office, bankruptcy, neglect of duty, or misconduct, and the person removed from office is not entitled to compensation.
2D: A Deputy Licensing Authority who continues in office for any period under subsection (2A)﻿(c) may act as an Authority during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Authority before the expiry of his or her term of office:
b: hearing any other proceedings.
2E: A Deputy Licensing Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
293: Section 72 amended (Remuneration, and status under certain Acts)
Replace section 72(1)
1: All Licensing Authorities and any Deputy Licensing Authority must be paid fees and expenses in accordance with the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies, as if each Licensing Authority were the chairperson of a statutory body and any Deputy Licensing Authority were a member of that body.
294: New sections 74A and 74B inserted
After section 74
74A: Orderly and efficient operation
1: A Licensing Authority is responsible for making such arrangements as are practicable to ensure that he or she and any Deputy Licensing Authority performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
2: If more than 1 Licensing Authority is appointed, they must act together in making those arrangements for any Deputy Licensing Authority.
74B: Contempt of Licensing Authority
1: A person commits an offence if the person—
a: wilfully insults or obstructs a Licensing Authority or any witness or officer of a Licensing Authority during a sitting of a Licensing Authority or while a Licensing Authority, a witness, or an officer is going to, or returning from, a sitting of a Licensing Authority; or
b: wilfully insults or obstructs any person in attendance at a sitting of a Licensing Authority; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of a Licensing Authority; or
d: wilfully and without lawful excuse disobeys any order or direction of a Licensing Authority in the course of the hearing of any proceedings.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
3: A Licensing Authority may order the exclusion from a sitting of that Authority of any person whose behaviour, in the opinion of the Licensing Authority, constitutes an offence against subsection (1), whether or not the person is charged with the offence, and any officer of a Licensing Authority or constable may take any steps that are reasonably necessary to enforce the exclusion.
295: Section 75 replaced (Administrative support for Licensing Authority)
Replace section 75
75: Administrative support for Licensing Authorities
The responsible Minister must ensure that the department that is authorised to provide administrative support to the Licensing Authorities provides that support in a manner that enables each Authority to exercise or perform his or her powers, duties, and functions efficiently and effectively.
296: New sections 76A to 76C inserted
After section 76
76A: Procedure
1: A Licensing Authority may regulate his or her procedures as he or she sees fit, subject to this Act, any regulations made under it, and any practice notes issued under section 77A
2: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if a Licensing Authority considers it appropriate and the necessary facilities are available.
76B: Hearing on papers
1: Despite anything in this Act to the contrary, a Licensing Authority may determine a proceeding on the papers if he or she considers it appropriate.
2: Before doing so, the Licensing Authority must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
76C: Suppression orders
1: A Licensing Authority may order that any part of any evidence given or the name of any witness not be published.
2: An order may be subject to any conditions that the Licensing Authority considers appropriate.
3: A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000.
297: Section 77 replaced (Annual report)
Replace section 77
77: Annual report
1: Within 3 months after the end of every financial year, all Licensing Authorities acting together must prepare and send to the Minister of Justice a report on the activities of the Authorities during the previous financial year that contains the prescribed matters.
2: The Minister of Justice must present a copy of the report to the House of Representatives within 20 sitting days after the date on which the Minister receives it.
298: New section 77A inserted (Practice notes)
After section 77
77A: Practice notes
1: All Licensing Authorities acting together may issue practice notes, to apply to all of them, as they think fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of a Deputy Licensing Authority, officers of a Licensing Authority, and parties before a Licensing Authority.
299: New sections 77B and 77C inserted
After section 77A
77B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Licensing Authorities and how to make an application or a complaint:
b: any requirements that must be met for an application or a complaint:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
77C: Online publication of final written decisions
1: Every final written decision of a Licensing Authority must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 76C
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, a Licensing Authority nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers:
c: an oral decision transcribed by an official transcription service.
300: Section 78 replaced (Public registers of licence holders and of certificate holders)
Replace section 78
78: Public registers of licence holders and certificate holders
1: The Licensing Authorities acting together must establish, and must maintain with up-to-date information, the following 2 registers as public registers:
a: a licence holders register:
b: a certificate holders register.
2: The Licensing Authorities acting together must determine the form of the registers, and may amend the form from time to time as they consider necessary, providing that the content of the registers is as set out in sections 79 and 80.
