Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008

1: Title
This Act is the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Statutes
Amendment to Community Trusts Act 1999
3: Amendment to Community Trusts Act 1999
1: This section amends the Community Trusts Act 1999
2: Section 7(f) 2008-09-10 Community Trusts Act 1999 Amendments to Education Act 1989
4: Amendments to Education Act 1989
1: This section amends the Education Act 1989
2: Section 103(1)﻿(b)
3: Section 104
1A: If a property order is made in respect of a trustee under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—
a: subsection (1)﻿(d) does not apply to the trustee by virtue only of the making of that order; but
b: while the order remains in force, the trustee is deemed to have been granted leave of absence by the Board and is not capable of acting as a trustee during that period.
4: Section 171(6)
b: the person is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
ba: the person is a person in respect of whom a personal order has been made under that Act that reflects adversely on his or her—
i: competence to manage his or her own affairs in relation to his or her property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or
5: Section 174(3)
b: becomes subject to a property order under the Protection of Personal and Property Rights Act 1988 (other than an order under section 30 of that Act); or
ba: becomes subject to a personal order under that Act that reflects adversely on his or her—
i: competence to manage his or her own affairs in relation to his or her property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or
6: Section 174
3A: The Council may, by resolution, suspend a member of the Council (other than the chief executive) as a member if the member becomes subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).
3B: If a member is suspended under subsection (3A),—
a: the suspension has effect as if the member had been granted leave of absence; and
b: the member is not capable of acting as a member during the period of suspension; and
c: the suspension continues until the property order made under section 30 of the Protection of Personal and Property Rights Act 1988 ceases to be in force (but this does not affect any powers of the Council under subsection (3) in respect of the member).
7: Section 174(4) or suspending dismissing 2008-09-10 Education Act 1989 Amendments to Juries Act 1981
5: Amendments to Juries Act 1981
1: This section amends the Juries Act 1981
2: The definition of physical disability section 2
3: Section 2 disability
4: Section 8(i)
5: Section 15(1)﻿(aa) physical
6: The heading to section 16AA physical
7: Section 16AA(1) physical
8: Section 22(1)﻿(b) physical
9: Section 25(1)﻿(b) physical 2008-09-10 Juries Act 1981 Amendments to Juries Amendment Act 2008
6: Amendments to Juries Amendment Act 2008
1: This section amends the Juries Amendment Act 2008
2: Section 11(1) physical
3: The heading to section 13 physical
4: Section 13(2) physical 2008-09-10 Juries Amendment Act 2008 Amendments to Local Government Act 2002
7: Amendments to Local Government Act 2002
1: This section amends the Local Government Act 2002
2: Schedule 7
4A: Suspension of members
1: A person's office as member of a local authority is suspended while the person is subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).
2: If subclause (1) applies,—
a: the person is deemed to have been granted leave of absence and is not capable of acting as a member during the period of suspension; and
b: the person may not do an act as a member while on leave of absence under paragraph (a)
3: Clause 5(1) of Schedule 7
b: becomes subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988; or
4: The amendments made by subsections (2) and (3) do not limit the power of the District Court Schedule 7 2008-09-10 Local Government Act 2002 Section 7(4) amended 1 March 2017 section 261 District Court Act 2016 Amendment to Maori Trust Boards Act 1955
8: Amendment to Maori Trust Boards Act 1955
1: This section amends the Maori Trust Boards Act 1955
2: Section 14(3)
a: a person who is subject to a personal order or a property order made under the Protection of Personal and Property Rights Act 1988 or for whom a trustee corporation is acting as manager under section 32 or 33 of that Act; or 2008-09-10 Maori Trust Boards Act 1955 Amendments to Maritime Transport Act 1994
9: Amendments to Maritime Transport Act 1994
1: This section amends the Maritime Transport Act 1994
2: Clause 4(b) of Schedule 2 ; or ,—
3: Clause 4(c) of Schedule 2
4: Schedule 2 4A. For the purposes of clause 4, disability 2008-09-10 Maritime Transport Act 1994 Amendments to Motor Vehicle Sales Act 2003
