Date of assent 24 June 2003 Commencement see section 2
Contents Page 1 Title 5 Part 1 Preliminary provisions 2 Commencement 5 3 Purpose 5 4 Overview 6 5 Interpretation 7 6 Act binds the Crown 8 Part 2 New Zealand Trade and Enterprise Establishment of NZTE 7 Establishment 8 8 Crown entity status 8 9 Functions 8 10 NZTE is body corporate [Repealed] 10 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the Ministry of Economic Development. 11 Capacity and powers [Repealed] 10 12 Compliance with government policy [Repealed] 10 13 Requirements for notices and Ministerial 10 directions [Repealed] Membership, role, and accountability of board 14 Membership of board 10 15 Board’s role [Repealed] 10 16 Accountability of members to Minister [Repealed] 11 Minister’s role [Repealed] 17 Minister’s role [Repealed] 11 18 Minister responsible to House of 11 Representatives [Repealed] Special advisers 19 Special advisers 11 Delegation by board 20 Persons to whom board may delegate functions, duties, 12 and powers [Repealed] 21 Certain powers must not be delegated 12 22 Effect of delegation [Repealed] 12 23 Presumption of acting in accordance with 12 delegation [Repealed] 24 Other matters relating to delegation [Repealed] 12 Committees [Repealed] 25 Board may appoint committees [Repealed] 13 26 Membership of committee [Repealed] 13 27 Committee to regulate own procedure [Repealed] 13 Chief Executive of NZTE 28 Appointment of chief executive 13 29 Terms and conditions of chief executive’s 13 employment [Repealed] 30 Delegation of functions, duties, or powers by chief 13 executive [Repealed] Employees of NZTE [Repealed] 31 Personnel policy [Repealed] 14 32 Equal employment opportunities programme [Repealed] 14 Superannuation 33 Establishment of superannuation schemes [Repealed] 14 34 Government Superannuation Fund 14 35 Employees not in service of the Crown [Repealed] 15 Corruption and bribery, and corrupt use of official information [Repealed] 36 Members and employees are officials [Repealed] 15 Protections from liability of members and employees [Repealed] 37 Protections for members and employees from liabilities 15 of NZTE [Repealed] 38 Immunity of members and employees from civil liability 15 to third parties [Repealed] 39 Indemnity for members and employees for costs from 15 civil and criminal proceedings [Repealed] 40 Insurance for members and employees [Repealed] 16 41 Breach of indemnity and insurance limits [Repealed] 16 42 Definitions for protections from liability [Repealed] 16 Dealings with third parties by NZTE [Repealed] 43 Execution of documents [Repealed] 16 44 Method of contracting [Repealed] 16 45 Attorneys [Repealed] 16 46 Dealings between NZTE and other persons [Repealed] 16 47 Presumption of authority to execute document [Repealed] 17 Financial provisions [Repealed] 48 Funds of NZTE [Repealed] 17 49 Bank accounts [Repealed] 17 50 Investment of money [Repealed] 17 51 NZTE not to borrow without consent of Minister of 17 Finance [Repealed] 52 Auditor-General to be auditor of NZTE [Repealed] 17 53 NZTE deemed to be public authority [Repealed] 17 Planning—Statement of intent [Repealed] 54 Purpose of statement of intent [Repealed] 18 55 Obligation to prepare statement of intent [Repealed] 18 56 Form and content of statement of intent [Repealed] 18 57 Ministerial involvement in statements of intent [Repealed] 18 58 Process for providing statement of intent to 18 Minister [Repealed] 59 Application and term of statement of intent [Repealed] 18 60 Amendments to statement of intent [Repealed] 18 61 Optional amendments by NZTE [Repealed] 19 62 Mandatory amendments [Repealed] 19 63 Amendments to statement of intent by Minister [Repealed] 19 64 Minister to present statement of intent and amendments to 19 House of Representatives [Repealed] Reporting—Annual report [Repealed] 65 Obligation to prepare annual report [Repealed] 19 66 Form and content of annual report [Repealed] 19 67 Form and content of statement of service 19 performance [Repealed] 68 Form and content of annual financial 20 statements [Repealed] 69 Statement of responsibility [Repealed] 20 70 Audit [Repealed] 20 71 Obligation to provide annual report to Minister [Repealed] 20 72 Minister to present annual report to House of 20 Representatives [Repealed] Review of NZTE’s operations and performance [Repealed] 73 Review of NZTE’s operations and performance [Repealed] 20 Part 3 Miscellaneous provisions Dissolution of former agencies 74 Former agencies dissolved 21 Transitional provisions 75 Assets and liabilities vest in NZTE 21 76 Transfer of employees 21 77 Terms and conditions of employment for transferred 21 employee 78 Continuity of employment 21 79 No compensation for technical redundancy 22 80 Final reports and accounts 22 81 References to former agency 23 82 Proceedings of former agency 23 Application of Public Records Act 2005 83 Public Records Act 2005 to apply 23 Consequential amendments 84 Consequential amendments 23 Repeals Repeals Schedule 1 Members’ duties [Repealed] Schedule 2 Membership of board [Repealed] Schedule 3 Procedure of board [Repealed] Schedule 4 Acts amended [Repealed]