301: Section 81 amended (Public access to public registers)
In section 81 The Licensing Authority All Licensing Authorities acting together
302: Section 82 amended (Police access to other information held by Licensing Authority)
In section 82 from the Licensing Authority, the Licensing Authority from any Licensing Authority, the relevant Licensing Authority
303: Section 84 amended (Regulations)
Replace section 84(f) and (g)
f: prescribing the matters for which fees are payable under this Act and the amount of those fees:
fa: providing for the exemption from fees, in whole or in part:
g: prescribing the size or form of the photograph that is required to accompany an application, and prescribing the manner in which it is to be authenticated:
304: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 7
20: Amendments to Social Security Act 2018
305: Principal Act
This subpart amends the Social Security Act 2018 principal Act 2018-11-26 Social Security Act 2018 refer s 2(3) OIC LI 2019/224 2019-10-29 Social Security Act 2018 remaining provisions brought into force: [ss 307(2), 309(10)]; refer s 2(1)
306: Section 400 amended (Appeal must be begun within 3 months of notification or further allowed period)
1: In the heading to section 400 3 months 60 working days
2: In section 400(1)﻿(a) 3 months 60 working days
3: In section 400(3)﻿(a) and (b) that 3-month period the period of 60 working days
307: Section 403 amended (How to begin, and procedure and powers for, appeal to authority)
1: In section 403(b) or those regulations, or practice notes issued under clause 10D of Schedule 8
2: In section 403
2: Forms for use in the authority may be approved by the chief executive of the Ministry of Justice after consulting the chairperson of the authority.
308: Section 406 amended (Appeal must be begun, and case stated lodged, within time prescribed or allowed)
1: In section 406(1)﻿(a) and (2)﻿(a) 14 days 10 working days
2: In section 406(2)﻿(b), (3), and (5) chairperson or deputy chairperson
3: In section 406(3)﻿(a) and (b) that 14-day period the period of 10 working days
309: Schedule 8 amended
1: In Schedule 8, clause 1(2) 3 persons at least 4 persons
2: In Schedule 8, clause 1(3) chairperson and another member as the authority’s deputy chairperson
3: In Schedule 8 clause 1(3)
4: The deputy chairperson, when acting as the chairperson, has the same responsibilities as the chairperson.
5: The chairperson may delegate a responsibility or function of the chairperson to the deputy chairperson.
4: In Schedule 8, clause 2(1)﻿(a) not exceeding 3 years of up to 5 years
5: In Schedule 8 clause 2(2)
2: A member continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: the member’s successor is appointed; or
c: the member is notified that a replacement member will not be appointed; or
d: the member vacates or is removed from office.
3: A member who continues in office for any period under subclause (2), unless he or she was removed from office, may act as a member during that period for the purpose of—
a: completing any appeal partly or wholly heard by the authority before the expiry of the member’s term of office:
b: hearing any other appeal.
4: A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any appeal that is partly or wholly heard.
6: In Schedule 8 clause 5
5: Appointment of temporary acting chairperson, deputy chairperson, or member
1: If the chairperson, the deputy chairperson, or a member becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson, the deputy chairperson, or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister after consultation with the Minister of Justice, may appoint a suitable person as the acting chairperson, the acting deputy chairperson, or an acting member for the period or purpose stated in the appointment.
2: No person may be appointed as the acting chairperson, the acting deputy chairperson, or an acting member unless he or she is eligible for appointment to the relevant position.
3: The acting chairperson, acting deputy chairperson, or acting member is, while acting in that position, to be treated as the chairperson, deputy chairperson, or member of the authority.
4: No appointment of an acting chairperson, acting deputy chairperson, or acting member, no act done by an acting chairperson, acting deputy chairperson, or acting member, and no act done by the authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
5A: Orderly and efficient operation
The chairperson of the authority is responsible for making any arrangements as are practicable to ensure that he or she and each member perform their functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
7: In Schedule 8, clause 9(2) the chairperson or deputy chairperson
8: In Schedule 8, clause 9(4) chairperson’s or deputy chairperson’s
9: In Schedule 8 clause 10
10A: Hearing on papers
1: Despite anything in this Act to the contrary, the authority may determine an appeal on the papers if the authority considers it appropriate.
