Part 1 amends the Agricultural Compounds and Veterinary Medicines Act 1997.

Clause 4 inserts new section 78A. The new section allows certain secondary legislation or published instruments made by the same maker to be consolidated. The maker is the Minister for Food Safety or the Director-General (the chief executive of the Ministry for Primary Industries (MPI)). Consolidation involves revoking 1 or more existing instruments and making a new instrument with the same effect as the revoked instruments and any further effect authorised by relevant empowering provisions. Only the new or amended parts of the new instrument need to satisfy all the requirements for making those parts. The revoked (and remade) parts need only satisfy the requirements for publication.

Part 2 amends the Animal Products Act 1999.

Clause 6 inserts new section 167B. The new section allows certain secondary legislation or published instruments made by the same maker to be consolidated. The maker is the Minister for Food Safety or the Director-General (the chief executive of MPI). Consolidation involves revoking 1 or more existing instruments and making a new instrument with the same effect as the revoked instruments and any further effect authorised by relevant empowering provisions. Only the new or amended parts of the new instrument need to satisfy all the requirements for making those parts. The revoked (and remade) parts need only satisfy the requirements for publication.

Clause 7 inserts new Part 2 containing new clause 6 into Schedule 1, which contains transitional provisions. The new clause excludes new section 167B from applying to existing notices that are not continuing notices under clause 3 of Schedule 1. Any remaining notices of that type will be revoked by clause 4(3) of Schedule 1.

Part 3 amends the Animal Welfare Act 1999.

Clause 9 inserts new section 184A. The new section allows certain secondary legislation or published instruments made by the same maker to be consolidated. The maker is the Minister of Agriculture, the Director-General (the chief executive of MPI), or the Minister of Conservation. Consolidation involves revoking 1 or more existing instruments and making a new instrument with the same effect as the revoked instruments and any further effect authorised by relevant empowering provisions. Only the new or amended parts of the new instrument need to satisfy all the requirements for making those parts. The revoked (and remade) parts need only satisfy the requirements for publication.

Part 4 amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the principal Act).

Clause 11 amends the definition of law enforcement purposes in section 5 to replace the reference to the Customs and Excise Act 1996 with a reference to the Customs and Excise Act 2018. When the Customs and Excise Act 1996 was repealed and replaced with the Customs and Excise Act 2018, the consequential amendment to the definition of law enforcement purposes was not made. Making this amendment will enable the New Zealand Police to share information with the New Zealand Customs Service for the purpose of enforcing and administering the Customs and Excise Act 2018.

Clause 12 amends section 49 to replace an outdated reference to section 40(1)(b) with a reference to paragraph (b) of the definition of suspicious activity in section 39A. Section 40 was replaced in 2017 by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (the 2017 Act), with the effect that section 40(1)(b) no longer exists. The 2017 Act moved the substance of what was in section 40(1)(b) to paragraph (b) of the definition of suspicious activity in section 39A of the principal Act. Making this amendment will enable reporting entities to keep appropriate transaction records where an officer, employee, or agent of the reporting entity has formed a suspicion about the transaction.

Clause 13 amends section 140, which authorises the disclosure of information obtained under certain enactments for the purposes of anti-money laundering and countering the financing of terrorism (AML/CFT).

Clause 13(1) replaces section 140(1) to include regulators in the class of entities authorised to disclose information obtained under the enactments listed in section 140(2) for AML/CFT purposes. Section 140(1) currently authorises only government agencies and AML/CFT supervisors to disclose this information. However, the enactments listed in section 140(2) include the Lawyers and Conveyancers Act 2006 and the New Zealand Institute of Chartered Accountants Act 1996. The entities that currently receive AML/CFT information under those 2 Acts are the New Zealand Law Society (NZLS), the New Zealand Society of Conveyancers (NZSOC), and New Zealand Institute of Chartered Accountants (NZICA). Those entities are neither government agencies nor AML/CFT supervisors. However, they are regulators, as defined in section 5. Making this amendment will enable NZLS, NZSOC, and NZICA to share information obtained under the Lawyers and Conveyancers Act 2006 and the New Zealand Institute of Chartered Accountants Act 1996 with government agencies and AML/CFT supervisors for AML/CFT purposes.

