Legislature Act 1908 Preamble 1. Short Title, etc Division I. The Legislative Council 2-11. [Repealed] Division II 12-241. [Repealed] Division III. Privileges of Parliament A. Privileges generally 242. Privileges of House of Representatives. Journals as evidence 243-251. [Repealed] B. Parliamentary witnesses 252. Right to administer oaths 253. Indemnity to witness. Immunities and privileges C. Hansard 253A. Hansard D. Other privileges 254-256. [Repealed] 257. Interpretation. Exemption of members and officers from attendance as witnesses 258. Exemption of members and officers bound by recognisance 259. Court to make inquiry and grant exemption 260. Exemption of Speaker from attendance on Courts 261. Application to Speaker for exemption from attendance in civil Courts 262. Application by members and officers bound by recognisance 263. Speaker to make inquiry and grant certificate 264. Effect of certificate 265. Adjournment of civil proceedings against members and officers 266. Court may make inquiry and adjourn case 267. Service of process of Courts not of record 268. Court to take judicial notice of signature of Speaker 269. Leave to members and officers to attend Court 270. [Repealed] 271. [Repealed] Division IV. Private, local, and private estates bills 272-284. [Repealed] Schedule 1. Enactments consolidated Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 A. HOUSE OF REPRESENTATIVES Schedule 7 Amendment Act 1. Legislature Amendment Act 1992 1. Short Title and commencement 2. Interpretation 3. Act to bind the Crown 4. Stay of proceedings where publication made by order of House of Representatives 5. Stay of proceedings in respect of copy of Parliamentary paper Judicature Act 1908 Preamble 1. Short Title, etc 2. Interpretation Part 1. The High Court A. Constitution of the court 3. Supreme Court reconstituted as High Court 4. The Judges of the High Court 4A. Chief High Court Judge 4B. Functions of Chief High Court Judge 4C. Judges of High Court act on full-time basis but may be authorised to act part-time 5. Senior Judge to act as Chief Justice in certain circumstances 6. Judges to be barristers or solicitors 7. Commissions of Judges to continue during good behaviour 8. Judges may be removed or suspended on address of both Houses of Assembly to the Queen 9. Governor may suspend Judge when Parliament not sitting 9A. Salaries and allowances of Judges 10. Salaries of Judges not to be diminished 11. Temporary Judges 11A. Former Judges 11B. Certificate by Chief Justice and Chief High Court Judge 12. Superannuation allowance of Judges 13. Age of retirement 14. Rights on retirement before attaining retiring age 15. How superannuation allowances of the existing Judges to be computed B. Jurisdiction of the court 16. General jurisdiction 16A. Power to award damages as well as, or in substitution for, injunction or specific performance 17. Jurisdiction as to mentally disordered persons, etc 17A. Jurisdiction as to liquidation of associations 17B. Application of Companies Act 1993 17C. Meaning of inability to pay debts 17D. Power of liquidator to enforce liabilities 17E. Actions stayed on liquidation 18. No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840 19. Powers of the court may be exercised by 1 or more Judges 19A. Certain civil proceedings may be tried by jury 19B. All other civil proceedings to be tried before Judge alone, unless court otherwise orders 19C. Questions of foreign law to be decided by Judge 20. Governor in Council may divide New Zealand into districts 21. Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure 22. How applications to be made when Judge absent or unable to act 23. Governor-General may appoint special sittings 23A. Offices of the High Court 24. Registrar may act for Judge in certain cases C. Commercial list 24A. Establishment of commercial list 24B. Proceedings eligible for commercial list 24C. Commercial list Judges 24D. Directions for speedy determination of real questions in proceedings on commercial list 24E. Agreement not to appeal 24F. Proceedings not to be tried by jury 24G. Restriction of right of appeal from interlocutory decisions D. Administrative Division of the court 25. Administrative Division of the High Court 26. Jurisdiction of Administrative Division 26A. Lay members or assessors in certain cases 26B. Rules relating to Administrative Division E. Associate Judges of the High Court 26C. Appointment of Associate Judges 26D. Associate Judges act on full-time basis but may be authorised to act part-time 26E. Vacation of office 26F. Salaries and allowances of Associate Judges 26G. Superannuation or retiring allowances of Associate Judges 26H. Temporary Associate Judges 26I. Associate Judge may exercise certain powers of the court 26IA. Ancillary powers of Associate Judge 26IB. Judge or Associate Judge may, by video link, preside at hearing of specified matters 26J. Power to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges 26K. Power of Associate Judge to deal with witnesses and to punish for contempt 26L. Associate Judge to have no power to make order for committal, attachment, or arrest 26M. Associate Judge may act as referee 26N. Transfer of proceedings from Associate Judge to Judge 26O. Power of Associate Judge to adjourn proceedings 26P. Review of, or appeals against, decisions of Associate Judges 26Q. Immunity of Associate Judges 26R. Jurisdiction of Judge not affected F. Officers 27. Appointment of officers Subpart 1. Registrars 28. Powers of Registrars Subpart 2. Sheriffs 29. Sheriffs and Deputy Sheriffs 30. Sheriff’s oath 31. Sureties may withdraw 32. Duties, etc, of Sheriffs 33. Sheriff to act as Queen’s bailiff 34. Sheriff not to act as barrister or solicitor 35. Service of process when Sheriff disqualified 36. Persons arrested by Sheriffs may be committed to prison at once Subpart 3. Poundage and fees 37. Calculation of Sheriff’s poundage 38. Appointment of, and oath taken by, appraiser 39. Goods defined 40. Sheriffs’ and poundage fees 41. Fee in special cases 42. Fees to be paid into Crown Bank Account Subpart 4. Deputy Sheriffs and Acting Sheriffs 43. Where Sheriff not present at sitting of court, duties of Sheriff may be performed by any person appointed by the court or Judge 44. Provision in cases of vacancy in office of Sheriff 45. Governor may appoint Deputy Sheriffs 46. When Deputies to act Subpart 5. Commissioners to administer oaths 47. Commissioners to take affidavits, etc, out of New Zealand 48. Affidavits, etc, so taken to be of like effect as if taken in New Zealand 49. Commission may be revoked Subpart 6. Practice and procedure of the court 50. Seal of the court 51. High Court Rules 51A. Publication of High Court Rules under Legislation Act 2012 51B. Rules Committee 51C. Power to make rules 51D. Rules of court under other Acts to be made in manner provided by this Act 51E. Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court 51F. Power to make rules conferring specified jurisdiction and powers of Judge on Registrars or Deputy Registrars 51G. Jurisdiction of court to award costs in all cases 52. Power of Judge to hold or adjourn sitting 53. Fees to be paid into Crown Bank Account 54. Service of process on Sundays void 54A. Verdict of three-fourths 54B. Discharge of juror or jury G. Miscellaneous rules of law and of practice Subpart 1. Habeas corpus 54C. Procedure in respect of habeas corpus Subpart 2. Absconding debtors 55. Power under certain circumstances to arrest defendant about to quit New Zealand Subpart 3. Foreign creditors 56. Memorials of judgments obtained out of New Zealand may be registered Subpart 4. Witnesses 56A. Failure of witness to attend 56B. Refusal of witness to give evidence 56BB. Witnesses entitled to expenses Subpart 5. Contempt of court 56C. Contempt of court Subpart 6. Immigration matters 56CA. Judicial review of decisions under Immigration Act 1987 Part 1A. Special provisions applying to certain proceedings in the High Court and the Federal Court of Australia 56D. Interpretation 56DB. Trans-Tasman Proceedings Act 2010 does not affect this Part 56DC. Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part 56E. High Court may order New Zealand proceedings to be heard in Australia 56F. Australian counsel entitled to practise in High Court 56G. High Court may set aside subpoena issued in New Zealand proceeding 56H. Injunctions and orders in New Zealand proceedings 56I. Issue of subpoenas in New Zealand proceedings 56J. Powers of Federal Court of Australia 56K. Issue of subpoenas in Australian proceedings 56L. Failure of witness to comply with subpoena issued in Australian proceeding 56M. Federal Court of Australia may administer oaths in New Zealand 56N. Orders made by Federal Court of Australia not subject to review 56O. Contempt of Federal Court of Australia 56P. Arrangements to facilitate sittings 56Q. Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings 56R. High Court may take evidence at request of Federal Court 56S. Power to make rules for purposes of this Part Part 2. The Court of Appeal A. Constitution of the court 57. Constitution of Court of Appeal 57A. Judges of Court of Appeal act on full-time basis but may be authorised to act part-time 58. Court of Appeal to sit in divisions 58A. Composition of criminal appeals division or divisions 58B. Composition of civil appeals division or divisions 58C. Assignment of Judges to divisions 58D. Court of Appeal to sit as full court in certain cases 58E. Cases of sufficient significance for full court 58F. High Court Judges sitting on full court 58G. Authority of High Court Judges 59. Judgment of Court of Appeal 60. Sittings of Court of Appeal 60A. Court of Appeal may sit in divisions 61. Adjournment in cases of absence of some of the Judges 61A. Incidental orders and directions may be made and given by 1 Judge 62. Power to remit proceedings to the High Court 63. Judgments of Court of Appeal may be enforced by the High Court B. Civil jurisdiction Subpart 1. Removal of proceedings from the High Court 64. Transfer of civil proceedings from High Court to Court of Appeal 65. Decision of Court of Appeal final as regards tribunals of New Zealand Subpart 2. Appeals from decisions of the High Court 66. Court may hear appeals from judgments and orders of the High Court Subpart 3. Appeals from inferior courts 67. Appeals against decisions of High Court on appeal 68. Direct appeal from decision of inferior courts C. Criminal jurisdiction Subpart 1. Trial at bar 69. Trial at bar Subpart 2. Appeals from convictions 70. Appeal from judgment of Supreme Court on conviction D. Miscellaneous 71. Rules of practice 72. Appointment of officers 73. Powers and duties of officers 74. Court seal 75. Power to fix fees Part 3. Rules and provisions of law in judicial matters generally Subpart 1. Removal of technical defects 76. Power to courts to amend mistakes and supply omissions in warrants, orders, etc Subpart 2. Limitation of actions 77. Limitation of actions for merchants’ accounts 78. Limitation not barred by claims subsequently arising 79. Absence beyond seas or imprisonment of a creditor not to be a disability 80. Period of limitation to run as to joint debtors in New Zealand, though some are beyond seas 81. Judgment recovered against joint debtors in New Zealand to be no bar to proceeding against others beyond seas after their return 82. Part payment by one contractor, etc, not to prevent bar in favour of another contractor, etc Subpart 3. Sureties 83. Consideration for guarantee need not appear by writing 84. A surety who discharges the liability to be entitled to assignment of all securities held by the creditor 85. Rights of surety in such case 86. Rights of co-sureties, etc, as between themselves Subpart 4. Interest on money 87. Interest on debts and damages Subpart 5. Lost instruments 88. Actions on lost instruments Subpart 6. Continued exercise of powers by judicial officers 88A. Judicial officers to continue in office to complete proceedings Subpart 7. Miscellaneous provisions and rules of law 88B. Restriction on institution of vexatious actions 89. Administration suits 90. Stipulations not of the essence of contracts 91. Damages by collision at sea 92. Discharge of debt by acceptance of part in satisfaction 93. Provisions of 9 Geo IV, c 14, ss 1 and 8, extended to acknowledgments by agents 94. Judgment against one of several persons jointly liable not a bar to action against others 94A. Recovery of payments made under mistake of law 94B. Payments made under mistake of law or fact not always recoverable 95. Limitation of time within which wills may be impeached 96. Jurisdiction as to costs in administration suits 97. Court empowered to grant special relief in cases of encroachment 98. Custody and education of infants 98A. Proceedings in lieu of writs 99. In cases of conflict rules of equity to prevail 99A. Costs where intervener or counsel assisting court appears 99B. Technical advisers 99C. Appointment and other matters 99D. Procedure and rules relating to technical advisers 100. Independent medical examination 100A. Regulations 100B. Reviews of decisions of Registrars concerning fees 101. Words imputing unchastity to women actionable without special damage Schedule 1. Enactments Consolidated Schedule 2. High Court Rules Schedule 3. Rules of the Court of Appeal Amendment Act 1. Judicature Amendment Act 1910 1. Short Title 3. Execution of instruments by order of the High Court 4. Court or Judge to have discretion in cases coming within paragraphs (c) and (d) of section 3 of the Imprisonment for Debt Limitation Act 1908 Amendment Act 2. Judicature Amendment Act 1952 1. Short Title 2. Offices of the High Court Amendment Act 3. Judicature Amendment Act 1972 1. Short Title Part 1. Single procedure for the judicial review of the exercise of or failure to exercise a statutory power 2. Relation to Part 1 of principal Act and commencement of this Part 3. Interpretation 3A. Jurisdiction of Employment Court 4. Application for review 5. Defects in form, or technical irregularities 6. Disposal of proceedings for mandamus, prohibition, or certiorari 7. Disposal of proceedings for declaration or injunction 8. Interim orders 9. Procedure 10. Powers of Judge to call conference and give directions 11. Appeals 13. This Part to bind the Crown 14. Application of Crown Proceedings Act 1950 16. References in enactments Part 2. Miscellaneous amendments 20. Sheriffs and Deputy Sheriffs Amendment Act 4. Judicature Amendment Act 1997 1. Short Title 4. Validations Treaty of Waitangi Act 1975 Preamble 1. Short Title 2. Interpretation 3. Act to bind Crown 4. Waitangi Tribunal 4A. Deputy Chairperson 4B. Appointment of Judge not to affect tenure, etc 5. Functions of Tribunal 6. Jurisdiction of Tribunal to consider claims 6AA. Limitation of Tribunal’s jurisdiction in relation to historical Treaty claims 6A. Power of Tribunal to state case for Maori Appellate Court or Maori Land Court 7. Tribunal may refuse to inquire into claim 8. Jurisdiction of Tribunal to consider proposed legislation 8A. Recommendations in respect of land transferred to or vested in State enterprise 8B. Interim recommendations in respect of land transferred to or vested in State enterprise 8C. Right to be heard on question in relation to land transferred to or vested in State enterprise 8D. Special power of Tribunal to recommend that land be no longer liable to resumption 8E. Issue of certificate on recommendation of Tribunal 8F. Directions as to service 8G. Public notice 8H. Service of decision Subpart 1. Recommendations in relation to Crown forest land 8HA. Interpretation of certain terms 8HB. Recommendations of Tribunal in respect of Crown forest land 8HC. Interim recommendations in respect of Crown forest land 8HD. Right to be heard on question in relation to Crown forest land 8HE. Special power of Tribunal to recommend that land not be liable to be returned to Maori ownership 8HF. Issue of certificate on recommendation of Tribunal 8HG. Directions as to service 8HH. Public notice 8HI. Service of decision Subpart 2. Recommendations in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990 8HJ. Claims relating to land vested under New Zealand Railways Corporation Restructuring Act 1990 8I. Annual report on implementation of recommendations 9. Right to petition House of Representatives unaffected Schedule 1. Treaty of Waitangi The Text in English Article the First Article the Second Article the Third Signed The Text in Maori Schedules 2-3 [Schedules omitted due to length – full text can be found online at http://www.legislation.govt.nz/act/public/1975/0114/latest/whole.html#DLM1347539] Letters Patent Constituting the Office of Governor-General of New Zealand Preamble 1. Office of Governor-General and Commander-in-Chief constituted 2. Appointment of Governor-General and Commander-in-Chief 3. Governor-General’s powers and authorities 4. Manner in which Governor-General’s powers and authorities are to be executed 5. Publication of Governor-General’s Commission 6. Oaths to be taken by Governor-General 7. Constitution of Executive Council 8. Membership of Executive Council 9. Quorum of Executive Council 10. Appointment of members of Executive Council, etc 11. Exercise of prerogative of mercy 12. Administrator of the Government 13. Oaths to be taken by Administrator of the Government 14. Powers and authorities of Governor-General not abridged 15. Governor-General’s absence 16. Ministers to keep Governor-General informed 17. Ministers and others to obey, aid, and assist Governor-General 18. Power reserved to Her Majesty to revoke, alter, or amend the present Letters Patent 19. Present Letters Patent to have effect as law Constitution Act 1986 Preamble 1. Short Title and commencement Part 1. The Sovereign 2. Head of State 3. Exercise of royal powers by the Sovereign or the Governor-General 3A. Advice and consent of Executive Council 3B. Exercise of powers and duties by Administrator 4. Regency 5. Demise of the Crown Part 2. The Executive 6. Ministers of Crown to be members of Parliament 7. Power of member of Executive Council to exercise Minister’s powers 8. Appointment of Parliamentary Under-Secretaries 9. Functions of Parliamentary Under-Secretaries 9A. Solicitor-General may perform functions of Attorney-General 9B. Appointment of person to act in place of Solicitor-General 9C. Delegation of powers of Attorney-General and Solicitor-General Part 3. The Legislature A. The House of Representatives 10. House of Representatives 11. Oath of allegiance to be taken by members of Parliament 12. Election of Speaker 13. Speaker to continue in office notwithstanding dissolution or expiration of Parliament B. Parliament 14. Parliament 15. Power of Parliament to make laws 16. Royal assent to Bills 17. Term of Parliament 18. Summoning, proroguing, and dissolution of Parliament 19. First meeting of Parliament after general election 20. Lapse or reinstatement of parliamentary business C. Parliament and public finance 21. Bills appropriating public money 22. Parliamentary control of public finance Part 4. The Judiciary 23. Protection of Judges against removal from office 24. Salaries of Judges not to be reduced Part 5. Miscellaneous provisions 25. General Assembly Library to be known as the Parliamentary Library 26. United Kingdom enactments ceasing to have effect as part of the law of New Zealand 27. Consequential amendments to other enactments 28. Repeals 29. Transitional and consequential provisions relating to Parliament Schedule 1. Consequential amendments Schedule 2. Enactments repealed New Zealand Bill of Rights Act 1990 Preamble 1. Short Title and commencement Part 1. General provisions 2. Rights affirmed 3. Application 4. Other enactments not affected 5. Justified limitations 6. Interpretation consistent with Bill of Rights to be preferred 7. Attorney-General to report to Parliament where Bill appears to be inconsistent