This page contains different parts of laws about Industry rules.
121B: Registration of documents
121C: Registrar may require document to be registrable or otherwise comply before registration
121D: When documents are registered
121F: Inspection of register
121G: Obtaining certified copy or extract from register
170: Classification of industries or risks
2: Interpretation
175: Risk adjustment of Work Account levies
176: Incorporation by reference
3: Act to bind the Crown
5: Departmental standards
7: Inspectors' working standards
7A: Accredited persons' working standards
9: Exceptions to obligations to use metric system of weights and measures
10: Obligation to use metric system in advertising goods for sale
11: Exceptions to obligation to use metric weights and measures in advertising goods for sale
20: Approval of appliances
21: Weights and measures to be stamped with mark of verification
22A: Certificate of accuracy
23: Notification of non-compliance
25: Chief Inspector and Deputy Chief Inspector of Weights and Measures
26: Inspectors of Weights and Measures
28: Powers of Inspectors
30: Inspector may inspect weights, measures, etc, not used for trade
30A: Appointment of accredited persons
30B: Application for accreditation
30C: Duration and renewal of accreditation
30DA: Suspension of accreditation
30DB: Effect of suspension of accreditation
30E: Revocation, etc, of conditions
30F: Appeals against decisions of Secretary
30H: Court may refer appeals back for reconsideration
30I: Powers of inspection
31: Liability of principal for acts of agents, etc
32: Offences
33A: Infringement fee
41: Regulations
41A: Regulations for purposes of section 16A(3)
Schedule 2: Standards of weights and measures
307: How documents given or information notified
312: Directors, employees, and officers
2: Commencement
3: Overview
4: Interpretation
5: Meaning of financial service
7: Persons who are not in business of providing financial service
8: Act binds the Crown
9: Purpose of this Part
10: Registration and deregistration
11: Person in business of providing financial service must be registered and member of approved dispute resolution scheme
12: No holding out that in business of providing financial service unless registered and member of approved dispute resolution scheme
13: Qualifications for registration as financial service provider
14: Disqualified person
15: Application to be registered as financial service provider
16: Registration of financial service provider
17: Duty to notify changes relating to financial service provider
18: Deregistration of financial service provider
19: Notice of intention to deregister
20: Objection to proposed deregistration of financial service provider
21: Notification of deregistration of financial service provider
24: Register of financial service providers
26: Purposes of register
27: Contents of register
28: Annual confirmation
29: Registrar must amend register in certain circumstances
32: Search purposes
36: Power of Registrar to delegate
37: Registrar’s inspection powers
40: Offence also committed by director
41: Offence to make false or misleading representation
42: Appeals from Registrar’s decisions and FMA directions
44: Regulations under Part 1 and this Part
53: Minister must decide application for approval
56: Withdrawal of approval
57: Notice of intention to withdraw approval
61: Effect of withdrawal of approval on members of dispute resolution scheme
62: List of members
63: Rules about approved dispute resolution scheme
72: Appointment of reserve scheme
75: Objection to intended recommendation for revocation
79: Regulations under this Part
95A: Perpetual debentures
95B: Power to reissue redeemed debentures in certain cases
95C: Specific performance of contracts to subscribe for debentures
LH 2: Tax credits relating to expenditure on research and development
LH 7: Research and development activities and related terms
LH 16: Industry research co-operatives
HG 3: General provisions relating to disposals
HG 4: Disposal upon final dissolution
HG 6: Disposal of trading stock
HG 7: Disposal of depreciable property
HG 8: Disposal of financial arrangements and certain excepted financial arrangements
HG 10: Disposal of livestock
HG 11: Limitation on deductions by partners in limited partnerships
249A: Fees for audits
262A: Fees for audits
350: Offences by employers
358: Penalties: education providers
359: Interpretation
456: Offences by employers
CB 2: Amounts received on disposal of business assets that include trading stock
CB 5: Business of dealing in personal property
CB 10: Disposal within 10 years: land development or subdivision business
CB 11: Disposal within 10 years of improvement: building business
CB 19: Business exclusion from sections CB 6 to CB 11
CC 12: Lessor acquiring lease asset on expiry of term of lease
CD 6: When is a transfer caused by a shareholding relationship?