10: Amendments to Motor Vehicle Sales Act 2003
1: This section amends the Motor Vehicle Sales Act 2003
2: Section 24(l)
3: Section 42
1A: Subsection (1)﻿(c) does not apply in respect of a motor vehicle trader who is disqualified from registration by virtue only of the making of a property order under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders). 2008-09-10 Motor Vehicle Sales Act 2003 Amendments to Mutual Insurance Act 1955
11: Amendments to Mutual Insurance Act 1955
1: This section amends the Mutual Insurance Act 1955
2: Section 30(10)﻿(d)
a: omitting a mentally disordered person within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or becomes
b: inserting (other than an order under section 30 of that Act) 1988
3: Section 30
10A: A person's office as director is suspended while the director is subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders) and, during that period,—
a: the person is deemed to have been granted leave of absence by the Board; and
b: the person is not capable of acting as a director. 2008-09-10 Mutual Insurance Act 1955 Amendments to New Zealand Council for Educational Research Act 1972
12: Amendments to New Zealand Council for Educational Research Act 1972
1: This section amends the New Zealand Council for Educational Research Act 1972
2: Section 5
a: a person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988:
3: Section 7
1A: If a property order is made in respect of a member under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—
a: subsection (1)﻿(c) does not apply to the member by virtue only of the making of that order; but
b: while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member during that period. 2008-09-10 New Zealand Council for Educational Research Act 1972 Amendments to New Zealand Superannuation and Retirement Income Act 2001
13: Amendments to New Zealand Superannuation and Retirement Income Act 2001
1: This section amends the New Zealand Superannuation and Retirement Income Act 2001
2: Section 19(6)﻿(a) ; or
3: Section 19(6)﻿(b) 2008-09-10 New Zealand Superannuation and Retirement Income Act 2001 Amendments to Public Trust Act 2001
14: Amendments to Public Trust Act 2001
1: This section amends the Public Trust Act 2001
2: Section 59(3)
b: is neither subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988 nor a person for whom a trustee corporation is acting as manager under section 32 or 33 of that Act.
3: Section 61(4)
b: is neither subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988 nor a person for whom a trustee corporation is acting as manager under section 32 or 33 of that Act. 2008-09-10 Public Trust Act 2001 Amendments to Reserve Bank of New Zealand Act 1989
15: Amendments to Reserve Bank of New Zealand Act 1989
1: This section amends the Reserve Bank of New Zealand Act 1989
2: Section 46(1)﻿(j) ; or
3: Section 46(1)﻿(k)
4: Section 58(i) 2008-09-10 Reserve Bank of New Zealand Act 1989 Amendments to River Boards Act 1908
16: Amendments to River Boards Act 1908
1: This section amends the River Boards Act 1908
2: Section 29(1)﻿(b)
3: Section 29(2) subsection (1)﻿(a) subsection (1) 2008-09-10 River Boards Act 1908 Amendments to Sale of Liquor Act 1989
17: Amendments to Sale of Liquor Act 1989
1: This section amends the Sale of Liquor Act 1989
2: Section 200(1)
e: a person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988.
3: Section 201
2: If a property order is made in respect of a member under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—
a: subsection (1)﻿(d) does not apply to the member by virtue only of the making of that order; but
b: while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member of the licensing trust during that period.
4: Section 219V
4A: If a property order is made in respect of a trustee under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—
a: subsection (4) does not apply to the trustee by virtue only of the making of that order; but
b: while the order remains in force, the trustee is deemed to have been granted leave of absence and is not capable of acting as a trustee of the community trust during that period.
5: Section 219W(e) 2008-09-10 Sale of Liquor Act 1989 Amendments to Social Security Act 1964
18: Amendments to Social Security Act 1964
1: This section amends the Social Security Act 1964
2: Section 75(4)﻿(a) ; or
3: Section 75(4)﻿(b) 2008-09-10 Social Security Act 1964 Amendments to Soil Conservation and Rivers Control Act 1941
19: Amendments to Soil Conservation and Rivers Control Act 1941
1: This section amends the Soil Conservation and Rivers Control Act 1941
2: Section 54
c: any person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988.
