Statutes Amendment Act 2018

1: Title
This Act is the Statutes Amendment Act 2018.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Animal Welfare Act 1999
3: Principal Act
This Part Animal Welfare Act 1999 principal Act 2018-09-08 Animal Welfare Act 1999
4: Section 36 amended (Obligations relating to traps)
Replace section 36(1)
1: A person who, for the purpose of capturing alive a mammal, bird, reptile, or amphibian, sets a trap or causes a trap to be set must—
a: manually inspect that trap, or cause a competent person to manually inspect that trap, within 12 hours after sunrise on each day the trap remains set, beginning on the day immediately after the day on which the trap is set; or
b: manually inspect that trap, or cause a competent person to manually inspect that trap, within 24 hours after the capture of an animal in the trap, but this paragraph applies only if—
i: the person monitors the trap with an electronic monitoring system (such as a system of capture sensors and a wireless communication network) that is maintained by the person and that is reliable; and
ii: the monitoring system operates in such a way that it promptly communicates the fact that an animal has been captured in the trap and enables the person to meet the person’s obligations under subsection (2) within that 24-hour period.
2: Anti-Money Laundering and Countering Financing of Terrorism Act 2009
5: Principal Act
This Part Anti-Money Laundering and Countering Financing of Terrorism Act 2009 principal Act 2018-09-08 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
6: Section 56 amended (Reporting entity must have AML/CFT programme and AML/CFT compliance officer)
After section 56(4)
5: Despite subsections (2) to (4), if a reporting entity is a partnership,—
a: the partnership may designate one of the partners as an AML/CFT compliance officer to administer and maintain its AML/CFT programme, irrespective of whether the partnership has or does not have employees; and
b: the partner so designated must report to another partner designated for the purpose of receiving those reports by the partnership.
7: Section 90 amended (Pecuniary penalties for civil liability act)
1: In section 90(2)﻿(b) body corporate or partnership
2: In section 90(3)﻿(b) body corporate or partnership
8: Section 100 amended (Penalties)
In section 100(b) body corporate or partnership
9: Section 105 amended (Penalties)
1: In section 105(1)﻿(b) body corporate or partnership
2: In section 105(2)﻿(b) body corporate or partnership
10: Section 112 amended (Penalties)
In section 112(b) body corporate or partnership
3: Biosecurity Act 1993
11: Principal Act
This Part amends the Biosecurity Act 1993 principal Act 2018-09-08 Biosecurity Act 1993
12: Section 2 amended (Interpretation)
In section 2(1) unauthorised goods
a: uncleared goods in a place that is not a transitional facility, biosecurity control area, or containment facility (other than goods that, in accordance with the authority of an inspector, are—
i: proceeding from a transitional facility, biosecurity control area, or containment facility to a transitional facility, biosecurity control area, or containment facility; or
ii: being exported from New Zealand); or
b: uncleared goods that—
i: are in a transitional facility, biosecurity control area, or containment facility; and
ii: have proceeded there, other than in accordance with the authority of an inspector, from a transitional facility, biosecurity control area, or containment facility; and
iii: have not received the authority of an inspector to remain there; or
13: Section 7 amended (Relationship with other enactments)
In section 7(2) Fisheries Act 1983, the Fisheries Act 1996,
14: Section 24B amended (Amendment, revocation, suspension, and reinstatement)
1: In section 24B General suspension
2: After section 24B(5) Partial suspension
5A: Subsections (5B) to (5D)
5B: The officer may, in accordance with subsection (5D)
a: goods of a specified class or description; or
b: goods of a specified class or description imported from—
i: a specified country or countries; or
ii: countries of a specified class or description; or
iii: a specified location or locations; or
iv: all countries.
5C: After receiving the officer’s recommendation, the Director-General may suspend the standard in relation to those goods.
5D: The officer must not recommend the suspension of the standard in relation to all goods covered by the standard.
3: In section 24B Reinstatement after general suspension
4: After section 24B(8) Reinstatement after partial suspension
9: Subsections (10) and (11)
10: The officer may recommend to the Director-General the reinstatement of the standard in relation to those goods.
11: After receiving the officer’s recommendation, the Director-General may reinstate the standard in relation to those goods.
15: Section 25 amended (Goods to be cleared for entry into New Zealand)
1: In section 25(2) transitional facility or biosecurity control area transitional facility, biosecurity control area, or containment facility
2: In section 25(3) transitional facility or biosecurity control area transitional facility, biosecurity control area, or containment facility
3: Replace section 25(4)
4: Uncleared goods that are in a transitional facility, biosecurity control area, or containment facility may leave the facility or area if an inspector authorises their movement to a transitional facility, biosecurity control area, or containment facility.