CD 13: Notional distributions of producer boards and co-operative companies
CD 17: Credit transfer notice
CD 24: Returns of capital: on-market share cancellations
CD 25: Treasury stock acquisitions
CD 27: Property made available intra-group
CD 33: Payments corresponding to notional distributions of producer boards and co-operative companies
CD 35: Resident’s restricted amalgamations
CD 39: Calculation of amount of dividend when property made available
CD 40: Adjustment if dividend recovered by company
CD 43: Available subscribed capital (ASC) amount
CD 44: Available capital distribution amount
CE 3: Restrictions on disposal of shares under share purchase agreements
CE 6: Trusts are nominees
CE 7: Meaning of employee share scheme
CE 9: Restrictive covenants
CQ 2: When attributed CFC income arises
CR 3: Income of non-resident general insurer
CT 4: Partnership interests and disposal of part of asset
CT 6: Meaning of petroleum miner
CT 7: Meaning of petroleum mining asset
CU 2: Treatment of mining land
CU 3: Disposal of mineral mining assets
CU 5: Partnership interests and disposal of part of asset
CU 7: Some definitions
CU 8: Meaning of listed industrial mineral
CU 9: Some definitions
CV 3: Consolidated groups: arrangement for disposal of shares
CV 5: Statutory producer boards
CV 8: Regulations: Australian wine producer rebate
CW 1: Forestry companies established by the Crown, Maori owners, and holding companies acquiring land with standing timber from founders
CW 3: Forestry companies and Maori investment companies
CW 13: Proceeds from share or option acquired under venture investment agreement
CW 42: Charities: business income
CW 47: TAB NZ and racing clubs
CW 49: Bodies promoting scientific or industrial research
CW 50: Veterinary services bodies
CW 51: Herd improvement bodies
CW 59: New Zealand companies operating in Niue
CX 17: Benefits provided to employees who are shareholders or investors
CX 41: Resident insurance underwriters
CX 43: Farm-out arrangements for mining operations
CZ 3: Exchange variations on 8 August 1975
CZ 7: Primary producer co-operative companies: 1987–88 income year
CZ 12: General insurance with risk period straddling 1 July 1993
CZ 16: Interest payable to exiting company: 2001
CZ 17: Dividend of exiting company: 2001
CZ 18: Benefit provider approved within 6 months of 25 November 2003
DB 4: Chatham Islands dues
DB 7: Interest: most companies need no nexus with income
DB 8: Interest: money borrowed to acquire shares in group companies
DB 33: Scientific research
DB 34: Research or development
DB 35: Some definitions
DB 41: Charitable or other public benefit gifts by company
DB 42: Property misappropriated by employees or service providers
DB 43: Making good loss from misappropriation by partners
DB 46: Avoiding, remedying, or mitigating effects of discharge of contaminant or making of noise
DC 1: Lump sum payments on retirement
DC 2: Pension payments to former employees
DC 3: Pension payments to former partners
DC 4: Payments to working partners
DD 5: Promoting businesses, goods, or services
DD 6: Entertainment as business or for charitable purpose
DE 2: Deductions for business use
DE 7: Logbook requirements
DF 1: Government grants to businesses
DN 6: When FIF loss arises
DO 2: Plantings for erosion, shelter, and water protection purposes
DO 3: Trees on farms
DO 5: Expenditure on land: planting of listed horticultural plants
DO 6: Expenditure on land: horticultural replacement planting
DO 7: Accounting for expenditure on listed horticultural plants under sections DO 5 and DO 6
DO 8: Meaning of planting and plot
DO 10: Farming or horticulture expenditure of lessor or sublessor
DO 11: Improvement destroyed or made useless
DO 12: Improvements to aquacultural business
DO 13: Improvement destroyed or made useless
DP 1: Expenditure of forestry business
DP 2: Plant or machinery
DP 3: Improvements to forestry land
DP 8: Forestry business on land acquired from the Crown, Maori owners, or holding company: no deduction
DP 10: Cost of acquiring timber or right to take timber: other cases
DP 11: Cost of timber
DS 2: Film production expenditure
DS 4: Meaning of film reimbursement scheme
DT 2: Arrangement for petroleum exploration expenditure and disposal of property
DT 3: Acquisition of privileges and permits
DT 5: Petroleum development expenditure
DT 7: Exploratory well expenditure
DT 8: Acquisition of certain petroleum mining assets
DT 9: Disposal of petroleum mining asset to associate
DT 11: Association ending
DT 15: Persons associated with petroleum miner
DT 16: Decommissioning
DT 19: Partnership interests and disposal of part of asset
DT 20: Petroleum mining operations outside New Zealand
DU 3: Acquisition of land for mining operations
DU 4: Acquisition of mineral mining assets
DU 5: Farm-out arrangements
DU 7: Deduction for certain mining expenditure spread on basis of units of production
DU 8: Classes of mineral mining expenditure
DU 9: Some definitions
DU 11: Meaning of mining development expenditure: exclusion of operational expenditure
DU 12: Meaning of mining rehabilitation expenditure
DV 5: Investment funds: transfer of expenditure to master funds
DV 11: Distribution to member of co-operative company, excluded from being dividend
DV 14: Amalgamated company: expenditure on improvements for farming, horticultural, aquacultural, and forestry businesses
DV 15: Amalgamated companies: property passing on resident’s restricted amalgamation
DV 16: Consolidated groups: intra-group transactions
DZ 2: Life insurers acquiring property before 1 April 1988
DZ 4: Expenditure on abandoned exploratory well before 16 December 1991
DZ 5: Farm-out arrangements for petroleum mining before 16 December 1991