This Act is the New Zealand Trade and Enterprise Act 2003.
This Act comes into force on 1 July 2003.
The purpose of this Act is to support the development of inter- nationally competitive New Zealand business by establishing New Zealand Trade and Enterprise.
New Zealand Trade and Enterprise is the Crown entity respon- sible for facilitating (in co-operation with industry, central and local government, and relevant community groups) the devel- opment and implementation of strategies, programmes, and activities for trade, industry, and regional development as di- rected by the Government.
In this Act,—
this Part deals with preliminary matters, including the purpose of this Act, interpretation, and the application of this Act to the Crown:
Part 2 and Schedules 1 to 3 contain provisions regard- ing a new Crown entity called New Zealand Trade and Enterprise and include—
provisions relating to the establishment of NZTE (sections 7 to 13), the membership, role, and ac- countability of the board of NZTE (sections 14 to 16), the Minister’s role (sections 17 and 18), spe- cial advisers to the board (section 19), and com- mittees of the board (sections 25 to 27) and sup- plementary provisions regarding the board’s and members’ duties, membership of the board, and procedure of the board (Schedules 1 to 3 respect- ively):
provisions regarding the Chief Executive of NZTE, employees, superannuation, and the li- ability of members, and employees (sections 28 to 42):
provisions regarding dealings with third parties by NZTE (sections 43 to 47), financial provi- sions (sections 48 to 53), provisions relating to the preparation of statements of intent (sections 54 to 64), and annual reporting provisions (sec- tions 65 to 72):
Part 3 deals with the dissolution of the New Zealand Trade Development Board and of Industry New Zealand (section 74), transitional matters (sections 75 to 82), the application of the Public Records Act 2005 (section 83), consequential amendments to other Acts (section 84 and Schedule 4), and repeals (section 85). Section 4(c): amended, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).
In this Act, unless the context otherwise requires,— board means the board of NZTE enactment includes this Act former agency means either or both of the following (as the context requires):
Industry New Zealand:
Trade New Zealand industry means a business, trade, manufacturing or commer- cial undertaking, profession, occupation, or undertaking relat- ing to the supply or acquisition of goods or services Industry New Zealand means the Crown entity established under section 7 of the Industry New Zealand Act 2000 Minister means the Minister or Ministers of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, are for the time being responsible for the administration of this Act NZTE—
means New Zealand Trade and Enterprise established under section 7; and
[Repealed] subsidiary has the same meaning as Crown entity subsidiary does in section 7 of the Crown Entities Act 2004 Trade New Zealand means the New Zealand Trade Develop- ment Board established under section 3 of the New Zealand Trade Development Board Act 1988 transferred employee means a person who,—
immediately before the commencement of this Act, is employed by a former agency; and
is transferred to NZTE under section 76. Section 5 borrow: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 5 chairperson: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 5 committee: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 5 deputy chairperson: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 5 equal employment opportunities programme: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 5 fees framework: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 5 good employer: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 5 member: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 5 NZTE paragraph (b): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 5 subsidiary: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
This Act binds the Crown.