2: Before doing so, the authority must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
10B: Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the authority or the chairperson or deputy chairperson considers it appropriate and the necessary facilities are available.
10C: Authority may strike out, determine, or adjourn appeal
1: The authority may strike out, in whole or in part, an appeal if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of an appeal, the authority may,—
a: if the party is required to be present, strike out the appeal; or
b: determine the appeal in the absence of the party; or
c: adjourn the hearing.
10D: Practice notes
1: The authority’s chairperson may issue practice notes as he or she thinks fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of other members of the authority, officers of the authority, and parties before the authority.
10: In Schedule 8 clause 11
10E: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the authority and how to commence an appeal:
b: any requirements that must be met for an appeal:
c: guidelines on how and when parties may obtain information.
11: In Schedule 8, clause 11(4) $100 $3,000
12: In Schedule 8 clause 12
13: Contempt of authority
1: A person commits an offence if the person—
a: wilfully insults or obstructs the authority or any member of it, a witness, or an officer of the authority during a sitting of the authority or while a member, a witness, or an officer is going to, or returning from, a sitting of the authority; or
b: wilfully insults or obstructs any person in attendance at a sitting of the authority; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of the authority; or
d: wilfully and without lawful excuse disobeys any order or direction of the authority in the course of the hearing of any appeal.
2: A person who commits an offence against subclause (1) is liable on conviction to a fine not exceeding $1,000.
3: The authority may order the exclusion from a sitting of the authority of any person whose behaviour, in the opinion of the authority, constitutes an offence against subclause (1), whether or not the person is charged with the offence; and any officer of the authority or constable may take any steps that are reasonably necessary to enforce the exclusion.
21: Amendments to Taxation Review Authorities Act 1994
310: Principal Act
This subpart amends the Taxation Review Authorities Act 1994 principal Act 2018-11-14 Taxation Review Authorities Act 1994 refer s 2(4) OIC LI 2019/224 2019-10-29 Taxation Review Authorities Act 1994 remaining provisions brought into force: [s 321]; refer s 2(1)
311: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in the Schedule have effect according to their terms.
312: New section 5A inserted (Appointment of temporary acting Authority)
After section 5
5A: Appointment of temporary acting Authority
1: If an Authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an Authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister of Justice, may appoint a suitable person as an acting Authority for the period or purpose stated in the appointment.
2: No person may be appointed as an acting Authority unless he or she is eligible for appointment as an Authority.
3: An acting Authority is, while acting in that position, to be treated as an Authority.
4: No appointment of an acting Authority and no act done by an acting Authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
313: Section 6 amended (Term of office of an Authority)
1: In section 6(1) shall be appointed for such term, not exceeding 7 years must be appointed for a term of up to 5 years
2: Repeal section 6(2)
3: Replace section 6(4)
4: An Authority continues in office despite the expiry of his or her term of office until—
a: the Authority is reappointed; or
b: the Authority’s successor is appointed; or
c: the Authority is notified that a replacement Authority will not be appointed; or
d: the Authority vacates or is removed from office.
5: An Authority who continues in office for any period under subsection (4), unless he or she was removed from office, may act as an Authority during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Authority before the expiry of his or her term of office:
b: hearing any other proceedings:
c: stating a case for the High Court from a decision given by the Authority.
6: An Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
314: New section 13AB inserted (Orderly and efficient operation)
After section 13A
13AB: Orderly and efficient operation
1: An Authority is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
2: The Ministry of Justice must provide the resources and administrative support necessary to enable the Authorities to perform their functions.
315: Section 16 amended (Hearing of proceedings)
In section 16(1) subject to those provisions and any practice notes issued under section 25B
316: New sections 20A and 20B inserted
After section 20
20A: Hearing on papers
1: Despite anything in this Act to the contrary, an Authority may determine a proceeding on the papers if he or she considers it appropriate.
2: Before doing so, the Authority must give the parties an opportunity to comment on whether the proceeding should be dealt with in that manner.
20B: Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if an Authority considers it appropriate and the necessary facilities are available.
317: New section 21A inserted (Authority may strike out, determine, or adjourn proceeding)
After section 21
21A: Authority may strike out, determine, or adjourn proceeding
1: An Authority may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, an Authority may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing.