4: In section 25(8)﻿(b) goods before they are given a biosecurity clearance uncleared goods to which the authorisation relates
5: In section 25(9) goods before they are given a biosecurity clearance uncleared goods to which an authorisation relates
16: Section 37 amended (Approval of ports as places of first arrival)
After section 37(9)
10: The Director-General—
a: may, for the purpose of subsection (1), approve standards relating to the operation of arrangements, facilities, and systems at a port to be approved as a place of first arrival; and
b: must, before approving the standard, consult the persons that the Director-General considers representative of the classes of persons likely to have an interest in a proposed standard.
17: Section 39 amended (Approval and cancellation of approval of transitional facilities and containment facilities)
In section 39(3A) facility or a containment facility
18: Section 105A amended (Call in of powers or functions)
In section 105A(1) 26 25, 26, 27A
4: Care of Children Act 2004
19: Principal Act
This Part amends the Care of Children Act 2004 principal Act 2018-09-08 Care of Children Act 2004
20: Section 131 amended (Fees and expenses of lawyer appointed under section 7 or 130)
1: In section 131(1)﻿(a) the Registrar a Registrar
2: Replace section 131(2)
2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 7 or 130 must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.
5: Child Support Act 1991
21: Principal Act
This Part amends the Child Support Act 1991 principal Act 2018-09-08 Child Support Act 1991
22: Section 226B amended (Fees and expenses of lawyer appointed under section 226 or 226A)
1: In section 226B(1)﻿(a) the Registrar a Registrar
2: Replace section 226B(2)
2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 226 or 226A must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.
6: Companies Act 1993
23: Principal Act
This Part amends the Companies Act 1993 principal Act 2018-09-08 Companies Act 1993
24: Section 303 amended (Admissible claims)
In section 303(2) penalties, sentences of reparation, orders,
25: Section 308 amended (Fines and penalties)
In section 308(a) fine , monetary penalty, sentence of reparation, or other order for the payment of money
7: Coroners Act 2006 and related amendment
26: Principal Act
This Part Coroners Act 2006 principal Act 2018-09-08 Coroners Act 2006 Amendments to Coroners Act 2006
27: Section 10 amended (Coroner defined)
1: After section 10(1)﻿(a)
ab: the deputy chief coroner; and
2: After section 10(2)﻿(a)
ab: section 105A(1) (deputy chief coroner):
28: Section 110 amended (Salaries and allowances)
1: In section 110(1) the chief coroner the chief coroner, the deputy chief coroner,
2: After section 110(4)
4A: If the deputy chief coroner ceases to hold that office but continues to hold office as a coroner, his or her salary and allowances may be reduced by the amount of any salary or allowances he or she received solely because of being the deputy chief coroner.
3: In section 110(5) subsection (4) or (4A) Related amendment to Remuneration Authority Act 1977
29: Amendment to Remuneration Authority Act 1977
1: This section amends the Remuneration Authority Act 1977
2: In section 12B(1)﻿(f) the chief coroner the chief coroner, the deputy chief coroner, 2018-09-08 Remuneration Authority Act 1977
8: Credit Contracts and Consumer Finance Act 2003
30: Principal Act
This Part amends the Credit Contracts and Consumer Finance Act 2003 principal Act 2018-09-08 Credit Contracts and Consumer Finance Act 2003
31: Cross-heading above section 9J amended
In the cross-heading above section 9J disclosure of
9: Crown Proceedings Act 1950 and related amendments
32: Principal Act
This Part Crown Proceedings Act 1950 principal Act 2018-09-08 Crown Proceedings Act 1950 Amendments to Crown Proceedings Act 1950
33: Section 21 repealed (Recovery of debts due upon recognisance)
Repeal section 21
34: Section 22 amended (Barristers or solicitors may be appointed to act for Attorney-General in each district)
1: In section 22(1) sections 20 and 21 section 20
2: Replace section 22(2)
2: On the appointment of a person being made and published in the Gazette
a: certificates under section 20
b: the person must cause final judgment to be signed in accordance with section 20
35: Section 23 amended (Judgments for fines and on recognisances may be vacated by High Court)
1: In the heading to section 23 and on recognisances
2: In section 23 or section 21
36: Section 24 amended (Satisfaction of orders against the Crown)
1: In section 24(3) , without further appropriation than this section,
2: Replace section 24(4)
4: A department that has paid money under this section must include in its annual financial statements a statement showing the total of all amounts paid under this section in the relevant financial year.