with Bill of Rights Part 2. Civil and political rights Subpart 1. Life and security of the person 8. Right not to be deprived of life 9. Right not to be subjected to torture or cruel treatment 10. Right not to be subjected to medical or scientific experimentation 11. Right to refuse to undergo medical treatment Subpart 2. Democratic and civil rights 12. Electoral rights 13. Freedom of thought, conscience, and religion 14. Freedom of expression 15. Manifestation of religion and belief 16. Freedom of peaceful assembly 17. Freedom of association 18. Freedom of movement Subpart 3. Non-discrimination and minority rights 19. Freedom from discrimination 20. Rights of minorities Subpart 4. Search, arrest, and detention 21. Unreasonable search and seizure 22. Liberty of the person 23. Rights of persons arrested or detained 24. Rights of persons charged 25. Minimum standards of criminal procedure 26. Retroactive penalties and double jeopardy 27. Right to justice Part 3. Miscellaneous provisions 28. Other rights and freedoms not affected 29. Application to legal persons Electoral Act 1993 Preamble 1. Short Title 2. Commencement 3. Interpretation 3A. Meaning of election advertisement 3B. Meaning of regulated period 3C. Electoral Commission to publish details relating to regulated period 3D. Meaning of publish 3E. Meaning of advertising expenses Subpart 1. Extraterritorial application 3F. Application of Act to conduct outside New Zealand Part 1. Electoral Commission 4. Electoral Commission 4A. Crown Entities Act 2004 to apply 4B. Electoral Commission 4C. Objective 4D. Membership of Electoral Commission 4E. Appointment of Judge as member not to affect tenure, etc 4F. Resignation of member 4G. Power to remove or suspend members 4H. Filling of vacancy 4I. Deputy Electoral Commissioners 4J. Proceedings of Electoral Commission 5. Functions 6. Powers of Electoral Commission 7. Independence 8. Electoral Commission must report on general election 9. Electoral Commission may delegate functions or powers to electoral officials engaged by Commission 9A. Ownership of intellectual property developed by delegates of functions or powers 10. Term of office 11. Vacation of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989 11A. Appointment of deputies 11B. Status of deputies 11C. Protection from civil liability 12. Delegation of Commission’s powers 13. Procedure 14. Proceedings of Electoral Commission 15. Annual report Part 2. Officers 16. Clerk of the Writs 17. Deputy Clerk of the Writs 18. Chief Electoral Officer 19. Deputy Chief Electoral Officer 20. Electoral officials 20A. Electoral officials under direction of Electoral Commission 20B. Designation of Returning Officers 20C. Returning Officers may delegate functions, duties, or powers 20CA. Powers of delegate 20CB. Effect of delegation on Returning Officer 20CC. Revocation of delegations 20D. State sector agencies to assist with administration of elections 21. Chief Registrar of Electors 22. Registrar of Electors 23. Appropriation of expenses of New Zealand Post Limited 24. Employees appointed by Chief Electoral Officer 25. General provision as to Returning Officers 26. Returning Officer to make declaration Part 3. The House of Representatives 27. Members of Parliament Subpart 1. Representation Commission 28. Representation Commission 29. Term of office 30. Extraordinary vacancies 31. Remuneration and travelling allowances 32. Deputies of appointed members 33. Deputies of ex officio members 34. Submissions 35. Division of New Zealand into General electoral districts 36. Allowance for adjustment of quota 37. Classification of electoral districts for purposes of pay or allowances 38. Notice of proposed boundaries and classification 39. Communications to officials 40. Report of Commission 41. Report and maps to be laid before House of Representatives 42. Indexes of streets and places 43. Proceedings of Commission 44. Commissioner not eligible as member of House of Representatives Subpart 2. Maori representation 45. Maori representation Subpart 3. Chatham Islands 46. Electoral districts for and polling in Chatham Islands Subpart 4. Qualifications of candidates and members 47. Registered electors may be members, unless disqualified 47A. Certain persons disqualified from candidacy 48. Offence for public servant or Returning Officer to sit 49. Candidate not disqualified if name removed from roll without cause 50. Effect of registration on wrong roll 51. Member ceasing to be elector 52. Candidacy and election of State servants 53. Members disqualified from being State servants Subpart 5. Term of office of member of Parliament 54. Term of office of member of Parliament Subpart 6. Vacancies 55. How vacancies created 55AA. Dual or multiple citizenship permissible in certain circumstances 55A. Member ceasing to be parliamentary member of political party 55B. Notice from member 55C. Notice from parliamentary leader of party 55D. Form of statement to be made by parliamentary leader 55E. Definitions 56. Member becoming mentally disordered 57. Registrar of court to notify cause of vacancy in certain cases 58. Registrar of Births and Deaths to notify Speaker of death of member 59. No person to be candidate for more than 1 district or on more than 1 list Subpart 7. Persons qualified to vote 60. Who may vote 61. Special voters Part 4. Registration of political parties and party logos Subpart 1. Registration of political parties 62. Register of Political Parties 63. Application for registration 63A. Application fee 64. Times when registration prohibited 65. Parties with certain names not to be registered 65A. Certain logos not to be registered 66. Other grounds on which registration may be refused 67. Registration 67A. Registration of party logos 68. Inspection of Register 68A. Inspection of party logos 69. Changes to Register 69A. Changes to party logos 70. Cancellation of registration 70A. Cancellation of registration of party logo 71. Requirement for registered parties to follow democratic procedures in candidate selection 71A. Obligation to provide annual declaration regarding party 71B. Obligation to provide copy of party membership rules and candidate selection rules Subpart 2. Registration of party logos 71C. Application for registration of party logo 71D. Grounds on which registration refused 71E. Times when registration of party logos prohibited 71F. Registration of party logos 71G. Inspection of party logos 71H. Changes to party logos 71I. Cancellation of registration of party logo Part 5. Registration of electors 72. Rules for determining place of residence within New Zealand 73. Meaning of permanent resident of New Zealand Subpart 1. Qualification of electors 74. Qualification of electors 75. Registration in respect of more than 1 electoral district 76. Maori option 77. Periodic exercise of Maori option and determination of Maori population 78. Exercise of Maori option 79. Restriction on transfer between General and Maori electoral rolls 80. Disqualifications for registration 81. Detention in prison pursuant to sentence of imprisonment Subpart 2. Registration 82. Compulsory registration of electors 83. Application for registration 83A. Procedure following inquiry under section 83 83B. No form of inquiry required if application for registration as elector received 83C. Elector who cannot be contacted to be included in dormant roll 83D. Transfer of electors between electorates 84. Registration of persons outside New Zealand 85. Registration of persons who have physical or mental impairment 86. Representatives 87. Procedure if immigration status means applicant apparently not qualified to be registered 88. Applications received after issue of writ 89. Procedure following application for registration 89A. Notice of registration Subpart 2A. Change of address 89B. Elector must give notice of change of place of residence within electoral district 89C. Elector must give notice of change of place of residence to different electoral district Subpart 2B. Updating of electoral rolls 89D. Inquiry to be made to update electoral rolls 89E. No inquiry required if application for registration as elector received 89F. Procedure following inquiry under section 89D 89G. Elector who cannot be contacted to be included in dormant roll Subpart 3. Changes of address 90. Changes of address to be notified 91. Effect of failure to notify change of address Subpart 4. Death of registered elector 92. Notification of death of registered elector Subpart 5. Marriage or civil union of registered elector 93. Notification of marriages and civil unions Subpart 6. Change of name of registered elector 94. Notification of change of name Subpart 7. Confirmation of change of name, address, or other particulars 94A. Confirmation of change of name, address, or other particulars Subpart 8. Objections to registration 95. Elector’s objection 95A. Notice of elector’s objection 95B. Power to remove name from roll 95C. Power to retain name on roll 95D. Reference of elector’s objection to District Court 96. Registrar’s objection 97. Procedure on reference of application or objection to District Court Subpart 9. Removal of names from roll and alterations to roll 98. Removal of names from roll by Registrar 99. Notice of alterations to roll 100. Corrupt Practices List Subpart 10. Electoral rolls 101. Electoral rolls 102. Maintenance of rolls being replaced 103. Rolls where Parliament dissolved after change of boundaries and before new rolls completed 104. Main roll to be printed 105. Supplementary rolls to be printed 106. Form of main roll and supplementary rolls 107. Composite rolls 108. Habitation indexes 109. Dormant roll 110. Public inspection of rolls, etc 111. Inspection of rolls at hui 111A. Objectives of sections 111B to 111F 111B. Interpretation of terms in sections 111C to 111F 111C. Electoral Commission may seek consent of Maori electors to supply of information to designated body 111D. Electoral Commission may supply information to designated body 111E. Ministers of Justice and Maori Affairs may designate body to receive information 111F. Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation 112. Supply of information on age and Maori descent 113. Supply of computer-compiled lists and electronic storage media to local authorities 114. Supply of electoral information to candidates, political parties, and members of Parliament 114A. General provision concerning supply of information by Electoral Commission in electronic form 115. Unpublished names Subpart 11. Offences 116. Offences relating to use of electoral information 117. Offences in respect of manipulating or processing electoral information 117A. Offence relating to misuse of electoral information supplied under section 111D 118. False statements 119. Wilfully misleading Registrar 120. Duty to report suspected offences 121. Failure to deliver application Subpart 12. Miscellaneous provisions 122. Assistance to be given to Registrar 123. Copies of rolls for Returning Officer 124. Power to destroy records Part 6. Elections Subpart 1. General elections 125. Writ for general election 126. Writs for general election 127. Election of list candidates 127A. Deposit by party secretary 128. Acceptance or rejection of lists by Electoral Commission 128A. Notice of change in component parties 128B. Electoral Commission must record and notify change in component parties 128C. Withdrawal of list of candidates Subpart 2. By-elections for vacancies in seats of members representing electoral districts 129. By-elections for members representing electoral districts 130. When Governor-General to act for Speaker 131. Power to resolve in certain cases that by-election not be held 132. Writ for by-election 133. No writ to issue pending election petition Subpart 3. Filling of vacancies in other seats 134. Supply of vacancy of seat of member elected from party list 135. When Governor-General to act for Speaker 136. Power to resolve in certain cases not to supply vacancy 137. Method of supplying vacancy 138. Filing of return Subpart 4. Issue of writ 139. Contents of writ 140. Chief Registrar to be notified of writ 141. Returning Officer to be notified of writ 142. Returning Officer to give public notice of polling day, nomination day, and nomination process Subpart 5. Nominations 143. Nominations of candidates for electoral districts 144. Deposit by candidate 145. Acceptance or rejection of nomination 146. Withdrawal of nomination Subpart 6. Bulk nomination of candidates by registered political parties 146A. Purpose of sections 146B to 146L 146B. Notice of intention to lodge bulk nomination 146C. Effect of notification of intention to lodge bulk nomination on nominations under section 143 146D. Bulk nomination of constituency candidates 146E. Bulk nomination schedule 146F. Deposit payable in respect of bulk nomination schedule 146G. Acceptance or rejection of bulk nomination schedule or nomination of candidate 146H. Amendment of bulk nomination schedule 146I. Withdrawal of bulk nomination schedule 146J. Withdrawal of nomination in bulk nomination schedule 146K. Replacement nomination if earlier nomination withdrawn or lapses 146L. Inspection of bulk nomination schedules and consents to nomination Subpart 7. Advertisements 147. Advertisement of nomination and polling places Subpart 8. Uncontested elections 148. Procedure where election not contested Subpart 9. Elections 149. Poll to be taken 150. Form of ballot papers 151. Name of political party for constituency candidates Subpart 10. Death or incapacity of candidate 151A. Interpretation 152. Death before close of nominations 152A. Incapacity of candidate before close of nominations 152B. Procedural provisions relating to making of application under section 152A(1) 152C. How application under section 152A to be dealt with 153. Death or incapacity of list candidate after submission of list 153A. Death or incapacity of constituency candidate after close of nominations and before polling day 153B. Death or incapacity of constituency candidate on polling day 153C. Death or incapacity of successful constituency candidate after close of poll and before declaration of result 153D. Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll 153E. New election to be held if writ vacated 153F. Destruction of ballot papers if by-election interrupted 153G. Application for cancellation of nomination if candidate incapacitated after close of nominations 153H. How application under section 153G to be dealt with Subpart 11. Candidates’ meetings 154. Use of public schoolrooms for election meetings Subpart 12. Polling at elections 155. Power to appoint polling places 156. Use of public schools as polling places 157. Materials for polling places 158. Appointment of polling place officials 158A. Polling place officials under direction of Electoral Commission and Returning Officer 159. Exercise of powers and duties of polling place officials 159A. Interpreters 160. Scrutineers 161. Hours of polling 162. Employees to have time off to vote Subpart 13. Voting 163. Ballot box to remain closed during poll 164. Persons not to remain in polling places 165. Voters not to be communicated with in polling place 166. Questions may be put to voters 167. Issue of ordinary ballot papers 168. Method of voting 169. Spoilt ballot papers 170. Blind, disabled, or illiterate voters 171. Procedure when second vote given in same name Subpart 14. Special voting 172. Voting by special voters 173. Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels 173A. Special voting by facsimile Subpart 15. Preliminary count of votes 174A. Ballot papers, etc, to be compiled, certified, and sent to Returning Officer 174B. No preliminary count if fewer than 6 ordinary ballot papers issued 174C. Preliminary count of early votes 174D. Conditions for counting early votes before close of poll 174E. Maintenance of secrecy of count of early votes 174F. Scrutineers for count of early votes 174G. Offences in relation to count of early votes conducted before close of poll Subpart 16. Scrutiny of the rolls 175. Scrutiny of the rolls 176. Marked copies of rolls to be compared 177. Parcels to be secured after scrutiny Subpart 17. Official count and declaration of poll 178. Counting the votes 179. Declaration of result of poll Subpart 18. Recount 180. Application to District Court Judge for recount 181. Application by political party for recount in every electoral district 182. Ability to combine recounts 183. Scrutineers for recounts and allocation of list seats 184. Ballot papers and certificate to be compared on recount Subpart 19. Return of writ 185. Endorsement and return of writ 186. Electoral Commission may correct writ Subpart 20. Disposal of ballot papers 187. Disposal of ballot papers, rolls, etc 188. Annotation of list of special voters 189. Disposal of packets 190. Papers taken from parcels as evidence in certain cases Subpart 21. List seats 191. Election of other members 192. Determination of party eligibility for list seats 193. Selection of candidates 193A. Electoral Commission may correct list of members elected Subpart 22. Maintenance of order at elections 194. Manager of polling place to maintain order Subpart 23. Adjournment of poll 195. Adjournment of poll Subpart 24. Custody of ballot papers 196. Obligation of persons in possession of ballot papers 196A. Unlawful possession of ballot paper Subpart 25. Offences at elections 197. Interfering with or influencing voters 198. Power to remove statements, names, emblems, slogans, or logos 199. Recovery of expenses 199A. Publishing false statements to influence voters 200. Erasing and altering official mark on ballot paper 201. Offences in respect of ballot papers and ballot boxes 202. Property to be stated as being in Returning Officer 203. Infringement of secrecy 204. Infringement of secrecy constitutes corrupt practice Part 6AA. Election advertising Subpart 0. Interpretation provisions 204A. Interpretation Subpart 1. General rules governing election advertisements 204B. Persons who may promote election advertisements 204C. Apportionment of advertising expenses for publication of election advertisement promoted by unregistered promoter both before and during regulated period 204D. Offence to avoid limit set out in section 204B(1)(d) 204E. Obligation to retain records necessary to verify promoter’s advertising expenses 204F. Election advertisement to include promoter statement 204G. Publication of candidate advertisement promoting candidate 204H. Publication of party advertisement promoting party 204I. Electoral Commission to provide advice on application of definition of election advertisement 204J. Duty of Electoral Commission to report suspected offences Subpart 2. Registered promoters 204K. Promoters eligible to be registered 204L. Application for registration 204M. Grounds on which application for registration must be refused 204N. Electoral Commission’s decision on application 204O. Obligation to notify Electoral Commission of change in contact details 204P. Cancellation of registration 204Q. Expiry of registration 204R. Establishment of register 204S. Purposes of register 204T. Form of register 204U. Alterations to register 204V. Register to be public 204W. Search of register 204X. When search constitutes interference with privacy of individual Part 6A. Election expenses and donations Subpart 1. Election expenses of candidates 205. Interpretation and application 205A. Persons who may incur election expenses in relation to candidate advertisement 205B. Offence to incur unauthorised election expense 205C. Maximum amount of candidate’s total election expenses 205D. Apportionment of advertising expenses for publication of candidate advertisement both before and during regulated period 205E. Apportionment of election expenses of election advertisement between candidates 205EA. Apportionment of election expenses of election advertisement