3: Section 55(1)
c: is or becomes, due to disability, unable to carry out his or her duties as a member; or
4: Section 55
4: For the purposes of subsection (1)—
a: disability
b: a person who becomes subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988 is to be treated as falling within subsection (1)﻿(c) (whether or not the person has a disability). 2008-09-10 Soil Conservation and Rivers Control Act 1941 Amendment to Taranaki Scholarships Trust Board Act 1957
20: Amendment to Taranaki Scholarships Trust Board Act 1957
1: This section amends the Taranaki Scholarships Trust Board Act 1957
2: Section 5(1)
d: becomes subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988 or becomes a person for whom a trustee corporation is acting as manager under section 32 or 33 of that Act; or 2008-09-10 Taranaki Scholarships Trust Board Act 1957 Amendments to Te Ture Whenua Maori Act 1993
21: Amendments to Te Ture Whenua Maori Act 1993
1: This section amends Te Ture Whenua Maori Act 1993
2: The definition of person under disability section 210
3: Section 272(2)
a: a person who is subject to a personal order or a property order made under the Protection of Personal and Property Rights Act 1988 or for whom a trustee corporation is acting as manager under section 32 or 33 of that Act; or
4: Section 272
3: However, if a property order is made in respect of a member of a committee of management under section 30 of the Protection of Personal and Property Rights Act 1988,—
a: the member does not cease to hold office as a member of the committee by virtue only of the making of that order; but
b: while that order remains in force, the member is suspended from office.
4: A member who is suspended from office under subsection (3)—
a: is deemed to have been granted leave of absence; and
b: is not capable of acting as a member of the committee during the period of suspension.
5: Subsection (2) of this section does not apply to a kai tiaki trust constituted under Part 12 2008-09-10 Te Ture Whenua Maori Act 1993 Amendment to Trustee Act 1956
22: Amendment to Trustee Act 1956
1: This section amends the Trustee Act 1956
2: The first proviso to section 15(1)﻿(j) of full age and full mental capacity 2008-09-10 Trustee Act 1956 Amendments to Waitangi National Trust Board Act 1932
23: Amendments to Waitangi National Trust Board Act 1932
1: This section amends the Waitangi National Trust Board Act 1932
2: Section 4
2: However, the deed or declaration of trust has effect for these purposes as if, in place of paragraph (c) of clause 8, there were substituted the following paragraph:
c: become subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988; or 2008-09-10 Waitangi National Trust Board Act 1932
2: Amendments to Regulations
Amendment to Child Support Rules 1992
24: Amendment to Child Support Rules 1992
1: This section amends the Child Support Rules 1992
2: Rule 37
a: omitting is mentally disordered within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 poses a serious danger to the health or safety of others
b: omitting the mentally disordered person the respondent 2008-09-10 Child Support Rules 1992 Amendments to Freshwater Fish Farming Regulations 1983
25: Amendments to Freshwater Fish Farming Regulations 1983
1: This section amends the Freshwater Fish Farming Regulations 1983
2: Regulation 12(1)
c: the manager under any of sections 30 to 33 of the Protection of Personal and Property Rights Act 1988 of the property of a licensee (or of part of it, if the licence relates to that part); or
3: Regulation 13(1)
b: the manager under any of sections 30 to 33 of the Protection of Personal and Property Rights Act 1988 of the property of a licensee (or of part of it, if the licence relates to that part); or 2008-09-10 Freshwater Fish Farming Regulations 1983 Amendment to Weights and Measures Regulations 1999
26: Amendment to Weights and Measures Regulations 1999
1: This section amends the Weights and Measures Regulations 1999
2: Regulation 17(1)﻿(b)﻿(iv) 2008-09-10 Weights and Measures Regulations 1999