DZ 7: Petroleum mining operations outside New Zealand before 16 December 1991
DZ 10: General insurance with risk period straddling 1 July 1993
DZ 17: Expenditure on improvements to aquacultural business before 1995–96 income year
EB 1: When this subpart applies
EB 2: Meaning of trading stock
EB 3: Valuation of trading stock
EB 5: Transfers of trading stock within wholly-owned groups
EB 7: Cost allocation: cost-flow method
EB 13: Low-turnover valuation
EB 14: Low-turnover valuation methods
EB 18: Costs: other stock of low-turnover traders
EB 22: Valuing closing stock consistently for low-turnover traders
EB 23: Valuing closing stock under $10,000
EB 24: Apportionment on disposal of business assets that include trading stock
EC 1: Application of this subpart
EC 4: Transfers of livestock within wholly-owned groups
EC 8: Restrictions arising from use of herd scheme
EC 11: Restrictions on making of elections
EC 39: First income year in breeding business
EC 41: Reduction: bloodstock not previously used for breeding in New Zealand other than as shuttle stallions
EC 43: Accident, birth deformity, or infertility
EC 47: Change of use of bloodstock in course of business
EC 48: Replacement breeding stock
ED 2: Transfers of certain excepted financial arrangements within wholly-owned groups
EE 1: What this subpart does
EE 16: Amount resulting from standard calculation
EE 25: Depreciation loss for plant variety rights application granted in 2005–06 or later income year
EE 39: Items no longer used
EE 41: Transfer of depreciable property on certain amalgamations on or after 14 May 2002
EE 42: Transfer of radiocommunications licence right on or after 24 September 1997
EE 46: Items for purposes of section EE 44
EE 48: Effect of disposal or event
EH 3: Persons to whom main income equalisation scheme applies
EH 4: Main deposit
EH 15: Refund for development or recovery
EH 23: Refund on bankruptcy
EH 25: Refund on liquidation
EH 26: Income when refund given on liquidation
EH 63: Persons to whom thinning operations income equalisation scheme applies
EH 75: Refund on liquidation
EJ 2: Spreading forward of deductions for repairs to fishing boats
EJ 3: Spreading forward of fertiliser expenditure
EJ 6: Certification of New Zealand films
EJ 16: Disposal of petroleum mining asset to associate
EJ 17: Partnership interests and disposal of part of asset
EJ 18: Petroleum mining operations outside New Zealand
EJ 22: Deductions for market development: product of research, development
EJ 23: Allocation of deductions for research, development, and resulting market development
EK 2: Persons who may make payment to environmental restoration account
EK 19: Environmental restoration account of amalgamating company
EK 20: Environmental restoration account of consolidated group company
EW 9: Persons to whom financial arrangements rules apply
EW 18: Market valuation method
EW 23: Failure to use method for financial reporting purposes
EW 26: Change of spreading method
EW 29: When calculation of base price adjustment required
EW 52: Share supplier under share-lending arrangement
EX 5: Direct control interests
EX 7: Indirect control interests
EX 22: Non-attributing Australian CFCs
EX 30: Direct income interests in FIFs
EX 31: Exemption for ASX-listed Australian companies
EX 36: Venture capital company emigrating to grey list country: 10-year exemption
EX 37: Grey list company owning New Zealand venture capital company: 10-year exemption
EX 53: Fair dividend rate periodic method
EX 55: Deemed rate of return method
EX 66: Entities emigrating from New Zealand
EX 67: FIF rules first applying to interest on or after 1 April 2007
EY 1: What this subpart does
EY 3: Shareholder base
EY 10: Meaning of life insurer
EY 11: Superannuation schemes providing life insurance
EY 12: Meaning of life reinsurance
EY 15: Policyholder base income: non-participation policies
EY 23: Reserving amounts for life insurers: non-participation policies
EY 24: Outstanding claims reserving amount: non-participation policies not annuities
EY 25: Premium smoothing reserving amount: non-participation policies not annuities
EY 28: Shareholder base other profit: profit participation policies that are existing business
EY 31: Annuities
EZ 1: Life insurers acquiring property before 1 April 1988
EZ 4: Valuation of livestock bailed or leased as at 2 September 1992
EZ 6: Reduction: broodmare previously used for breeding in New Zealand: pre-1 August 2006
EZ 16: Amount of depreciation loss for plant or machinery additional to section EZ 15 amount
EZ 29: Private insurers under Accident Insurance Act 1998
EZ 46: Election to treat short term trade credit as financial arrangement
EZ 52: References to new rules include old rules
FA 5: Assets acquired and disposed of after deduction of payments under lease
FA 10: Treatment when lease ends: lessor acquiring asset
FB 10: Continuity provisions: shares and options
FB 14: Specified livestock
FE 2: When this subpart applies
FE 7: Apportionment of interest by reporting bank
FE 12: Calculation of debt percentages
FE 17: Consolidation of debts and assets
FE 24: Regulations
FE 30: Ownership interests in companies outside New Zealand group
FE 35: Persons who may be excluded from banking groups
FE 36: Identifying members of New Zealand banking group in usual case
FL 1: What this subpart does
FM 6: Some general rules for treatment of consolidated groups
FM 15: Amortising property and revenue account property
FM 16: Land or business: certain farming or forestry expenditure
FM 17: Trading stock
FM 18: Financial arrangements: transfer from company A to company B
FM 19: Financial arrangements: transfer for fair and reasonable consideration
FM 20: Financial arrangements: transfer at market value