37: Section 30 replaced (Rules of court)
Replace section 30
30: Rules about the Crown’s participation in civil proceedings, etc
A provision in another Act that empowers the making of rules about civil proceedings also empowers the making of rules for 1 or more of the following purposes:
a: providing for the Crown’s participation in civil proceedings:
b: in civil proceedings by the Crown for the recovery of taxes, duties, or penalties, providing that the defendant is not entitled to a set-off or counterclaim:
c: in other civil proceedings by the Crown, providing that the defendant is not entitled to a set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties, or penalties:
d: in civil proceedings by or against the Crown, providing that the defendant is not entitled, without the court’s leave, to a set-off or counterclaim if the subject matter of the set-off or counterclaim does not relate to the subject matter of the proceedings:
e: providing that the Crown is not entitled to a set-off or counterclaim without the court’s leave.
38: Schedule 3 amended
In Schedule 3 Related amendments to other Acts
39: Amendment to Bail Act 2000
1: This section amends the Bail Act 2000
2: After section 39
39A: Court must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety
1: If a defendant’s failure to comply with a condition of bail has been entered in the court record under section 39(3), any money paid by a surety under a bail bond is forfeited.
2: The court must order money forfeited under a bail bond to be paid to the Crown, unless the court considers that equity and good conscience and the real merits and justice of the case require the money to be returned to the surety. 1950 No 54 s 21 2018-09-08 Bail Act 2000
40: Amendment to Electoral Act 1993
1: This section amends the Electoral Act 1993
2: After section 250(2), insert:
3: For the purposes of subsection (2), sections 21 and 23 and Schedule 3 of the Crown Proceedings Act 1950 continue to apply as if they had not been amended by Part 9 of the Statutes Amendment Act 2018 2018-09-08 Electoral Act 1993
10: Customs and Excise Act 2018
41: Principal Act
This Part Customs and Excise Act 2018 principal Act 2018-09-08 Customs and Excise Act 2018
42: Schedule 3 amended
In Schedule 3
11: District Court Act 2016
43: Principal Act
This Part amends the District Court Act 2016 principal Act 2018-09-08 District Court Act 2016
44: Section 212 amended (Contempt of court)
In section 212(2)﻿(a) and (b) Judge judicial officer
12: Domestic Violence Act 1995
45: Principal Act
This Part amends the Domestic Violence Act 1995 principal Act 2018-09-08 Domestic Violence Act 1995
46: Section 81 amended (Court may appoint lawyer)
1: In section 81(2A)﻿(a) and (3)﻿(a) the Registrar a Registrar
2: Replace section 81(4)
4: An invoice for fees and expenses submitted for payment by a lawyer appointed under this section must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.
13: Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
47: Principal Act
This Part amends the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 principal Act 2018-09-08 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
48: Section 164A amended (Dumping permits issued under Maritime Transport Act 1994)
In section 164A
2: A reference in the permit to Maritime New Zealand, the Director of Maritime New Zealand, or the Director must be treated as if it were a reference to the Environmental Protection Authority.
14: Family Proceedings Act 1980
49: Principal Act
This Part amends the Family Proceedings Act 1980 principal Act 2018-09-08 Family Proceedings Act 1980
50: Section 162B amended (Fees and expenses of lawyer appointed under section 162 or 162A)
1: In section 162B(1)﻿(a) the Registrar a Registrar
2: Replace section 162B(2)
2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 162 or 162A must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.
15: Films, Videos, and Publications Classification Act 1993
51: Principal Act
This Part amends the Films, Videos, and Publications Classification Act 1993 principal Act 2018-09-08 Films, Videos, and Publications Classification Act 1993
52: Section 109A amended (Search warrants from District Court Judges for offences against sections 126 and 131A)
In section 109A(1) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on an application made in the manner provided in subpart 3 of Part 4 of that Act, A District Court Judge may, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012,
53: Section 109B amended (Search warrants from Registrars, etc, for offences against section 126 or section 131A)
In section 109B An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) A person who is authorised to act as an issuing officer under section 108 of the Search and Surveillance Act 2012
16: Fisheries Act 1996
54: Principal Act
This Part amends the Fisheries Act 1996 principal Act 2018-09-08 Fisheries Act 1996
55: Section 255 amended (Interpretation—forfeiture provisions)
After section 255(6)
7: No quota owned by any licensed NBDT (within the meaning of section 4(1) of the Non-bank Deposit Takers Act 2013) is to be regarded as associated quota merely because the licensed NBDT has in the ordinary course of its business as a financier become the owner of that quota.