New Zealand Trade and Enterprise
This section establishes New Zealand Trade and Enterprise.
NZTE is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
The Crown Entities Act 2004 applies to NZTE except to the extent that this Act expressly provides otherwise.
Members of NZTE are the board for the purposes of the Crown Entities Act 2004. Section 8: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The functions of NZTE are to—
contribute to a supportive environment for sustainable economic development by—
fostering collaborative networks and partner- ships between central government, local govern- ment, industry, trade unions, regions, education and research organisations, potential investors, and individual enterprises; and
encouraging the development and delivery of economic development services by the private and non-government sector; and
co-ordinating the delivery of government eco- nomic development assistance to industry, re- gions, and individual businesses:
provide a conduit for input and advice from industry, trade unions, local government, regions, education and research organisations, potential investors, and individual enterprises on programmes to implement the Government’s policies for economic, industry, and regional development:
enhance industry and regional enterprise and en- trepreneurial capabilities by—
providing information; and
facilitating access to skills, expertise, and re- sources:
contribute to increased exports from, and investment in, New Zealand by—
strengthening global linkages through trade and investment promotion; and
providing appropriate business and market de- velopment assistance:
carry out any additional function in relation to trade, industry, and regional development that is added by the Minister in accordance with section 112 of the Crown Entities Act 2004.
[Repealed]
[Repealed]
[Repealed] Section 9(1)(e): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 9(1)(f): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 9(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 9(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The board must have at least 3 members, but not more than 9 members.
[Repealed] Section 14(2): repealed, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).
Section 15: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 17: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 18: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The Minister may appoint the persons referred to in subsection (2) as special advisers to assist the board in aligning its strategy and activities with government policy.
The persons area—
the Secretary of Foreign Affairs and Trade; and
the Chief Executive of the Ministry of Economic De- velopment.
A special adviser is not a member, but may attend meetings of the board.
A special adviser may also attend meetings of any of the com- mittees of the board, but is not to be regarded as a member of the committee.
For the purposes of subsection (3) or subsection (4), each spe- cial adviser must be given reasonable notice of the time and place of every meeting of the board or of its committees (as the case may be) and any written material or document that relates to matters to be considered at the meeting by,—
in the case of meetings of the board, the chairperson, the deputy chairperson, or the member or members calling the meeting; or
in the case of meetings of a committee, the member or members calling the meeting.
Section 20: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The board must not delegate any of the following powers:
the power to acquire or dispose of real property:
the power to form and register a subsidiary:
the power to borrow money:
the power to appoint a chief executive.
In other respects, section 73 of the Crown Entities Act 2004 applies. Section 21(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 22: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 25: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 26: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 27: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The board must appoint a chief executive.
The chief executive must not be a member.
The chief executive is responsible to the board for the efficient and effective administration of the affairs of NZTE.
Section 29: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 30: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 31: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 32: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 33: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
A person who, immediately before becoming an employee of NZTE, was a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannu- ation Fund Act 1956 is, for the purposes of that Act, to be treated as if he or she were employed in the Government ser- vice as long as the person continues to be an employee of NZTE.
The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s service as an employee of NZTE were Government service.
A person employed by NZTE who ceases to be a contributor to the Government Superannuation Fund is not subsequently entitled to become a contributor.
For the purposes of applying the Government Superannuation Fund Act 1956 in accordance with subsection (2), controlling authority, in relation to that employee, means NZTE.
