Maritime Transport Act 1994

Financing plans and responses to protect the marine environment from marine oil spills - New Zealand Oil Pollution Fund

332: Expenditure budgets required before certain money paid from Fund

You could also call this:

"Money from the Oil Pollution Fund needs a budget plan before it's paid out"

Illustration for Maritime Transport Act 1994

You need to follow some rules when money is paid from the New Zealand Oil Pollution Fund. The Authority must give the Minister a budget for how they plan to spend the money. The Minister must approve this budget before any money is paid. You also need a budget if a regional council wants money from the Fund. The regional council must give the Authority a budget, and the Authority must approve it. The Authority must talk to the Oil Pollution Advisory Committee about their budget. They must also think about the budgets they get from regional councils. The Authority has to do what the Crown Entities Act 2004 says, as well as follow these rules. But they do not need a budget for some types of payments, like those under section 331 or for purposes set by regulations under section 394(a). The Minister decides how much money the Fund should keep in reserve, after talking to the Minister of Finance. They must consider what is desirable for the Fund to hold, as stated in the Crown Entities Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM337850.

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Part 24Financing plans and responses to protect the marine environment from marine oil spills
New Zealand Oil Pollution Fund

332Expenditure budgets required before certain money paid from Fund

  1. Payment shall not be made under paragraph (a) or paragraph (b) or paragraph (d) of section 331 from the New Zealand Oil Pollution Fund to the Authority in any financial year unless such payment is in accordance with an expenditure budget submitted by the Authority from time to time and approved by the Minister in his or her sole discretion.

  2. Payment shall not be made under section 331(f) from the Fund to any regional council in any financial year unless such payment is in accordance with an expenditure budget submitted from time to time by the regional council to the Authority and approved by the Authority in its sole discretion.

  3. The Authority shall, before submitting a budget under subsection (1) to the Minister for approval, consult the Oil Pollution Advisory Committee about that budget and shall consider the budgets received by the Authority from regional councils under subsection (2).

  4. The obligations of the Authority under this Act in respect of its expenditure budget shall be in addition to its obligations under the Crown Entities Act 2004.

  5. Expenditure budgets are not required under this section in respect of the application of the Fund for the purposes provided in paragraph (c) or paragraph (e) or paragraph (g) of section 331 or for any purposes specified by regulations under section 394(a).

  6. The Minister shall from time to time, after consultation with the Minister of Finance, determine what financial reserves it is desirable for the Fund to hold.

Notes
  • Section 332(4): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).