Clause 13(2) amends section 140(2)(c) to replace a reference to the Customs and Excise Act 2018 with a reference to the Criminal Proceeds (Recovery) Act 2009. Section 140(2)(c) was replaced when the Customs and Excise Act 1996 was repealed and replaced with the Customs and Excise Act 2018. However, section 140(2)(c) was replaced instead of section 140(2)(d) (which refers to the Customs and Excise Act 1996). Section 140(2)(c) referred to the Criminal Proceeds (Recovery) Act 2009. Making this amendment will restore the ability of government agencies and AML/CFT supervisors to use section 140 to disclose information obtained under the Criminal Proceeds (Recovery) Act 2009.

Clause 13(3) replaces a reference to the Customs and Excise Act 1996 with a reference to the Customs and Excise Act 2018.

Clause 14 amends section 144(2) and (3) to include references to Police employees. Section 144(2) and (3) impose conditions on the exercise of powers delegated under section 144(1). Section 144(1) was amended by the 2017 Act to allow the Commissioner of Police to delegate powers to a Police employee who is as senior as, or more senior than, a constable at or above the level of inspector. Before this amendment, the Commissioner could delegate powers only to a constable. However, the 2017 Act did not amend section 144(2) and (3) to apply the conditions in those subsections to the exercise of delegated powers by a Police employee. Making this amendment will require Police employees exercising powers delegated under section 144(1) to abide by the conditions in section 144(2) and (3).

Part 5 amends the Biosecurity Act 1993.

Clause 16 inserts new section 166A. The new section allows certain secondary legislation or published instruments made by the same maker to be consolidated. The maker is the Minister for Biosecurity, the Director-General (the chief executive of MPI), a chief technical officer, or a management agency. Consolidation involves revoking 1 or more existing instruments and making a new instrument with the same effect as the revoked instruments and any further effect authorised by relevant empowering provisions. Only the new or amended parts of the new instrument need to satisfy all the requirements for making those parts. The revoked (and remade) parts need only satisfy the requirements for publication.

Part 6 amends the Canterbury Earthquakes Insurance Tribunal Act 2019.

Clause 18 replaces section 46(2). The new wording clarifies that a limitation period that applies to a claim being dealt with by the Canterbury Earthquakes Insurance Tribunal is suspended while the tribunal deals with it. The wording is based on section 37 of the Weathertight Homes Resolution Services Act 2006, which was considered by the Supreme Court in Lee v Whangarei District Council [2017] 1 NZLR 401.

Part 7 amends the Care of Children Act 2004 (the principal Act).

Clause 20 amends section 47B, which relates to mandatory statements and evidence in support of applications for a parenting order or to vary a parenting order under the principal Act. The amendment replaces the reference in section 47B(3)(f)(ii) to domestic violence with a reference to family violence for consistency with other provisions of the principal Act.

Part 8 amends the Courts Security Act 1999.

Clause 22 amends section 30(2), which provides for the maximum penalty for an offence against section 30 on conviction by a court presided over by a District Court Judge or 2 or more Justices of the Peace. The effect of removing the reference to Justices of the Peace is to ensure that section 30(2) does not confer jurisdiction in respect of the offence on the District Court presided over by those justices. The District Court presided over by Justices of the Peace has jurisdiction in respect of an offence only if an enactment provides that it may be exercised by them. (See section 355 of the Criminal Procedure Act 2011.)

The amendment also removes the reference in section 30(2) to a District Court Judge, leaving it to the Criminal Procedure Act 2011 to deal with the District Court’s jurisdiction in respect of the offence.

Part 9 amends the COVID-19 Recovery (Fast-track Consenting) Act 2020.

Clause 24 amends clause 25(2) of Schedule 6 to clarify who must provide information requested under clause 25(1)(a).

Part 10 amends the Crown Entities Act 2004.

Clause 26 amends section 9, which allows certain changes to be made by Order in Council to the list of statutory entities and Crown entity companies. The amendment extends the powers in section 9, so that they also allow changes to be made to the financial powers that apply to those entities and companies.

Part 11 amends the Crown Forest Assets Act 1989.