between candidate and party 205F. Offence to pay election expenses in excess of prescribed maximum 205G. Periods for claiming and paying candidate’s election expenses 205H. Procedure if claim disputed 205I. Leave to pay claim after time limitation 205J. Invoice and receipt required for election expenses of $50 or more 205K. Return of candidate’s election expenses 205L. Nil return 205M. Return may be filed after time limitation if candidate outside New Zealand 205N. Offences relating to return of candidate’s election expenses 205O. Obligation to retain records necessary to verify return of candidate’s election expenses 205P. Duty of Electoral Commission 205Q. Return of candidate’s election expenses to be sent by Chief Electoral Officer to Electoral Commission 205R. Return of candidate’s election expenses to be publicly available 205S. Unlawful use of public money not validated Subpart 2. Election expenses of parties 206. Interpretation 206A. Persons who may incur election expenses in relation to party advertisement 206B. Offence to incur unauthorised election expense 206C. Maximum amount of party’s total election expenses 206CA. Apportionment of advertising expenses for publication of party advertisement both before and during regulated period 206CB. Apportionment of election expenses of election advertisement between parties 206CC. Apportionment of election expenses of election advertisement between party and candidate 206D. Offence to pay election expenses in excess of prescribed maximum 206E. Periods for claiming and paying party’s election expenses 206F. Procedure if claim disputed 206G. Leave to pay claim after time limitation 206H. Invoice and receipt required for election expenses of $100 or more 206I. Return of party’s election expenses 206J. Appointment of auditor for party 206K. Persons eligible to be appointed as auditor 206L. Auditor’s report on return of party’s election expenses 206M. Nil return 206N. Offences relating to return of party’s election expenses 206O. Obligation to retain records necessary to verify return of party’s election expenses 206P. Duty of Electoral Commission 206Q. Return of party’s election expenses to be publicly available 206R. Unlawful use of public money not validated Subpart 2A. Election expenses of registered promoters 206S. Interpretation 206T. Persons who may incur election expenses in relation to election advertisement promoted by registered promoter 206U. Offence to incur unauthorised election expense 206V. Maximum amount of registered promoter’s total election expenses 206W. Apportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period 206X. Offence to pay election expenses in excess of prescribed maximum 206Y. Periods for claiming and paying registered promoter’s election expenses 206Z. Procedure if claim disputed 206ZA. Leave to pay claim after time limitation 206ZB. Invoice and receipt required for election expenses of $50 or more 206ZC. Return of registered promoter’s election expenses 206ZD. Electoral Commission may require auditor’s report on return of registered promoter’s election expenses 206ZE. Offences relating to return of registered promoter’s election expenses 206ZF. Obligation to retain records necessary to verify return of registered promoter’s election expenses 206ZG. Duty of Electoral Commission 206ZH. Return of registered promoter’s election expenses to be publicly available Subpart 3. General provisions relating to donations 207. Interpretation 207A. Donations and contributions include GST 207B. Donations to be transmitted to candidate or party secretary 207C. Contributors to be identified 207D. Offence relating to contravention of section 207C 207E. Identity of donor to be disclosed by transmitter, if known 207F. Offence relating to contravention of section 207E 207G. Disclosure of identity of donor 207H. Offence relating to contravention of section 207G 207I. Anonymous donation may not exceed $1,500 207J. Offence relating to contravention of section 207I 207K. Overseas donation or contribution may not exceed $1,500 207L. Offence relating to contravention of section 207K 207LA. Offence relating to splitting party donation or contribution to party donation 207M. Records of candidate donations 207N. Records of party donations 207O. Duty of Electoral Commission in relation to donations 207P. Duty of Electoral Commission in relation to donations Subpart 4. Donations protected from disclosure 208. Interpretation 208A. Method of making donation protected from disclosure 208B. Limit on maximum amount of donations protected from disclosure 208C. Duty of Electoral Commission to provide advice on actual figures under section 208B 208D. Duties of Electoral Commission on receipt of donation 208E. Timing of payment to parties 208F. Offence of prohibited disclosure 208G. Duty of Electoral Commission to report Subpart 5. Disclosure of candidates’ donations 209. Return of candidate donations 209A. Nil return 209B. Offences relating to return of candidate donations 209C. Obligation to retain records necessary to verify return of candidate donations 209D. Return of candidate donations to be sent by Chief Electoral Officer to Electoral Commission 209E. Return of candidate donations to be publicly available Subpart 6. Disclosure of parties’ donations 210. Annual return of party donations 210A. Auditor’s report on annual return of party donations 210B. Nil return 210C. Return of party donation received from same donor exceeding $30,000 210D. Offences relating to return of party donations 210E. Obligation to retain records necessary to verify return of party donations 210F. Return of party donations to be publicly available Part 6B. Loans 211. Application of this Part Subpart 1. General provisions relating to loans 212. Interpretation 213. Party secretary may enter into loan on behalf of party 214. Offence to enter into unauthorised loan 214A. Offence to enter into arrangement to circumvent section 213, 214C, or 214F 214B. Records of loans Subpart 2. Disclosure of loans 214C. Annual return of loans 214D. Auditor’s report on annual return of loans 214E. Nil return 214F. Return of loan provided by same lender exceeding $30,000 214G. Offences relating to return of party loans 214H. Duty of Electoral Commission 214I. Obligation to retain records necessary to verify return of party loans 214J. Return of party loans to be publicly available Part 7. Corrupt and illegal practices Subpart 1. Corrupt practices 215. Personation 216. Bribery 217. Treating 218. Undue influence Subpart 2. Illegal practices 219. Payments for exhibition of election notices 220. Providing money for illegal purposes 221. Advertisements for candidates and political parties 221A. Electoral advertisements 221B. Display of advertisement of a specified kind 222. Procurement of voting by unqualified voters Subpart 3. General provisions 223. Cinematograph films 224. Punishment for corrupt or illegal practice 225. Persons charged with corrupt practice may be found guilty of illegal practice 226. Time limit for prosecutions 226A. Power to issue search warrants in respect of illegal practice 227. Punishment for disqualified person voting 228. Reversal of disqualification procured through perjury Part 8. Election petitions 229. Method of questioning election 230. Election petitions to High Court 231. Time for presentation of election petition 232. Security for costs 233. More than 1 petition relating to same election 234. Rules of court Subpart 4. Trial of election petition 235. Court and place of trial 236. Trial of petition 237. Avoidance of election of candidate guilty of corrupt practice 238. Avoidance of election for general corruption 239. Votes to be struck off for corrupt practices 240. Real justice to be observed 241. Irregularities not to invalidate election 242. Decision of court to be final 243. Certificate of court as to result of election 243A. Orders to be made by court after determination under section 243 if list seats allocated 244. Report of court as to corrupt or illegal practices 245. Special report 246. Signature and effect of certificate and report Subpart 5. Witnesses 247. Summons and examination of witnesses 248. Certificate of indemnity to witness 249. Expenses of witnesses Subpart 6. Costs 250. Costs of petition 251. Costs payable by persons proved guilty of corrupt or illegal practices Subpart 7. Withdrawal and abatement of petitions 252. Withdrawal of petition 253. Substitution of new petitioner 254. Report on withdrawal 255. Abatement of petition Subpart 8. General provisions 256. Withdrawal and substitution of respondents before trial 257. Submission of report to Attorney-General 258. Electoral petitions to Court of Appeal 259. Time for presentation of an election petition to Court of Appeal 260. Matters excluded from challenge 261. Provisions applied 262. Certificate of court as to result of petitions Part 9. Miscellaneous provisions 263. Service of notices 263A. Disclosure of immigration information for matching purposes 263B. Disclosure of personal information for enrolment purposes 264. Review by select committee 265. Registrars of Electors exempt from court fees 266. Validation of irregularities 266A. Expenditure limits to be adjusted each year by Order in Council 267. Regulations 267A. Regulations relating to advertisement of a specified kind 267B. Requirements before Minister can recommend that regulations be made 268. Restriction on amendment or repeal of certain provisions Subpart 1. Transitional provisions 269. Membership of Representation Commission 270. Electoral districts, electoral rolls, general elections, and by-elections Subpart 2. Amendment to Constitution Act 1986 271. Term of Parliament Subpart 3. Amendment to Civil List Act 1979 272. Questioned elections of members of Parliament Subpart 4. Amendment to Remuneration Authority Act 1977 273. Officers whose remuneration is to be determined by Remuneration Authority Subpart 5. Amendments to