17: Government Superannuation Fund Act 1956
56: Principal Act
This Part amends the Government Superannuation Fund Act 1956 principal Act 2018-09-08 Government Superannuation Fund Act 1956
57: Section 95 amended (Annual subsidies up to 1 July 1991 from Government and from funds or accounts out of which contributors’ salaries are paid)
In the heading to section 95 up to 1 July 1991
18: Housing Corporation Act 1974
58: Principal Act
This Part amends the Housing Corporation Act 1974 principal Act 2018-09-08 Housing Corporation Act 1974
59: Section 2 amended (Interpretation)
In section 2 State Services Commissioner
19: International Finance Agreements Amendment Act 1966
60: Principal Act
This Part amends the International Finance Agreements Amendment Act 1966 principal Act 2018-09-08 International Finance Agreements Amendment Act 1966
61: Section 3 amended (Provisions for giving effect to Asian Development Bank Agreement)
1: In section 3(2) such account of the Public Account as the Minister may direct public money
2: In section 3(2) membership of the Asian Bank. Expenses or capital expenditure may be incurred without further appropriation than this section for the purpose of these payments ( see
62: Section 4 amended (Provisions for giving effect to International Development Association Agreement)
1: In section 4(3) such account of the Crown Bank Account as the Minister may direct public money
2: In section 4(3) New Zealand’s membership. Expenses or capital expenditure may be incurred without further appropriation than this section for the purpose of these payments ( see
20: Justices of the Peace Act 1957
63: Principal Act
This Part amends the Justices of the Peace Act 1957 principal Act 2018-09-08 Justices of the Peace Act 1957
64: Section 3C amended (Use of designation
JP (retired) After section 3C(2)
2A: Despite subsection (2)﻿(a), the Secretary may, by notice in the Gazette JP (retired)
21: Oranga Tamariki Act 1989
65: Principal Act
This Part Oranga Tamariki Act 1989 principal Act 2018-09-08 Oranga Tamariki Act 1989
66: Section 162 amended (Payment of lawyer appointed under section 159 or 160)
1: In section 162(1)﻿(a) the Registrar a Registrar
2: Replace section 162(2)
2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 159 or 160 must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.
22: Parole Act 2002
67: Principal Act
This Part amends the Parole Act 2002 principal Act 2018-09-08 Parole Act 2002
68: Section 4 amended (Interpretation)
In section 4(1) interim supervision order
69: Section 73 amended (Arrest without warrant)
In section 73(2) extended supervision order or interim supervision order
70: Section 107FA amended (Sentencing court may make interim supervision order)
In section 107FA(3) order under subsection (2) (an interim supervision order interim supervision order
71: Section 107T amended (Offence to breach extended supervision order)
1: In the heading to section 107T order or interim supervision order
2: In section 107T extended supervision order or interim supervision order
72: Section 107V amended (Additional victim notification)
In section 107V an extended supervision order or interim supervision order
23: Plumbers, Gasfitters, and Drainlayers Act 2006
73: Principal Act
This Part amends the Plumbers, Gasfitters, and Drainlayers Act 2006 principal Act 2018-09-08 Plumbers, Gasfitters, and Drainlayers Act 2006
74: Section 142 amended (Board may prescribe fees)
After section 142(1)﻿(e)
ea: the notification, by a person who holds a current practising licence that authorises that person to supervise work done under section 19, 21, or 25, of the supervision of a person doing that work (if notification is required as part of the terms and conditions, imposed by notice published under section 30(1)﻿(c), that apply in respect of that licence):
24: Policing Act 2008
75: Principal Act
This Part amends the Policing Act 2008 principal Act 2018-09-08 Policing Act 2008
76: Section 41 amended (Unclaimed property)
1: In section 41(1) 3 months or more, must 6 weeks or more, may
2: Replace section 41(5)
5: The following types of property (whether perishable or not) may be destroyed or given away:
a: property that has no monetary value or only negligible monetary value:
b: property that it is not appropriate or practicable to sell.
25: Protection of Personal and Property Rights Act 1988
77: Principal Act
This Part amends the Protection of Personal and Property Rights Act 1988 principal Act 2018-09-08 Protection of Personal and Property Rights Act 1988
78: Section 65 amended (Appointment of lawyer to represent person in respect of whom application made)
Replace section 65(6)
6: An invoice for fees and expenses submitted for payment by a lawyer appointed under this section must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.
79: Section 65B amended (Payment of lawyer appointed under section 65A)
1: In section 65B(1)﻿(a) the Registrar a Registrar
2: Replace section 65B(2)
2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 65A must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.