Clause 28 amends section 36, which applies if there is a final recommendation of the Waitangi Tribunal for the return to Māori ownership of any licensed land. The section provides a permanent legislative authority for any money required to be paid as compensation, for which no further appropriation is required. The amendment extends that permanent legislative authority so that it applies to any expenses incurred by the Crown in returning the land to Māori ownership.

Part 12 amends the Customs and Excise Act 2018 (the principal Act).

The principal Act imposes excise and excise-equivalent duty on various types of alcoholic products. The rates of duty are set out in the Excise and Excise-equivalent Duties Table (the EEDT). The EEDT can be amended by Order in Council on 1 July each year to adjust the rates of duty in line with any change in the New Zealand Consumers Price Index (the CPI) in the preceding year (see clause 21 of Schedule 3 of the principal Act).

Excise item 99.44 (undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% volume) was added to the EEDT in 2018. Orders in Council were made in 2019 and 2020 to adjust the rates of excise duty for various alcoholic products. However, item 99.44 was inadvertently left out, so the rates of duty for that item have not been adjusted for 2019 and 2020 CPI changes.

As a result, the excise rates for item 99.44 are out of line with the excise-equivalent rate for the same item. This means that the rate of duty on imported products of that kind is higher than that for domestically manufactured product. This is contrary to New Zealand’s international trade obligations.

This cannot be fixed by an order under clause 21 of Schedule 3 (because it would require an increase of more than the permitted annual adjustment) and the principal Act does not allow for the rates to be amended any other way. It is not practicable for this Bill to directly amend the EEDT because the commencement date of this Bill is not known in advance so it is not possible to calculate the required new rate of excise.

This Bill therefore inserts new Part 4 into Schedule 1 of the principal Act to allow a one-off Order in Council to be made to adjust the rates of excise duty for item 99.44 to the rates they would have been had the annual CPI adjustments been made each 1 July since 2019.

Part 13 amends the Dog Control Act 1996.

Clause 32 amends section 30A, which prohibits the importation of certain dog breeds and types. The importation prohibition does not apply to disability assist dogs or dogs used by specific agencies (subsection (5)). However, currently an importer of those dogs is still required to make an exempting statutory declaration. The amendment removes this requirement.

Part 14 amends the Equal Pay Act 1972 (the principal Act) and the Equal Pay Amendment Act 2020 (the amendment Act). Section 24 of the amendment Act contains an error, in that the text in section 24(2) of the amendment Act should have been inserted into the principal Act as new section 19(1A). The amendments in clauses 34 and 35 correct this error by inserting a new section 19(1A) into the principal Act and repealing section 24(2) of the amendment Act. (Section 19 of the principal Act contains a regulation-making power, and new section 19(1A) provides that regulations may not be made under that section that require the comparators against which a pay equity claim is to be assessed to be ranked or weighted.)

Part 15 amends the Evidence Act 2006 (the principal Act).

Clause 37 repeals section 202 and the cross-heading above it. Section 202 provides for a periodic review of the operation of the principal Act. The principal Act has been reviewed twice since it came into force. In its latest review (R142, March 2019), the Law Commission found that the principal Act is generally operating well and recommended that section 202 be repealed.

Part 16 amends the Family Violence Act 2018.

Clause 39 amends section 49 to remove the reference to section 171, which is not applicable (as proceedings under sections 46 and 51 are criminal proceedings).

Clause 40 amends section 105 to clarify that if proceedings are commenced under the Care of Children Act 2004 to replace, vary, or discharge an interim order made under section 105, the court may under section 7 of that Act appoint a lawyer to represent the child in that proceeding.

Clause 41 amends section 106 to correct a cross-reference.

Part 17 amends the Fire and Emergency New Zealand Act 2017 (the principal Act).

Clause 43 replaces section 23, which is concerned with authorisations by the board of Fire and Emergency New Zealand (FENZ). The amendment allows the authorisation of a class of persons. This change has the effect that the board may authorise a class of firefighters (or other members of a class) as a group, rather than individually authorising many thousands of firefighters (or other members of a class).

Clause 44 replaces section 25(2). New section 25(2) requires that persons appointed by the board to roles, ranks, and positions in FENZ must be FENZ personnel. (FENZ personnel is defined in section 6 to mean FENZ employees, volunteers, and contractors.) Currently, appointees are required to be FENZ employees or FENZ volunteers; in other words, the change includes contractors.