FM 21: Property transfers when companies leave consolidated groups
FM 22: Arrangements to avoid consolidation rules
FM 23: Arrangements for disposal of shares
FM 31: Eligibility rules
FM 35: Forming consolidated group
FM 38: Notice requirements on forming or joining consolidated group
FM 42: When company liquidated
FN 4: Eligibility rules
FN 6: Nominated companies
FN 7: Forming imputation groups
FO 1: What this subpart does
FO 3: Resident’s restricted amalgamations
FO 4: Rights and obligations of amalgamated companies
FO 6: Cancellation of shares
FO 8: Bad debts and expenditure or loss on resident’s restricted amalgamation
FO 9: Unexpired portion of prepaid expenditure
FO 10: When property passes on resident’s restricted amalgamation
FO 11: When property passes on amalgamation other than resident’s restricted amalgamation
FO 12: Financial arrangements: resident’s restricted amalgamation, companies in wholly-owned group
FO 14: Financial arrangements: resident’s restricted amalgamation, other cases
FO 15: Financial arrangements: amalgamation other than resident’s restricted amalgamation
FO 16: Amortising property
FO 17: Land
FO 18: When amalgamating companies are parties to financial arrangement
FO 19: Calculation of outstanding accrued balance: consideration for discharge
FZ 2: Effect of specified lease on lessor and lessee
GB 3: Arrangements for carrying forward loss balances: companies’ ownership
GB 5: Arrangements involving trust beneficiaries
GB 7: Arrangements involving CFC control interests
GB 15: CFC income or loss: arrangements related to quarterly measurement
GB 16: FIF income or loss: arrangements for measurement day concessions
GB 18: Arrangements to acquire film rights or incur production expenditure
GB 19: When film production expenditure payments delayed or contingent
GB 20: Arrangements involving petroleum and mineral mining
GB 23: Excessive remuneration to relatives
GB 25: Close company remuneration to shareholders, directors, or relatives
GB 26: Arrangements involving repatriation of commercial bills
GB 34: ICA arrangements for carrying amounts forward
GB 37: Arrangements for payment of dividend by other companies
GC 1: Certain disposals of trading stock at below market value
GC 3: Disposals by life insurers
GC 4: Disposals and acquisitions of FIF attributing interests
GC 6: Purpose and application of rules and nature of arrangements
GC 11: Applications for matching treatment
HA 4: Conditions applying
HA 6: Corporate requirements
HA 7: Shareholding requirements
HA 15: Fully imputed distributions
HA 29: Elections by majority shareholders
HA 35: Period of grace following revocation of election
HA 37: Period of grace for new shareholder
HA 44: Measuring effective interests
HC 1: What this subpart does
HC 27: Who is a settlor?
HD 1: What this subpart does
HD 3: Agents’ duties and liabilities
HD 6: When relationship effectively that of principal and agent
HD 14: Companies issuing debentures
HD 15: Asset stripping of companies
HD 16: Non-resident general insurers
HD 17: Agent paying premiums to residents of Switzerland
HD 20: Persons carrying on business for absentees
HD 21: Companies
HD 23: Trustees of group investment funds
HD 24: Shipping businesses
HD 29: Persons acquiring goods from overseas
HF 2: Who is eligible to be a Maori authority?
HR 6: Airport operator’s assets
IC 3: Common ownership: group of companies
IC 4: Common ownership: wholly-owned groups of companies
IC 5: Company B using company A’s tax loss
IC 6: Common ownership for period
ID 3: Pre-consolidation losses: use by group companies
ID 5: Pre-consolidation losses on exit: part-year rule
IE 3: Treatment of tax losses by amalgamated company
IE 5: Applying the continuity provisions when companies amalgamate
IP 1: When this subpart applies
IQ 7: When group membership lacking in loss period
IS 2: Treatment of net losses resulting from certain expenditure
LA 5: Treatment of remaining credits
LP 5: Application of benchmark dividend rules and imputation credit ratio
LP 6: Deriving supplementary dividend and breach of terms of trust
LS 1: Tax credits for multi-rate PIEs
MB 4: Family scheme income of major shareholders in close companies
OA 8: Shareholder continuity requirements for memorandum accounts
OA 9: General treatment of credits and debits on resident’s restricted amalgamation
OA 11: FDP account on resident’s restricted amalgamation
OA 14: Continuity of shareholding when group companies amalgamate
OA 15: When credits or debits due to consolidated group but not recorded
OB 1: General rules for companies with imputation credit accounts
OB 2: Australian companies with imputation credit accounts
OB 19: ICA transfer to master fund
OB 48: ICA credit balance when Maori authority credit account starts
OB 61: ICA benchmark dividend rules
OB 71: Imputation additional tax on leaving group of companies
OF 1: General rules for companies with ASC accounts
OP 2: When credits and debits arise only in group accounts
OP 41: Consolidated ICA credit transfer by company
RC 19: Disposal of assets
RC 33: Amalgamated companies: calculating residual income tax
RD 46: Adjustments for unclassified benefits on amalgamation
RD 60: Close company option
RZ 6: Limits on refunds: transitional dates
YB 2: Two companies
YB 12: Partnership and partner
YC 4: Look-through rule for corporate shareholders
YC 9: Shares or options held by trustees
YC 12: Public unit trusts
YC 13: Corporate spin-outs
YC 15: Directors’ knowledge of failure to meet requirements of continuity provision
YC 17: Demutualisation of insurers
YC 18: Reverse takeovers
YC 19: Legislative conversion of foreign company of proprietors
YD 8: Apportionment of premiums derived by non-resident general insurers