Section 35: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 36: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 37: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 38: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 39: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 40: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 41: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 42: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 43: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 44: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 45: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 46: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 47: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 48: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 49: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 50: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 51: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 52: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 53: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 54: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 55: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 56: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 57: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 58: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 59: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 60: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 61: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 62: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 63: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 64: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 65: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 66: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 67: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 68: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 69: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 70: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 71: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 72: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 73: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The former agencies are dissolved.
All rights, assets, liabilities, and debts that a former agency had immediately before the commencement of this Act must be treated as the rights, assets, liabilities, and debts of NZTE on that commencement.
NZTE may, after consulting the employee concerned, transfer a person who is employed by a former agency immediately before the commencement of this Act to NZTE.
The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before the date of the person’s transfer to NZTE.
Subsection (1)—
continues to apply to the terms and conditions of em- ployment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee or his or her representative and NZTE; but
does not apply to a transferred employee who receives any subsequent employment with NZTE.
Every transferred employee becomes an employee of NZTE on the date of transfer.
However, for the purposes of every enactment, law, determin- ation, contract, and agreement relating to the employment of the employee,—
the contract of employment of that employee must be treated as unbroken; and
the employee’s period of service with a former agency, and every other period of service of that employee that is recognised by a former agency as continuous service, must be treated as a period of service with NZTE.
A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—
the position held by the person in a former agency has ceased to exist; or
the person has ceased (as a result of the transfer to NZTE) to be an employee of a former agency.
As soon as practicable after the commencement of this Act, NZTE must arrange for the final report of each former agency to be delivered to the Minister.
The report must—
describe the former agency’s operations for the period beginning on 1 July 2002 and ending with the close of 30 June 2003; and
include—
financial statements of that agency prepared, in accordance with Part 5 of the Public Finance Act 1989, for that period; and
an audit report prepared by the Auditor-General and a statement of responsibility relating to those financial statements.
The Minister must present a copy of every report under this section to the House of Representatives under section 44A of the Public Finance Act 1989.
Unless the context otherwise requires, every reference to a for- mer agency in any enactment, agreement, deed, instrument, application, notice, or in any other document in force imme- diately before the commencement of this Act must, on or after that commencement, be read as a reference to NZTE.
Any proceedings to which a former agency is a party before the commencement of this Act may be continued, completed, and enforced by or against NZTE.
This section is for the avoidance of doubt.
Heading: substituted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).
NZTE is a public office for the purposes of the Public Records Act 2005. Section 83: substituted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).
The Acts specified in Schedule 4 are amended in the manner indicated in that schedule.
The New Zealand Trade Development Board Act 1988 (1988 No 160) and the Industry New Zealand Act 2000 (2000 No 27) are repealed. Schedule 1 s 14(2) Members’ duties
Schedule 1: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Schedule 2 s 14(2) Membership of board
Schedule 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Schedule 3 s 14(2) Procedure of board
Schedule 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Schedule 4 s 84 Acts amended
Schedule 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Contents
General
Status of reprints
How reprints are prepared
Changes made under section 17C of the Acts and Regulations Publication Act 1989
List of amendments incorporated in this reprint (most recent first) Notes
General This is a reprint of the New Zealand Trade and Enterprise Act 2003. The reprint incorporates all the amendments to the Act as at 21 April 2005, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint. This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
How reprints are prepared A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5 point) • layout of provisions, including: • indentation • position of section headings (eg, the number and heading now appear above the section) • format of definitions (eg, the defined term now appears in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • position of the date of assent (it now appears on the front page of each Act) • punctuation (eg, colons are not used after definitions) • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly • case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) • small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly • running heads (the information that appears at the top of each page) • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
List of amendments incorporated in this reprint (most recent first) Public Records Act 2005 (2005 No 40): section 67(1) Crown Entities Act 2004 (2004 No 115): section 200 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009