Clause 45 amends section 42, which is concerned with the power an authorised person has in relation to land, buildings, or structures when responding to an emergency. Currently, an authorised person can take or send equipment or machines into, through, or upon any land, building, or structure. The amendment enables an authorised person also to take or send equipment or machines over any land, building, or structure.

Clause 46 amends section 71, which is concerned with the powers of industry brigades that operate in an emergency. The amendment enables the principal officer of an industry brigade to perform the functions and duties and exercise the powers of an authorised person under sections 38 to 40, in addition to the powers under sections 41 to 45. The principal officer can only perform those functions and duties and exercise those powers if the person who would normally do so is not present at the emergency, or if the principal officer is in charge under an agreement under section 70.

Clause 47 amends section 75, which defines the term relevant building for the purposes of the sections of the principal Act that deal with evacuation schemes. The effect of the amendment is that evacuation schemes are not required for household units that store small amounts of hazardous substances. The term household unit is defined in section 6. Subsection (1) has also been restructured for clarity.

Clause 48 amends section 76, with the effect that evacuation schemes do not have to be provided and maintained for buildings that are used for either or both of 2 purposes. Buildings that are used for either or both of those 2 purposes, and other purposes as well, will need to have an evacuation scheme. The 2 purposes are providing employment facilities for 10 or more persons (new section 75(1)(a)(ii)) and providing accommodation for 6 or more persons except in 3 or fewer household units (new section 75(1)(a)(iii)).

Clauses 49 and 50 amend sections 149 and 150, which are concerned with the functions, duties, and powers of the Chief of Defence Force. The amendment enables the Chief to perform the functions and duties and exercise the powers of an authorised person under sections 38 to 40, in addition to the powers under sections 41 to 45.

Clauses 51 to 55 amend the Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018. The amendments are consequential on the restructuring of section 75(1) of the principal Act.

Part 18 amends the Food Act 2014.

Clause 57 inserts new section 443A. The new section allows certain secondary legislation or published instruments made by the same maker to be consolidated. The maker is the Minister for Food Safety or the chief executive of MPI. Consolidation involves revoking 1 or more existing instruments and making a new instrument with the same effect as the revoked instruments and any further effect authorised by relevant empowering provisions. Only the new or amended parts of the new instrument need to satisfy all the requirements for making those parts. The revoked (and remade) parts need only satisfy the requirements for publication.

Part 19 amends the Government Roading Powers Act 1989 (the principal Act).

Clause 59 amends section 43, which is an interpretation section, as a consequence of changes made by the Cadastral Survey Act 2002. That Act uses the term Surveyor-General, which replaces the term Chief Surveyor. Clause 59(1) repeals the definition of Chief Surveyor in the principal Act and clause 59(3) inserts the new definition of Surveyor-General (which is the same as the definition in the Cadastral Survey Act 2002). The amendment made by clause 59(2) reflects the position that, although previously there was a Chief Surveyor in each land district, there is now only 1 Surveyor-General.

Part 20 amends the Infrastructure Funding and Financing Act 2020 (the principal Act).

Clause 61 amends section 3, which is the purpose provision. The purpose of the principal Act is to provide a funding and financing model for the provision of infrastructure for housing and urban development that, among other things, supports the functioning of urban land markets. Clause 61 deletes the reference to housing from section 3 and inserts a definition of urban development. The definition of urban development is the same as that which appears in the Urban Development Act 2020. It includes the development of housing and the development and renewal of urban environments.

Part 21 amends the Land Transport Act 1998 (the principal Act).

Clause 63 amends section 22AB. Under that section, a road controlling authority can make bylaws reserving parking spaces for categories of people, including medical practitioners. The Land Transport Amendment Act 2016 amended the principal Act elsewhere to refer instead to health practitioners, which is a term defined in section 2 of the principal Act. This amendment aligns section 22AB with those amendments.

Clauses 64 and 65 amend sections 74 and 75. Section 74 refers to posting blood specimens by registered post, and section 75 refers to various certificates certifying that a blood specimen was sent by registered post. The amendments remove the references to registered post as registered post is no longer offered as a means of sending items by post.

Part 22 amends the Legislation Act 2019.