26: Public Finance Act 1989
80: Principal Act
This Part amends the Public Finance Act 1989 principal Act 2018-09-08 Public Finance Act 1989
81: Section 15C amended (End-of-year performance information requirements)
In section 15C(2)﻿(c) and (3) or a Crown entity a Crown entity, a Schedule 4 organisation (but not including a Reserves Board (as described in Schedule 4)), or a Schedule 4A company
82: Section 19A amended (Provision of end-of-year performance information other than by Ministers)
In section 19A(1) or Crown entity Crown entity, Schedule 4 organisation, or Schedule 4A company
83: Section 26A amended (Transfer of resources between output expense appropriations)
After section 26A(3)
4: In this section, output expense appropriation
a: an appropriation for 1 category of output expenses:
b: a multi-category appropriation that includes only categories of output expenses.
84: Section 45AA amended (Contents of departmental agency annual report)
After section 45AA(1)﻿(c)
ca: a statement of responsibility that complies with section 45C; and
27: Real Estate Agents Act 2008 and consequential amendments
85: Principal Act
This Part amends the Real Estate Agents Act 2008 principal Act 2018-09-08 Real Estate Agents Act 2008 Amendment to Real Estate Agents Act 2008
86: Section 49 amended (Branch manager’s or salesperson’s licence)
1: In section 49(2) without having to be licensed under the Auctioneers Act 1928 , and operates as an exemption from the requirement in the Auctioneers Act 2013 to be registered as an auctioneer
2: After section 49(2)
3: However, every licensee who conducts an auction of land must comply with the rules about the conduct of auctions set out in sections 36Y to 36ZE (but not the rule in section 36ZF) of the Fair Trading Act 1986. Consequential amendments to other Acts
87: Amendment to Auctioneers Act 2013
1: This section amends the Auctioneers Act 2013
2: In section 5(2)﻿(a) section 48 sections 48 and 49 2018-09-08 Auctioneers Act 2013
88: Amendment to Fair Trading Act 1986
1: This section amends the Fair Trading Act 1986
2: In section 36ZF(4) a licensed real estate agent, and the provisions of the Real Estate Agents Act 2008 an agent, a branch manager, or a salesperson, licensed under the Real Estate Agents Act 2008, and the provisions of that Act 2018-09-08 Fair Trading Act 1986
28: State-Owned Enterprises Act 1986
89: Principal Act
This Part amends the State-Owned Enterprises Act 1986 principal Act 2018-09-08 State-Owned Enterprises Act 1986
90: New section 16A inserted (Information to be published by boards)
After section 16
16A: Information to be published by boards
1: The board of a State enterprise must publish the following documents on an Internet site maintained by or on behalf of the State enterprise:
a: the completed statement of corporate intent of the State enterprise:
b: the annual report and audited financial statements of the State enterprise:
c: the auditor’s report on those financial statements:
d: the half-yearly report:
e: the rules of the State enterprise:
f: any change to those rules:
g: any notice making a modification to the statement of corporate intent of the State enterprise, and a document that consolidates all modifications into the statement of corporate intent.
2: Each document referred to in subsection (1)﻿(a) to (d)
3: The rules of the State enterprise and any change to those rules must be published as soon as practicable after the date of those rules or that change or the date on which the State enterprise became a State enterprise, whichever is the later.
4: The documents referred to in subsection (1)﻿(g)
91: Section 17 amended (Information to be laid before House of Representatives)
Repeal section 17(2A)
92: Schedule 1 amended
In Schedule 1
93: Schedule 2 amended
In Schedule 2
29: Te Rarawa Claims Settlement Act 2015
94: Principal Act
This Part amends the Te Rarawa Claims Settlement Act 2015 principal Act 2018-09-08 Te Rarawa Claims Settlement Act 2015
95: Section 143 amended (Appointment of Te Rarawa fisheries advisory committee)
Replace section 143(2)
2: The purpose of the Te Rarawa fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996, while also ensuring the sustainability of those resources in the fisheries protocol area.
96: Section 144 amended (Appointment of joint fisheries advisory committee)
Replace section 144(3)
3: The purpose of the joint fisheries advisory committee is to advise the Minister on the utilisation of fish, aquatic life, and seaweed managed under the Fisheries Act 1996, while also ensuring the sustainability of those resources in—
a: the fisheries protocol area; and
b: the fisheries protocol areas provided for by—
i: section 128 of the Ngāti Kuri Claims Settlement Act 2015; and
ii: section 130 of the Te Aupouri Claims Settlement Act 2015; and
iii: section 125 of the NgāiTakoto Claims Settlement Act 2015.