318: Section 22 amended (Power to order costs in certain cases)
Replace section 22(1)﻿(b)
b: an Authority strikes out a proceeding under sections 21 and 21A
319: Section 25 amended (Decision of an Authority)
In section 25(1) shall give its decision in writing must give its decision in writing and state the reasons for the decision
320: New sections 25A and 25A inserted
After section 25
25A: Contempt of Authority
1: A person commits an offence if the person—
a: wilfully insults or obstructs an Authority or any witness or officer of an Authority during a sitting of an Authority or while an Authority, a witness, or an officer is going to, or returning from, a sitting of an Authority; or
b: wilfully insults or obstructs any person in attendance at a sitting of an Authority; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of an Authority; or
d: wilfully and without lawful excuse disobeys any order or direction of an Authority in the course of the hearing of any proceedings.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
3: An Authority may order the exclusion from a sitting of that Authority of any person whose behaviour, in the opinion of the Authority, constitutes an offence against subsection (1), whether or not the person is charged with the offence, and any officer of the Authority or constable may take any steps that are reasonably necessary to enforce the exclusion.
25B: Practice notes
1: All Authorities acting together may issue practice notes, to apply to all of them, as they think fit.
2: The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of an Authority, officers of an Authority, and parties before an Authority.
321: New section 25C inserted (Online publication of information about procedures, time frames, and progress of decisions)
After section 25B
25C: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Authorities and how to commence a proceeding:
b: any requirements that must be met to bring a proceeding:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
322: New Schedule inserted
After section 31 Schedule Schedule 5
22: Amendments to Weathertight Homes Resolution Services Act 2006
323: Principal Act
This subpart Weathertight Homes Resolution Services Act 2006 principal Act 2018-11-14 Weathertight Homes Resolution Services Act 2006 refer s 2(4) OIC LI 2019/224 2019-10-29 Weathertight Homes Resolution Services Act 2006 remaining provisions brought into force: [ss 324, 325, 328, 332, 337(4)]; refer s 2(1)
324: Section 27 amended (How addition under section 26(1) or (2) effected)
In section 27(2)﻿(a) the purpose by the chief executive of the Ministry after consultation with
325: Section 62 amended (How to initiate adjudication)
In section 62(1) the purpose by the chief executive of the Ministry after consultation with
326: New section 103A inserted (Appointment of temporary acting chair or member)
After section 103
103A: Appointment of temporary acting chair or member
1: If the chair or a member of the tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chair or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister of Justice made after consultation with the Minister, may appoint a suitable person as an acting chair or acting member for the period or purpose stated in the appointment.
2: Before making a recommendation, the Minister of Justice must consult with the Minister.
3: No person may be appointed as an acting chair or acting member unless he or she is eligible for appointment to the relevant position.
4: An acting chair or acting member is, while acting in the position, to be treated as the chair or a member of the tribunal.
5: No appointment of an acting chair or acting member, no act done by an acting chair or acting member, and no act done by the tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
327: New section 106A inserted (Orderly and efficient operation)
After section 106
106A: Orderly and efficient operation
The chair of the tribunal is responsible for making such arrangements as are practicable to ensure that he or she and each member performs his or her functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act.
328: Section 107 amended (Chair may delegate duties)
In section 107(1)﻿(a), (c), and (k) approval of consultation about
329: New section 109AA inserted (Procedure)
Before section 109
109AA: Procedure
The tribunal may regulate its procedures as it sees fit, subject to this Act and any regulations made under it and any practice directions made under section 114.
330: New section 109A inserted (Tribunal may strike out, determine, or adjourn proceeding)
After section 109
109A: Tribunal may strike out, determine, or adjourn proceeding
1: The tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, the tribunal may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing.
331: Section 114 amended (Practice directions)
In section 114 The chair For the purpose of guiding the members and officers of the tribunal, and parties before the tribunal, the chair
332: New sections 114A and 114B inserted
After section 114
114A: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the tribunal and how to commence a proceeding:
b: any requirements that must be met to bring a proceeding:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
114B: Online publication of final written decisions
1: Every final written decision of the tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 69(3) and clause 14 of Schedule 3.
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, the tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers.
333: Section 115 amended (Offences)
1: In section 115(a) assaults,
2: In section 115(a) or any officer or any witness or officer
334: New section 115A inserted (Offence of breaching suppression order)
After section 115
115A: Offence of breaching suppression order
A person who breaches an order made under section 69(3) or clause 14 of Schedule 3 is liable on conviction to a fine not exceeding $3,000.