Schedule 17: Types and classes of livestock
Schedule 20: Expenditure on farming, horticultural, aquacultural, and forestry improvements
Schedule 36: Government enterprises
Schedule 37: Statutory producer boards
Schedule 51: Identified changes in legislation
22: Reregistration of financial service provider
48: Financial service provider must be member of dispute resolution scheme
67: Duty to co-operate and communicate information in certain circumstances
76: Duty to co-operate and communicate information in certain circumstances
Schedule 2: Licensing authorities and licensed providers
DS 2B: Expenditure when film or film right intended for disposal
DO 11B: Entering partners’ livestock deduction
112A: Price for shares referred to arbitration if shareholder objects to price
112B: Interest payable on outstanding payments
112C: Timing of transfer of shares
EW 15G: Modified fair value method
OP 11B: Consolidated ICA expenditure on research and development
62J: Publication of exemption and reasons
62L: Commission may grant temporary emergency exemption
62N: Commission may use information collected or provided under regulations or rules
51: Application of Act to goods that are, or may be, exported to China
HD 20B: General partners and partners carrying on with or managing business involving absentees
HZ 3: Special partnerships: transition into limited partnerships and limited partnerships deduction rules
Schedule 21: Expenditure and activities related to research and development
6: Meaning of council-controlled organisation and council organisation
16: Significant new activities proposed by regional council
58: Role of directors of council-controlled organisations
60: Decisions relating to operation of council-controlled organisations
61: Activities undertaken on behalf of local authorities
62: Prohibition on guarantees, etc
64: Statements of intent for council-controlled organisations
66: Half-yearly or quarterly reports
67: Annual report
68: Content of reports on operations of council-controlled organisations
69: Financial statements and auditor's report
71A: Application of Part to listed companies
72: Application of Act to related companies
114: Constraints on receiver
151: General provisions applying to bylaws made under this Act
179: Contracting out administration of enforcement
196: Discharge of trade wastes
276: First statement of intent and report and accounts of existing local authority trading enterprises
277: First statement of intent of other council-controlled organisations
298: Community trusts
304: Sale of land purchased for commercial or industrial purposes
91: Application of Commerce Act 1986
94: Joint ventures
12B: Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist
150G: Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued
165ZD: Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities
165ZH: Processing applications for existing permit holders
165ZJ: Additional criteria for considering applications for permits for space already used for aquaculture activities
167: Application to become requiring authority
244: Company leases and cross leases
340: Liability of principal for acts of agents
371: Provisions deemed to be regional rules
384A: Right of port companies to occupy coastal marine area
391A: Resource consents following approval under Clean Air Act 1972
396: Applications for marine farming in coastal marine area
397: Existing applications for marine farming leases
308A: Identification of trade competitors and surrogates
Schedule 2: When person is involved in industry participant for purposes of section 6A
DT 1A: Ring-fenced allocations
DV 4B: Carry forward of expenditure by member funds investing in portfolio investment entities
DW 4: Deduction for general insurance outstanding claims reserve
CX 48D: Tax credits for expenditure on research and development
YC 18B: Corporate reorganisations not affecting economic ownership
EX 21C: Applicable accounting standards for section EX 21E
FE 31C: CFCs in worldwide group for natural persons or trustees described in section FE 2(1)(g)
HA 8B: No CFC income interests or FIF direct income interests of 10% or more
EX 66B: Entities ceasing to be FIFs
IC 13: Variation of requirements for development companies in Niue
245: Preferential payments
5: Interpretation
7: Industry participants
8: Transpower is system operator
9: Obligation to register and comply with Code
10: Exemption from obligation to register
11: Exemption from obligation to comply with Code
12: Authority established
13: Membership of Authority
14: Independence of members of Authority
15: Objectives of Authority
16: Functions of Authority
17: Statements of government policy
18: Reviews on request by Minister
19: Charter about advisory groups
20: Security and Reliability Council
21: Other advisory groups
22: Application of Crown Entities Act 2004
23: Continuation of Rulings Panel
24: Membership of Rulings Panel
26: Funding of Rulings Panel and remuneration of members
27: Register of industry participants
28: Transfer of old information to register
29: Registration and requirement to update information
30: Ceasing to be registered
31: Offences relating to registration
32: Content of Code
33: Status of Code
34: Content of initial Code
35: Certification of draft Code
36: Code comes into force
37: Making Code accessible
38: Authority amends Code
39: Consultation on proposed amendments
40: Urgent amendments to Code
41: Authority to publish consultation charter
42: Specific new matters to be in Code
43: Minister may amend Code to include new matters
44: Transmission agreements
51: Interim injunctions
52: Limitation periods for breaches of Code
54: Remedial orders for breach of Code
55: Restrictions on remedies