Clause 67 amends the following definitions in section 13 to remove technically incorrect references to Cook Strait:

• North Island or Te Ika-a-Māui:

• South Island or Te Waipounamu.

Part 23 amends the Local Government Official Information and Meetings Act 1987 (the principal Act).

Clause 69 amends section 27, which sets out the Ombudsmen’s functions under the principal Act. The amendment corrects a redundant cross-reference in subsection (6).

Part 24 amends the Maritime Transport Act 1994 (the principal Act).

Clause 71 amends section 40A, which is the interpretation provision for Part 4A (regulation of alcohol consumption by seafarers). The amendment repeals the definition of doctor’s surgery and inserts a new definition of medical centre, being any place where a medical examination or medical care or treatment is carried out or given, including a place on board a ship. The amendments align the principal Act with the Land Transport Act 1998.

Clauses 72 to 75 amend sections 40H, 40I, 40M, and 40O as a consequence of the amendment to section 40A.

Clause 76 amends section 40Z, which relates to drug and alcohol testing of safety-sensitive workers by the Director of Maritime New Zealand. In order to receive the informed consent of a worker to be tested, the Director must present a document that contains a statement about the testing powers, process, and procedures. However, the reference in section 40Z(6)(a) incorrectly provides that the statement must contain the matters set out in the document referred to in subsection (5)(b). The amendment corrects this reference to refer to subsection (5)(a).

Clause 77 amends section 200A. Section 200A(1)(a) refers to a situation where a regional council (that has navigational safety jurisdiction over an area under the Local Government Act 1974) asks the Minister to declare a major maritime event. Section 7 of the Maritime Transport Amendment Act 2013 restated this jurisdiction as a new Part 3A of the principal Act. The amendment clarifies that Part 3A is now the source of a regional council’s jurisdiction, not the Local Government Act 1974.

Part 25 amends the National Animal Identification and Tracing Act 2012.

Clause 79 inserts new section 70A. The new section allows certain secondary legislation or published instruments made by the same maker to be consolidated. The maker is the Minister for Biosecurity, the Director-General (the chief executive of MPI), or the NAIT organisation. Consolidation involves revoking 1 or more existing instruments and making a new instrument with the same effect as the revoked instruments and any further effect authorised by relevant empowering provisions. Only the new or amended parts of the new instrument need to satisfy all the requirements for making those parts. The revoked (and remade) parts need only satisfy the requirements for publication.

Part 26 amends the Oaths and Declarations Act 1957.

Clause 81 amends section 9, which lists the persons before whom a declaration may be made in New Zealand. The amendment adds to the list a Registrar and Deputy Registrar of the Māori Land Court who, by a notice issued in the Gazette on 25 June 1992 at p 2181 under section 9(1)(f), are authorised to take declarations.

Part 27 amends the Port Companies Act 1988 (the principal Act).

Clause 83 amends section 20, which applies certain provisions of the principal Act to related and associated companies. Section 20(1) contains cross-references to subsections in section 4 (subsections (1), (3), (6), and (7)) that have been repealed. The amendment deletes those cross-references.

Part 28 amends the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009.

Clause 85 amends the definition of deferred selection property to include, as a further deferred selection property, a property (Thorndon School) that is listed in subpart I of Part 4 of the provisions schedule of the deed of settlement.

Part 29 amends the Prisoners’ and Victims’ Claims Act 2005.

Clause 87 amends section 28 to provide that the victim’s claim form must be approved by the chief executive of the Ministry of Justice after consulting the Chief District Court Judge instead of being approved by the Secretary for Justice.

Part 30 amends the Privacy Act 2020 (the principal Act).

Clause 89 amends section 11, which sets out when an agency holds information as agent for another agency. The amendment clarifies that an agency holds information on behalf of another agency whether or not it holds the information in the capacity as a representative or an agent.

Clause 90 amends section 107, which empowers the Chairperson of the Human Rights Review Tribunal (the Tribunal) to make an interim order suspending an access direction until an appeal is determined. The substantive amendment clarifies that an order may be made under section 107 whether or not the Chairperson or a Deputy Chairperson of the Tribunal makes an interim order under section 95 of the Human Rights Act 1993 (see the amendment to section 111 below).