Local Elections and Polls Act 1976 274. Residential electoral roll 275. Supply of information by Chief Registrar of Electors 276. Application for registration as parliamentary elector 277. Completion of roll 278. Amendments to roll 279. Roll for by-election or poll 280. Special voters 281. Election to fill extraordinary vacancy in local authority Subpart 6. Amendment to Ombudsmen Act 1975 282. Organisations to which Ombudsmen Act 1975 applies Subpart 7. Amendments to Public Finance Act 1989 283. Crown entities Subpart 8. Repeals 284. Repeals Schedules 1-3 Amendment Act 1. Electoral Amendment Act 2009 1. Title 2. Commencement 3. Principal Act amended Part 2. Repeal, consequential amendments, and transitional and savings provisions Subpart 2. Transitional and savings provisions 17. Continuation of obligations and rights arising from election expenses in respect of 2008 general election 18. Continuation of obligations and rights arising under the Electoral Finance Act 2007 in respect of donations 19. Annual return of party donations for year ending 31 December 2008 20. Annual return of party donations for year ending 31 December 2009 21. Transitional provision relating to section 210C of principal Act 22. Saving of section 19 of Interpretation Act 1999 24. Expiry of section 23 Amendment Act 2. Electoral (Administration) Amendment Act 2010 1. Title 2. Commencement 3. Principal Act amended Part 2. Consequential amendments and transitional provisions 15. Interpretation Subpart 1. Provisions coming into force on day after Royal assent 16. New Electoral Commission may perform certain functions before 1 October 2010 17. Statement of intent 18. References to Electoral Commission 19. Assets and liabilities of existing Electoral Commission 20. Employees of existing Electoral Commission 21. References to Chief Electoral Officer 22. Assets and liabilities of Chief Electoral Office 23. Employees of Ministry of Justice 24. Terms and conditions of transferred employees 25. Continuity of employment 26. Restriction of compensation for technical redundancy Subpart 2. Provisions coming into force on 1 October 2010 28. Existing Electoral Commission disestablished 29. Appointment of existing Chief Electoral Officer revoked 30. Enforcement of existing rights 31. Responsibility for reports and accounts of existing Electoral Commission from 1 July 2010 Amendment Act 3. Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 1. Title 2. Commencement 3. Principal Act amended 6. Existing status under section 80(1)(d) of principal Act not affected Amendment Act 4. Electoral (Finance Reform and Advance Voting) Amendment Act 2010 1. Title 2. Commencement Part 2. Transitional provisions and consequential amendments to other enactments 35. Provision relating to donations and contributions received before 1 January 2011 36. Transitional elections Amendment Act 5. Electoral (Administration) Amendment Act 2011 1. Title 2. Commencement 3. Principal Act amended Part 2. Consequential amendments and transitional provisions Subpart 1. Provisions coming into force on day after assent Heading 1. Transitional provision approving electronic medium for online re-enrolment and updating 38. Deemed approval of electronic medium called igovt logon service Heading 2. Transitional provisions relating to abolition of Chief Registrar of Electors 39. Office of Chief Registrar of Electors abolished 40. No compensation for loss of office 41. Crown-owned assets (other than intellectual property) and records that Chief Registrar controls or possesses 42. Liabilities for expenses after 30 June 2012 43. Expenses before 1 July 2012 (whether from commitments before, on, or after 17 August 2009 44. Expenses after 30 June 2012 from commitments before 18 August 2009 45. Expenses after 30 June 2012 from commitments after 17 August 2009 and before 1 July 2012 46. Matters incomplete on 1 July 2012 47. Proceedings incomplete on 1 July 2012 48. Transitional or savings regulations Human Rights Act 1993 Preamble 1. Short Title and commencement 2. Interpretation 3. Act to bind the Crown Part 1. Human Rights Commission 4. Continuation of Human Rights Commission Subpart 1. Functions and powers of Commission 5. Functions of Commission 6. Powers relating to declaratory judgments Subpart 2. Activities in performance of Commission’s functions 7. Commission determines general nature of activities Subpart 3. Membership of Commission 8. Membership of Commission 9. Alternate Commissioners 10. Meetings of Commission Subpart 4. Criteria for appointment 11. Criteria for appointment 12. Further criteria for appointment of Chief Commissioner 13. Further criteria for appointment of Race Relations Commissioner 14. Further criteria for appointment of Equal Employment Opportunities Commissioner Subpart 5. Functions of Commissioners 15. Functions of Chief Commissioner 16. Functions of Race Relations Commissioner 17. Functions of Equal Employment Opportunities Commissioner Subpart 6. General manager and staff of Commission 18. General manager and staff of Commission Subpart 7. Commissioners to act independently 19. Duty to act independently Subpart 8. Office of Human Rights Proceedings 20. Office of Human Rights Proceedings Subpart 9. Director of Human Rights Proceedings 20A. Director of Human Rights Proceedings 20B. Criteria and requirement for appointment Subpart 10. Appointment of Judge as Human Rights Commissioner 20C. Appointment of Judge as Human Rights Commissioner Subpart 11. Provisions relating to office holders 20D. Office holders to whom sections 20E to 20G apply 20E. Service in office 20F. Term of office 20G. Vacation of office Subpart 12. Administrative provisions relating to Human Rights Commission and Office of Human Rights Proceedings 20H. Administrative provisions set out in Schedules 1 and 2 Part 1A. Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority 20I. Purpose of this Part 20J. Acts or omissions in relation to which this Part applies 20K. Purposes for which section 20L applies 20L. Acts or omissions in breach of this Part Part 2. Unlawful discrimination Subpart 1. Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990 21A. Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies Subpart 2. Acts or omissions authorised or required by law 21B. Relationship between this Part and other law Subpart 3. Prohibited grounds of discrimination 21. Prohibited grounds of discrimination Subpart 4. Discrimination in employment matters 22. Employment 23. Particulars of applicants for employment Subpart 5. Exceptions in relation to employment matters 24. Exception in relation to crews of ships and aircraft 25. Exception in relation to work involving national security 26. Exception in relation to work performed outside New Zealand 27. Exceptions in relation to authenticity and privacy 28. Exceptions for purposes of religion 29. Further exceptions in relation to disability 30. Further exceptions in relation to age 30A. Exception in relation to employment-related retirement benefits 31. Exception in relation to employment of a political nature 32. Exception in relation to family status 33. Armed forces 34. Regular forces 35. General qualification on exceptions Subpart 6. Discrimination in partnerships 36. Partnerships Subpart 7. Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies 37. Organisations of employees or employers and professional and trade associations 38. Qualifying bodies 39. Exceptions in relation to qualifying bodies 40. Vocational training bodies 41. Exceptions in relation to vocational training bodies Subpart 8. Discrimination in access to places, vehicles, and facilities 42. Access by the public to places, vehicles, and facilities 43. Exceptions in relation to access by the public to places, vehicles, and facilities Subpart 9. Discrimination in provision of goods and services 44. Provision of goods and services 45. Exception in relation to courses and counselling 46. Exception in relation to public decency or safety 47. Exception in relation to skill 48. Exception in relation to insurance 49. Exception in relation to sport 50. Exception in relation to travel services 51. Exception in relation to reduced charges 52. Exception in relation to disability Subpart 10. Discrimination in provision of land, housing, and other accommodation 53. Land, housing, and other accommodation 54. Exception in relation to shared residential accommodation 55. Exception in relation to hostels, institutions, etc 56. Further exception in relation to disability Subpart 11. Discrimination in access to educational establishments 57. Educational establishments 58. Exceptions in relation to establishments for particular groups 59. Exception in relation to courses and counselling 60. Further exceptions in relation to disability Subpart 11. Other forms of discrimination 61. Racial disharmony 62. Sexual harassment 63. Racial harassment 64. Choice of procedures 65. Indirect discrimination 66. Victimisation 67. Advertisements 68. Liability of employer and principals 69. Further provision in relation to sexual or racial harassment in employment Subpart 12. Special provisions relating to superannuation schemes 70. Superannuation schemes 71. Reports on superannuation schemes 72. Power to vary trust deeds Subpart 13. Other matters 73. Measures to ensure equality 74. Measures relating to pregnancy, childbirth, or family responsibilities Part 3. Resolution of disputes about compliance with Part 1A and Part 2 75. Object of this Part 76. Functions of Commission under this Part 77. Dispute resolution services 78. Method of providing services 79. How complaints received to be treated 79A. Choice of procedures 80. Taking action or further action in relation to complaint 81. Commission to inform parties of process 82. Information gathering and disclosure by Commission 83. Settlement 84. Reference of complaint to Director or from Director or Tribunal 85. Confidentiality of information disclosed at dispute resolution meeting 86. Evidence as to dispute resolution meeting 87. Certain information not to be made available 88. Limits on effect of section 80(1) or sections 85 to 87 89. Enforcement of terms of settlement agreed by parties 90. Functions of Director of Human Rights Proceedings under this Part 91. Requirements for Director’s decisions under section 90 92. Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings 92A. Director to notify and report on decisions on representation Subpart 1. Proceedings 92B. Civil proceedings arising from complaints 92BA. Lodging of applications 92C. Representation in civil proceedings arising from complaints 92D. Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement 92E. Civil proceedings arising from inquiry by Commission 92F. Proof of justified limits and exceptions 92G. Right of Attorney-General to appear in civil proceedings 92H. Right of Commission to appear in civil proceedings Subpart 2. Remedies 92I. Remedies 92J. Remedy for enactments in breach of Part 1A 92K. Effect of declaration 92L. Costs 92M. Damages 92N. Directions as to payment of damages in certain cases 92O. Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement 92P. Matters to be taken into account in exercising powers given by section 92O Subpart 3. Monetary limits on remedies Tribunal may grant 92Q. Monetary limits on remedies Tribunal may grant Subpart 4. Granting of remedies by High Court on reference from Tribunal 92R. Tribunal to refer granting of remedies to High Court 92S. Further provisions on reference to High Court 92T. High Court decides remedies on reference from Tribunal 92U. High Court’s decision on remedies to be included in, and given effect to as part of, Tribunal’s determination Subpart 5. Abandonment or agreement to bring claim within Tribunal’s jurisdiction 92V. Abandonment to enable Tribunal to make award of damages 92W. Extension of jurisdiction by agreement between parties Part 4. Human Rights Review Tribunal 93. Human Rights Review Tribunal Subpart 1. Functions and powers of Tribunal 94. Functions of Tribunal 95. Power to make interim order 96. Review of interim orders 97. Power in respect of exception for genuine occupational qualification or genuine justification Subpart 2. Constitution of Tribunal 98. Membership of Tribunal 99. Chairpersons of Tribunal 99A. Criteria and requirement for appointment of Chairpersons 100. Appointment and term of office 101. Panel 102. Deputy Chairperson 103. Vacation of office by Chairperson and Deputy Chairperson Subpart 3. Procedure of Tribunal 104. Sittings of Tribunal 105. Substantial merits 106. Evidence in proceedings before Tribunal 107. Sittings to be held in public except in special circumstances 108. Persons entitled to be heard 108A. Tribunal to give notice of proceedings 108B. Submissions in relation to remedies 109. Witness summons 110. Service of summons 111. Witnesses’ allowances 112. Privileges and immunities 113. Non-attendance or refusal to co-operate 114. Power to commit for contempt 115. Tribunal may dismiss trivial, etc, proceedings 116. Reasons to be given 117. Seal of Tribunal 118. Members of Tribunal not personally liable 119. Fees of members of Tribunal 120. Services for Tribunal 121. Enforcement 122. Stating case for High Court 122A. Removal to High Court of proceedings or issue 122B. Proceedings or issue removed to High Court 123. Appeals to High Court 124. Appeal to Court of Appeal on a question of law 125. Costs of appeal 126. Additional members of High Court for purposes of Act Part 5. Powers in relation to inquiries 126A. Evidence order 127. Evidence 128. Protection and privileges of witnesses, etc 129. Disclosure of certain matters not to be required 130. Proceedings privileged Part 6. Inciting racial disharmony 131. Inciting racial disharmony 132. No prosecution without Attorney-General’s consent Part 7. Miscellaneous provisions 133. Licences and registration 134. Access by the public to places, vehicles, and facilities 135. No prosecution without Attorney-General’s consent 136. Condition in restraint of marriage, civil union, or de facto relationship 137. Advisors to be officials 138. No adverse statement 139. Restriction on delegation 140. Delegation of powers by certain Commissioners 141. Annual report 141A. Certain acts not to be questioned 142. Money to be appropriated by Parliament for purposes of this Act 143. Offences 144. Regulations 145. Related amendments to other enactments 146. Repeals 147. Revocation Subpart 1. Transitional provisions 148. Former office of Commissioner abolished 148A. Certain former Commissioners to be transitional members of Commission Subpart 2. Race Relations Conciliator 148B. Assets and liabilities vest in Commission 148C. References to Race Relations Conciliator 148D. Proceedings 148E. Commission to arrange final audited accounts 148F. All employees transferred to Commission Subpart 3. Proceedings Commissioner 148G. Proceedings Commissioner 148H. References to Proceedings Commissioner 148I. Proceedings to which Proceedings Commissioner party 148J. Complaints referred to Proceedings Commissioner for decision as to proceedings 148K. Transfer of employees from Commission to Office Subpart 4. Complaints Division 148L. Complaints Division abolished 148M. Outstanding complaints to be dealt with by Commission under new procedure 148N. Breaches of Part 1A 148O. Complaints about breaches of Part 1A Subpart 5. Savings 149. Special provisions in relation to written employment contracts in force on 1 April 1992 150. Charitable instruments 151. Other enactments and actions not affected 152. Expiry of section 151 153. Savings Schedule 1. Administrative provisions applying in respect of Commission 1. General manager: appointment, term of office, and conditions 2. Staff 3. Employment principles 4. Appointment of experts 5. Salaries and allowances 6. Superannuation or retiring allowances 7. Certain Acts do not apply to staff of Commission 8. Services for Commission 9. Funds of Commission 10. Bank accounts 11. Investment of money 12. Borrowing 13. Seal 14. Tax status 15. Crown entity 16. Auditor Schedule 2. Administrative provisions applying in respect of Office of Human Rights Proceedings 1. Interpretation 2. Staff 3. Employment principles 4. Appointment of experts 5. Application of Crown Entities Act 2004 to Director 6. Superannuation or retiring allowances 7. Certain Acts do not apply to staff of Office 8. Services for Office 9. Funds of Office 10. Bank accounts 11. Investment of money 12. Address for service Schedule 3. Enactments repealed Amendment Act 1. Human Rights Amendment Act 1994 1. Short Title Subpart 1. Application of principal Act and Human Rights Commission Act 1977 to superannuation schemes 2. Application of principal Act to superannuation schemes providing benefits on account of marital status 3. Application of principal Act to superannuation schemes providing benefits for children and dependants 4. Savings in respect of certain superannuation schemes 5. Application of Human Rights Commission Act 1977 to superannuation schemes Supreme Court Act 2003 1. Title Part 1. Supreme Court of New Zealand Subpart 1. Preliminary matters 2. Commencement 3. Purpose 4. Interpretation 5. Act binds the Crown Subpart 2. Establishment and jurisdiction of Supreme Court 6. Supreme Court established 7. Appeals against decisions of Court of Appeal in civil proceedings 8. Appeals against decisions of High Court in civil proceedings 9. Appeals against decisions of other courts in civil proceedings 10. Appeals against decisions in criminal proceedings 11. Procedural requirements Subpart 3. Leave to appeal to Court 12. Appeals to be by leave 13. Criteria for leave to appeal 14. No direct appeal from court other than Court of Appeal unless exceptional circumstances established 15. Applications for leave 16. Court to state reasons for refusal to give leave Subpart 4. Constitution of Court 17. Constitution of Court 18. Chief Justice, and seniority of Judges 19. Acting Chief Justice 20. Judges to be Judges of High Court 21. Judges of other courts vacate office on appointment 22. Term of office of Judges 23. Acting Judges Subpart 5. Powers and judgment of Court 24. Appeals to proceed by rehearing 25. General powers 26. Power to remit proceedings 27. Exercise of powers of Court 28. Interlocutory orders and directions may be made and given by one Judge 29. Presiding Judge 30. Procedure if Judges absent 31. Judgment of Court 32. Decisions of Court may be enforced by High Court Subpart 6. Administrative provisions 33. Salaries and allowances of Judges 34. Fees to be paid into Crown Bank Account 35. Contempt of Court 36. Appointment of officers 37. Powers and duties of officers 38. Seal 39. Regulations 40. Reviews of decisions of Registrars about fees 41. Technical advisers Subpart 7. Ending of appeals to Her Majesty in Council 42. Ending of appeals to Her Majesty in Council Part 2. Amendments, repeals, transitional provisions, and savings Subpart 1. Substantive amendments to Judicature Act 1908 43. New sections 4A and 4B of Judicature Act 1908 inserted 44. Constitution of the Court 45. Technical advisers Subpart 2. Substantive amendment to Te Ture Whenua Maori Act 1993 46. New sections 58A and 58B inserted Subpart 3. Other substantive amendments 47. Other substantive amendments Subpart 4. Consequential amendments and repeals 48. Consequential amendments and repeals 49. Imperial enactments ceasing to have effect in New Zealand Subpart 5. Transitional and savings 50. Privy Council may still determine appeals in certain existing proceedings 51. Limitation on right to appeal to Supreme Court in certain existing proceedings 52. Transitional effect of sections 42 and 49 53. Transitional arrangements for leave applications 54. No new rights of appeal against decisions made before 1 January 2004 55. Hearings not to begin before 1 July 2004 Schedules 1-4
This Part applies to loans entered into on behalf of parties.