56: Pecuniary penalty orders
57: Offence to breach certain orders of Rulings Panel
58: Suspension and termination for breach of certain Rulings Panel orders
59: Effect of suspension and termination orders
60: Offences relating to suspension and termination orders
62: Orders generally
63: Appeal on ground of lack of jurisdiction
65: Appeal against certain orders of Rulings Panel
69: Provisions pending determination of appeal
72: Purpose of this Part
73: Ownership separation
74: Meaning of involved in
75: Ownership separation
76: Corporate separation and arm's-length rules applying to distributors and connected generators and connected retailers
77: Use-of-systems agreements
78: Person involved in distributor must not pay for transfer of retail customers to connected retailers
79: No discrimination when paying rebates or dividends
80: Pecuniary penalties
81: Injunctions
82: Actions for damages
83: Other powers to give directions, reopen agreements
84: Miscellaneous provisions relating to civil proceedings under this Part
85: Application of Commerce Act 1986 provisions
86: Additional proceedings
87: Application to persons outside New Zealand
88: Disclosure of information to Authority
89: Directors must report compliance with arm’s-length rules
90: Exemptions
91: Application of Commerce Act 1986
92: Not interconnected under Commerce Act 1986
93: Illegal contracts
94: Substance matters, not form
95: Complaints about Transpower, distributors, and retailers
96: Membership of dispute resolution scheme
97: Compliance with rules and binding settlements
99: Customer and community trusts must prepare and submit for audit financial statements
100: Publication of audited financial statements
101: Auditor of trusts
102: Procedures for annual meeting to appoint auditor
103: Auditor-General to be auditor if no other auditor appointed
104: Offences, enforcement, and application of sections 99 to 103
105: Continuance of distributors' supply obligation
106: Cessation and suspension of supply obligation
107: Proposal to supply electricity from alternative source
108: Application of other enactments
110: Class exemptions relating to registration and Code compliance
111: Class exemptions relating to membership of dispute resolution scheme
112: Regulations relating to monitoring, investigating, and enforcing Code
113: Regulations about tariffs and other consumer issues
114: Regulations promoting accountability in customer trusts and community trusts
115: General regulation-making power
128: Levies
129: Authority consultation about request for appropriation
132: Interpretation
133: Electricity Commission dissolved
134: Consequences of dissolution
137: Transferred employees
138: Government Superannuation Fund
141: Members of Rulings Panel
142: Work of Rulings Panel
143: Investigations relating to separation of distribution from generation and retailing
144: Exemptions granted under Electricity Industry Reform Act 1998
145: Amendments to Commerce Act 1986
146: Interpretation
147: Matters covered by input methodologies
149: Interpretation for subpart
150: Meaning of electricity lines services
151: Definition of consumer-owned
152: How exempt status can be lost and default/customised price-quality regulation can be applied to consumer-owned suppliers
153: Administrative settlements with Transpower made before 1 April 2009
155: New heading and sections 54R and 54S substituted
156: New section 54V substituted
157: Amendments to Energy (Fuels, Levies, and References) Act 1989
158: Part 2 repealed
159: Purpose of levies
160: Amendments to Electricity Act 1992
162: Interpretation
163: New section 43A inserted
164: Consequential amendments and repeal of spent provisions
165: Repeal of Electricity Industry Reform Act 1998
166: Amendments to other enactments
Schedule 1: Transitional, savings, and related provisions
Schedule 3: Arm's-length rules
Schedule 4: Dispute resolution scheme
Schedule 6: Amendments to other enactments
30C: Applications for national multiple-use approval relating to design work that is restricted building work
30F: Issue of national multiple-use approval
1: Short Title and commencement
3: Act to bind the Crown
4: Declaration of electricity distributors as electricity operators
4A: Declaration of electricity generators as electricity operators
5: Functions of WorkSafe
6: Inspection of works, etc
7: Report to be compiled on inspection
8: Special powers of WorkSafe
10: Effect of notice or requirement pending hearing
13: WorkSafe may require immediate compliance
16: Notification of accidents
16A: Transfer of accident information
22: Protection of existing works
22A: Owners of land not responsible for maintenance
23: Rights of entry in respect of existing works
23A: Line owner must give written notice of intention to maintain or complete existing works
23B: Line owner must give notice of intention to inspect or operate existing works
23C: Notice in emergencies
23D: Land owner may set reasonable conditions on line owner's entry
23E: Agreements preserved
24: Construction or maintenance of works on roads
25: Notice to be given before work undertaken
26: Offence
27: Appeals in relation to conditions imposed
28: Determination of appeals
30: Charging for access to road reserve
31: Rights of entry in respect of level crossings
32: Local authority, etc, may require works to be moved
33: Cost of work required under section 32
34: Government Roading Powers Act 1989 not to apply
35: Owners and occupiers of private land may move works
36: Issue of electrical code of practice
37: Code may incorporate official standards by reference
38: Code to be approved by Minister
39: Availability of codes
40: Emergency amendment of code
41: Citation of code