335: Section 116 amended (Person in contempt of tribunal may be excluded from proceedings)
In section 116(1) police or an officer of the tribunal
336: Section 117 amended (Service of notices)
1: After section 117(c)
ca: the notice or document is sent electronically; or
2: In section 117
2: The notice or other document is treated as having been served, under subsection (1)﻿(c), 5 working days after it was posted if it is proved that it was addressed to the recipient at the recipient’s address for service and dispatched by post.
3: If a notice or any other document is served in electronic form under subsection (1)﻿(ca), then, unless the contrary is shown,—
a: the notice or other document is served at the time the electronic communication containing the notice or document first enters an information system outside the control of its originator; and
b: in proving service, it is sufficient to prove that the electronic communication was properly addressed and sent.
4: In this section, information system
337: Schedule 3 amended
1: In Schedule 3, clause 2(1)﻿(a) not exceeding 3 years of up to 5 years
2: In Schedule 3, after clause 2(2)
3: A member continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: the member’s successor is appointed; or
c: the member is notified that a replacement member will not be appointed; or
d: the member vacates or is removed from office.
4: A member who continues in office for any period under subclause (3), unless he or she was removed from office, may act as a member during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the tribunal before the expiry of his or her term of office:
b: hearing any other proceedings.
5: A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
3: In Schedule 3, replace clause 9(1)
1: For the purposes of any matter before the tribunal, the tribunal may, on its own initiative or at the request of a party, issue a summons to any person requiring that person to attend before the tribunal and give evidence.
1A: The power to issue a witness summons may be exercised by the tribunal or the chair, or by any officer of the tribunal purporting to act by the direction or with the authority of the tribunal or the chair.
4: In Schedule 3, clause 9(3) the purpose by the chief executive of the Ministry of Justice after consultation with
5: In Schedule 3, replace clause 11
11: Power to take evidence on oath or by other means
1: The tribunal may take evidence on oath or affirmation and, for that purpose, the tribunal or any other person acting under the express or implied direction of the tribunal may administer the oath.
2: The tribunal may require that any documents or information be verified by oath or affirmation, statutory declaration, affidavit, or another means.
3: On any charge of perjury, it is sufficient to prove that the oath or affirmation was administered, or the documents or information were verified, in accordance with this clause.
2: Repeal, revocation, and amendment of enactments
338: Repeal of Birdlings Flat Land Titles Act 1993
The Birdlings Flat Land Titles Act 1993 2018-11-14 Birdlings Flat Land Titles Act 1993 refer s 2(4)
339: Amendment to Residential Tenancies Rules 2010
In rule 7(2)﻿(d) and (5) Tenancy Adjudicator or Registrar 2018-11-14 Residential Tenancies Rules 2010 refer s 2(4)
340: Revocation and amendment of enactments
1: The legislative instrument specified in Part 1 of Schedule 8
2: Amend the Acts specified in Part 2 of Schedule 8
3: Amend the legislative instruments specified in Part 3 of Schedule 8 OIC LI 2019/224 2019-10-29 Consumer Guarantees Act 1993 Contract and Commercial Law Act 2017 Credit Contracts and Consumer Finance Act 2003 Fair Trading Act 1986 Fencing Act 1978 Retirement Villages Act 2003 Copyright (Infringing File Sharing) Regulations 2011 Customs and Excise Regulations 1996 Disputes Tribunal Rules 1989 Human Rights Regulations 1993 Human Rights Review Tribunal Regulations 2002 Immigration and Protection Tribunal Regulations 2010 Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008 Lawyers and Conveyancers Act (Legal Complaints Review Officer) Form and Fee Regulations 2008 Motor Vehicle Sales Regulations 2003 Real Estate Agents (Complaints and Discipline) Regulations 2009 Sale and Supply of Alcohol Regulations 2013 Secondhand Dealers and Pawnbrokers Regulations 2005 Taxation Review Authorities Regulations 1998 remaining provisions brought into force: [ss 340(2) and 340(3)]; refer s 2(1) OIC LI 2019/59 2019-05-01 Private Security Personnel and Private Investigators (Forms) Regulations 2011