Clause 91 amends section 111 to apply sections 95 and 96 of the Human Rights Act 1993 to proceedings under sections 97, 98, 104, and 105 of the principal Act. The effect of this amendment is that in proceedings under any of the latter sections, the Chairperson or a Deputy Chairperson of the Tribunal is able to make an interim order to preserve the position of the parties pending a final determination of the proceedings that, on the application of the defendant, may be varied or rescinded by the High Court.

Clauses 92 and 93 amend sections 120 and 121 to include a reference to officers of an agency. These amendments ensure that officers of an agency, as well as employees, members, and agents of an agency, will not be individually liable for an agency’s failure to notify a notifiable breach.

Clause 94 amends section 132, which empowers the Chairperson of the Tribunal to make an interim order suspending all or part of a compliance notice until an appeal is determined. The substantive amendment clarifies that an order may be made under this section whether or not the Chairperson or Deputy Chairperson of the Tribunal makes an interim order under section 95 of the Human Rights Act 1993 (see the amendment to section 134 below).

Clause 95 amends section 134 to apply sections 95 and 96 of the Human Rights Act 1993 to proceedings under subpart 2 of Part 6 of the principal Act (compliance notices). The effect of this is that in proceedings relating to compliance notices, the Chairperson or Deputy Chairperson of the Tribunal is able to make an interim order to preserve the position of the parties pending a final determination of the proceedings that, on the application of the defendant, may be varied or rescinded by the High Court.

Clause 96 amends section 208 to enable the Privacy Commissioner to consult the Independent Police Conduct Authority about any matter relating to the Commissioner’s functions under the principal Act. Currently, the class of persons the Commissioner may consult under section 208 is limited to an Ombudsman, the Health and Disability Commissioner, and the Inspector-General of Intelligence and Security.

Part 31 amends the Public Finance Act 1989.

Clause 98 amends section 45M, which applies certain provisions of the Crown Entities Act 2004 to Schedule 4 organisations. The amendments correct the references to the sections that are applied.

Part 32 amends the Railways Act 2005 (the principal Act).

Clause 100 amends section 94, which provides for methods of giving, serving, or providing notices or other documents under the principal Act. The amendments remove the references to registered post as registered post is no longer offered as a means of sending items by post.

Part 33 amends the Residential Tenancies Act 1986 (the principal Act).

Clause 102 amends section 74 to correct a cross-reference. The Residential Tenancies Amendment Act 2020 inserted section 95A, which contains powers for the Tenancy Tribunal to make suppression orders, into the principal Act, and repealed section 95(3).

Part 34 amends the Resource Management Act 1991.

Clause 104 amends section 46A(2) to clarify that the definition of national direction applies to section 46B, which authorises a national direction to incorporate material by reference.

Clause 105 repeals section 277A. Appeals can no longer be brought by way of rehearing under clause 60 of Schedule 1.

Part 35 amends the Retirement Villages Act 2003.

Clause 107 amends section 30 to provide that it is the operator’s obligation to ensure that the intending resident has received the information specified in section 30(1) before any occupation right agreement can be entered into.

Part 36 amends the Returning Offenders (Management and Information) Act 2015 (the principal Act).

The amendments arise from the Justice Committee’s September 2019 report on its review of the operation of the principal Act. The report included a recommendation that the Government consider amendments “to specifically provide for a determination to be revoked where there is a change in the relevant circumstances of a returning offender” and, in particular, where their overseas conviction is quashed, or they are pardoned. In the Government response to the report, presented on 16 December 2019, the Government supported the recommended amendments, noting that they would be sought to be included in the next Statutes Amendment Bill.

Clause 109 amends section 4(1). The amendment inserts new definitions, used in new sections 23A and 34A inserted by Part 36, of the following 2 terms:

• overturned, in relation to a conviction for an overseas jurisdiction offence:

• pardoned, in relation to a person and an overseas jurisdiction offence.

Clause 110 inserts new section 23A. New section 23A requires the Commissioner of Police to revoke a determination that a person is a returning prisoner. The Commissioner must revoke the determination if, after considering information provided by or on behalf of the person, the Commissioner is satisfied—

• that the person has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and

• that the determination was made in respect of the conviction; and

• that the conviction has been overturned, or that the person has been pardoned for that overseas jurisdiction offence.