42: Proof of code
43: Codes promulgated under Electricity Act 1968
50: Application of levies
52: Transitional provision relating to membership of Council
54: Dissolution of Council
57: Compensation for damage
58: Compensation for trees and vegetation removed
59: Returns relating to construction of works, etc
60: Standards for electricity supply
61: Safety requirements
62: Continuance of supply
63: Regulations relating to price of electricity
65: Offences
66: Other Acts relating to price control not affected
68: Definition of consumer for purposes of this Part
69: Licence to supply electricity
70: Offence
71: Supply of electricity to consumers outside supply area
72: Duty to supply
73: Expiry of this Part
74: Restrictions on doing or assisting with prescribed electrical work
75: Board may exempt person or class of persons from section 74
76: Exemption for work done under supervision
77: Exemption for trainees
78: Board may issue limited certificate for purposes of section 77
81: Board may cancel application of exemption to any person
82: Testing, certification, and inspection
83: Power of entry
117: Prescribed electrical work may be done under employer licence
118: Duration of employer licence
120: Cancellation, suspension, and other actions in relation to employer licences
121: Board must give employer licence holder reasonable opportunity to be heard
122: Miscellaneous provisions concerning actions under section 120
123: Powers of inspection
124: Register of electrical workers
125: Registrar must enter matters in register
126: Purpose of register
127: Form of register
128: Matters to be contained in register
129: Historical registration and licence information and documentation to be included in register
130: Duty to notify change of address
131: Duty to notify change of name
132: Revision of register
133: Restoration of registration or licence
134: Board may direct Registrar to record cancellation, suspension, or order
135: Alterations to register
136: Register to be public
138: Search of register
142: Persons to whom this Part applies
143: Disciplinary offence
144: Complaints
145: Secretary must appoint investigator
147: Investigator's powers
148: Electrical Workers Registration Board
149: Functions of Board
152: Power of Board to delegate to Registrar
154: Complaints Assessment Committees
155: Secretary to maintain list
158: Review of operation of Act
158A: Community and customer trusts to prepare audited financial statements
158B: Publication of audited financial statements
158E: Auditor-General to be auditor if no other auditor appointed
158F: Application of sections 158A to 158E
158G: Complaints resolution system
159: Conditions relating to power to enter land or premises
160: False declarations and representations
161: Unlicensed or unregistered person must not claim to be licensed or registered
162: Offence to engage in prescribed electrical work in breach of section 74
163: Offence to employ person to engage in prescribed electrical work in breach of section 74
164: Directors and officers of bodies corporate
165: Time for filing charging document
166: Payment of fees
167: Certificate by Registrar to be evidence of various matters
168: Notices in relation to Maori land
169: Regulations
169A: Regulations that prescribe requirements for safety management systems
169B: Miscellaneous provisions relating to regulations that prescribe requirements for safety management systems
170: Regulations relating to information disclosure
170A: Regulations relating to ability of consumers to choose preferred electricity retailer
171: Information to be supplied to Secretary
171A: Reasonable charge may be imposed for providing copies of statements
172: Offences
172A: Outline of subpart
172B: Low fixed charge tariff option for domestic consumers
172C: Regulations for code on access for beneficiaries of customer and community trusts
172CA: Reserve energy
172D: Electricity governance regulations
172E: Conditions and process for recommendations on electricity governance regulations
172F: Assessment of proposed electricity governance regulations
172G: Process for recommendations on other electricity governance regulations
172H: Electricity governance rules
172I: Method of making electricity governance rules
172J: Supplementary empowering provision for regulations and rules
172K: Supplementary empowering provision for regulations
172KA: Transmission agreements
172KB: Party must co-operate with investigations
172KC: Privileges protected
172KD: Limits on investigation powers
172KE: Rulings Panel may make certain orders
172KF: Restriction of remedies
172KG: Limit on tort claims against service providers
172KI: Judicial review not precluded
172KJ: Appeals on question of law in relation to decisions by Commission or Rulings Panel
172KK: Right of appeal against suspension or termination orders
172KL: Persons entitled to appeal
172KM: Determination of appeals
172KQ: Appeal to Court of Appeal in certain cases
172L: Purpose
172M: Continuation of Commission
172N: Principal objectives and specific outcomes
172O: Functions of Commission
172P: Body corporate status and powers
172Q: Role of board of the Commission
172R: Membership of the Commission's board
172S: Duties of members
172V: Notice of special meetings of Commission's board
172W: EGB to make recommendations concerning electricity governance regulations and rules
172X: Objectives of recommendations
172Y: Obligation to consult
172Z: Minister must have regard to recommendations
172ZA: Power to direct EGB
172ZB: Procedure for giving direction
172ZC: Levy of industry participants
172ZCA: Commission must consult about request for appropriation
172ZD: Accountability of the Commission