In this Part,—
lender, in relation to a loan, means the person providing the loanloan—
means a written or an oral agreement or arrangement under which a lender lends money or agrees to lend money in the future at specified dates or on request or on the occurrence of a particular event; but
does not include any money lent by a registered bank at a commercial interest rate
loan amount means—
the amount of money lent by the lender under the loan; or
where any money may be lent under the loan in the future, the maximum amount that may be owed at any one time; or
the total of the amounts in paragraphs (a) and (b), in any case where the lender has provided, and may in the future provide, money under the loan
registered bank has the same meaning as in section 2(1) of the Reserve Bank of New Zealand Act 1989.
A party may enter into a loan only with the authorisation of the party secretary.
Only the party secretary may enter into a loan on behalf of the party.
If the party secretary enters into a loan that is not in writing, the party secretary must, as soon as is reasonably practicable, make a written record of the loan.
A loan entered into in contravention of this section is an illegal contract for the purposes of the Illegal Contracts Act 1970.
A person is guilty of—
a corrupt practice who wilfully contravenes section 213; and
an illegal practice who contravenes section 213 in any other case.
A person who enters into an agreement, arrangement, or understanding with any other person for the purpose of circumventing section 213, or for the purpose of circumventing the disclosure required by section 214C or 214F, is guilty of an illegal practice.
A party secretary must keep proper records of all loans entered into on behalf of the party.
A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.
A party secretary must file with the Electoral Commission, for each year, a return setting out—
the details specified in subsection (2) in respect of—
every loan entered into during the year that has a loan amount exceeding $15,000; and
every loan entered into in any previous year that—
has a loan amount exceeding $15,000; and
at the close of 31 December of the year for which the return is filed, has an unpaid balance exceeding $15,000; and
the details specified in subsection (3) in respect of every loan entered into during the year that has a loan amount not exceeding $15,000, but which exceeds $15,000 when aggregated with—
the loan amounts of all other loans provided by the same lender during the year; or
the unpaid balances of any loans provided by the same lender during any previous year; and
the details specified in subsection (4) in respect of all other loans entered into during the year that each have loan amounts of not less than $1,500 and not more than $15,000.
The details referred to in subsection (1)(a) are—
the name of the lender; and
the address of the lender; and
the loan amount; and
the date on which the loan was entered into; and
the repayment date for the loan, or a statement that there is no repayment date; and
the interest rate or rates; and
the unpaid balance of the loan amount, if any; and
the name and address of any guarantor of the loan; and
the details of any security given for the loan; and
whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both.
The details referred to in subsection (1)(b) are—
the details specified in subsection (2); and
the total of the aggregated loan amount.
The details referred to in subsection (1)(c) are—
the number of loans; and
the total of the aggregated loan amounts.
A return must—
be filed by 30 April of the following year; and
be in a form required by the Electoral Commission; and
be accompanied by an auditor’s report obtained under section 214D.
In this section, year means the period of 12 months starting on 1 January and ending with the close of 31 December.
Despite anything in subsection (1), if a party secretary is required to file under that subsection a return of party loans that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending with 31 December of that year.
A party secretary must, before the Electoral Commission receives the return required by section 214C, obtain from the auditor appointed under section 206J a report on the return.
The auditor must state in the report whether, in the auditor’s opinion, the return fairly reflects the loans entered into by the party.
The auditor must make any examinations that the auditor considers necessary.
The auditor must specify in the report any case in which—
the return does not, in the auditor’s opinion, fairly reflect the loans entered into by or on behalf of the party:
the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties:
proper records of loans entered into by or on behalf of the party have not, in the auditor’s opinion, been kept by the party secretary.
The auditor—
must have access at all reasonable times to all records, documents, and accounts that relate to the loans entered into by or on behalf of the party and that are held by the party or the party secretary; and
may require the party secretary to provide any information and explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.
If a party secretary considers that there is no relevant information to disclose under section 214C, the party secretary must file a nil return under that section.
A party secretary must file with the Electoral Commission a return in respect of every loan entered into that has a loan amount exceeding $30,000.
A party secretary must file with the Electoral Commission a return in respect of every loan entered into—
that is provided by a lender who, in the 12 months immediately preceding the date on which the loan was entered into (the last 12 months), has provided 1 or more other loans to the party (previous loans); and
that exceeds $30,000 when the amount of the loan is aggregated with the loan amounts of all the previous loans.
If a return is made under subsection (2), the loans disclosed in that return must be disregarded when applying this section in relation to a loan that is entered into by the party after that return is filed.
A return filed under subsection (1) must be in the form required by the Electoral Commission and must set out—
the name of the lender; and
the address of the lender; and
the loan amount; and
the date on which the loan was entered into; and
the repayment date for the loan, or a statement that there is no repayment date; and
the interest rate or rates; and
the unpaid balance of the loan amount, if any; and
the name and address of any guarantor of the loan; and
the details of any security given for the loan; and
whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both.
A return filed under subsection (2) must be in the form required by the Electoral Commission and must set out—
the details specified in subsection (4) in respect of—
the loan; and
all previous loans; and
the total of the aggregated loan amount.
A return must be filed under subsection (1) or (2) within 10 working days of the loan being entered into by the party.
A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,—
files a return of party loans under section 214C during the late period:
files a return of party loans under section 214F during the late period.
A party secretary is guilty of a corrupt practice who, without reasonable excuse,—
files a return of party loans under section 214C or 214F after the late period; or
fails to file a return of party loans under—
section 214C;
section 214F.
A party secretary who files a return under section 214C or 214F that is false in any material particular is guilty of—
a corrupt practice if he or she filed the return knowing it to be false in any material particular; or
an illegal practice in any other case unless the party secretary proves that—
he or she had no intention to misstate or conceal the facts; and
he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.
A party secretary charged with an offence against subsection (3)(a) may be convicted of an offence against subsection (3)(b).
In this section, late period, in relation to the filing of a return, means the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later.
If the Electoral Commission believes that any person has committed an offence specified in this Part, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.
Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.
A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns under sections 214C and 214F to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the returns or in relation to any matter to which the returns relate.
A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.
The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, the following returns and reports:
a return filed under section 214C; and
a report obtained under section 214D accompanying a return referred to in paragraph (a); and
a return filed under section 214F.
During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1).
The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982.
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