After the revocation, the person—

• is no longer a returning prisoner because of the determination; and

• is no longer subject to, and required to comply with, standard release conditions because of service on the person of a determination notice related to the determination; and

• is no longer required to comply with any special conditions, or interim special conditions, imposed on the person by the District Court because of the determination.

Clause 111 inserts new section 34A. New section 34A(1) requires the chief executive of the Department of Corrections to make an application to the District Court to revoke conditions imposed under subpart 3 of Part 2 on a person. The chief executive must make the application if, after considering information provided by or on behalf of the person, the chief executive is satisfied—

• that the person has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand; and

• that the conditions were imposed under that subpart by a court in respect of the conviction; and

• that the conviction has been overturned, or that the person has been pardoned for that overseas jurisdiction offence.

New section 34A(2) requires the court, on the application, to revoke the conditions if satisfied of the matters specified in new section 34A(1)(a), (b), and (c).

New section 34A(4) ensures that, after the revocation, the person is no longer required to comply with any conditions imposed on the person by the District Court under section 33(1) because of the conviction.

Part 37 amends the Sale and Supply of Alcohol Act 2012.

Clause 113 amends section 178 to require the Alcohol Regulatory and Licensing Authority (the authority) to submit an annual report to the Minister of Justice (the Minister) within 6 months after the end of its financial year. At present, the authority is required to report to the Minister within 3 months after the end of its financial year, the same period within which territorial authorities are required to submit their annual reports to the authority. This amendment will ensure that information provided to the House of Representatives in the authority’s report will be able to include all of the information that the territorial authorities provide.

Part 38 amends the Senior Courts Act 2016.

Clause 115 inserts a new paragraph (j) into section 20(2), providing an Associate Judge of the High Court with the jurisdiction to make a liquidation order for a limited partnership under section 89 of the Limited Partnerships Act 2008.

Clause 116 inserts new section 44A, which re-enacts the previously repealed section 3 of the Judicature Amendment Act 1910. The effect of the provision is to give the High Court (and Court of Appeal and Supreme Court) the power to direct a person to execute a conveyance, contract, or other document, or to endorse a negotiable instrument, if the person originally directed by the court to carry out this role failed to do so.

Clause 117 amends section 114(2) by replacing paragraphs (a) to (c) with new paragraphs (a) and (b). The replacement paragraphs set out who may be appointed as an acting Associate Judge. They differ from the current provisions by no longer including a person who is eligible to be appointed as an Associate Judge and by imposing an age limit of 75 years on former District Court Judges.

Clause 118 amends section 138 as a consequence of the amendment made to section 114.

Part 39 amends the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017.

Clause 120 amends Schedule 3 to ensure that Te Pou Tupua does not, at the end of the term of office of an appointee, have a vacancy in the event that a reappointment or new appointment cannot be made before the expiry of the appointment.

Part 40 amends the Unit Titles Act 2010.

Clause 122 amends section 88, which relates to meetings. The amendment expands the effect of existing section 88(3)(a), which will be repealed 12 weeks after the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked, and clarifies that, as well as being able to attend meetings by audio link or audiovisual link (or other remote access facility), members of a body corporate or a body corporate committee may vote by audio link, audiovisual link, or other remote access facility at a general meeting or a committee meeting. New section 88(4) requires that meetings conducted under section 88 comply with any procedures or other matters prescribed in the regulations.

Part 41 amends the Wine Act 2003

Clause 124 inserts new section 120B. The new section allows certain secondary legislation or published instruments made by the same maker to be consolidated. The maker is the Minister for Food Safety or the Director-General (the chief executive of MPI). Consolidation involves revoking 1 or more existing instruments and making a new instrument with the same effect as the revoked instruments and any further effect authorised by relevant empowering provisions. Only the new or amended parts of the new instrument need to satisfy all the requirements for making those parts. The revoked (and remade) parts need only satisfy the requirements for publication.

Clause 125 inserts new Part 2 containing new clause 6 into Schedule 1, which contains transitional provisions. The new clause excludes new section 120B from applying to existing notices that are not continuing notices under clause 3 of Schedule 1. Any remaining notices of that type will be revoked by clause 4(3) of Schedule 1.