172ZI: Application of subpart
172ZJ: Interpretation
172ZK: Setting of GPS objectives and outcomes
172ZL: Annual performance standards
172ZM: Additional information to be included in annual report
172ZN: Minister must present annual performance report to House of Representatives
172ZO: Assurance audit by Auditor-General
172ZP: Report by Parliamentary Commissioner for Environment
172ZQ: Functions under this subpart
172ZR: Specific authorisation for purposes of restrictive trade practices rules
173: Repeals, revocations, and consequential amendments
174: Regulations deemed to have been made under this Act
175: Savings
178: Rights of entry for energy companies
179: Certificate of compliance where prescribed electrical work covered by building consent
180: Transitional provision relating to electricity agreements
181: Electricity distributors to ensure provision of inspection services
182: Transitional provisions relating to proceedings, etc
Schedule 1: Provisions applying in respect of Rural Electrical Reticulation Council
Schedule 2A: Further provisions for the Commission and the Commission's Board
Schedule 3: Enactments repealed
Schedule 4: Enactments amended
Schedule 5: Regulations and orders revoked
Schedule 6: Regulations deemed to have been made pursuant to section 169
61A: Electricity generators and electricity distributors must have safety management systems
84: Classes of registration may be designated by Board
85: Board may prescribe other registration and licensing matters
86: Minimum standards for registration
87: Principles guiding prescribing of registration and licensing matters
88: Board must consult before making notices
89: Notices made under sections 84 and 85 must be approved by Minister
90: Other provisions relating to notices under sections 84 and 85
91: Entitlement to registration
92: Applications for registration
93: Board may issue provisional licence pending consideration of application
94: Duration of provisional licence
95: Board to consider application
97: Registration subject to terms and conditions
98: Practising licence required
99: Entitlement to practising licence
100: Applications for practising licence
103: Practising licence subject to terms and conditions
104: Duration of practising licence
105: Applications for renewal of practising licence
106: Renewal of practising licence
107: Board may grant exemptions from registration and practising licence requirements and conditions
108: Competence programmes
109: Unsatisfactory results of competence programme
110: Cancellation and suspension generally
111: Effect of suspension
112: Board may cancel registration or licence if obtained wrongfully
113: Cancellation or suspension of overseas qualification, certificate, registration, or licence
114: Board may delegate power to Plumbers, Gasfitters, and Drainlayers Board to act under this subpart
115: Employer licence
116: Requirements treated as satisfied if person obtains certification from approved person
147A: Secretary must supply warrant of authority
147C: Restriction on entry to dwellinghouse
147E: Notices to supply information or documents
147F: Offence to fail to comply with notice to supply information or document
147G: Board must hold hearing if investigator reports that complaint should be considered by Board
147I: Interim suspension or disqualification
147J: Form of interim suspension or disqualification order
147K: Revocation of interim suspension or disqualification
147L: Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order
147M: Disciplinary powers of Board
147N: Costs and expenses
147O: Enforcement of fines, costs, and expenses
147P: Suspension, restriction, or disqualification may take effect immediately
147Q: Effect of disqualification
147W: Evidence
147Y: Orders to be in writing
147Z: Publication of orders
147ZG: Decision to continue in force pending appeal
163A: Offence to fail to comply with condition of employer licence
163B: Offence to breach requirement to have safety management system
163D: Other offences
165B: Infringement notices
165C: Procedural requirements for infringement notices
HM 3: Foreign PIE equivalents
HM 5: What is an investor class?
HM 10: Exclusion: life insurance business
HM 12: Income types
HM 13: Maximum shareholdings in investments
HM 18: Requirements for listed PIEs: unlisted companies
HM 31: Rules for multi-rate PIEs
HM 33: Proxies for PIE investors
HM 48: Adjustments to investor interests or to distributions
HM 51: Use of foreign tax credits by PIEs
HM 64: Use of investor classes’ losses
HM 67: Formation losses carried forward to first quarter
HM 73: Transition: provisional tax
HM 74: Transition: entities with non-standard income years
HM 75: Transition: treatment of shares held in certain companies
Schedule 29: Portfolio investment entities: listed investors
45: Purposes of exercise of Authority's monitoring, investigation, enforcement, and review powers
116: Interpretation for subpart
117: Directions that may be given by shareholding Ministers
120: Purposes of sections 121 to 126
121: Process for Meridian and Genesis to recommend changes to permit conditions in respect of Waitaki Power Scheme
122: Minister may change permit conditions by order
123: Existing agreements with other parties in respect of Waitaki Power Scheme
124: Reconfiguration of existing agreements
125: Other provisions about directions
126: Interface with Resource Management Act 1991
Schedule 5: Existing agreements in respect of Waitaki Power Scheme
2: Commencement
25: Function of Rulings Panel
46: Authority's monitoring, investigation, enforcement, and review powers
47: Power to search
49: Authority may suspend trading in case of insolvency
50: Complaints, appeals, and disputes
53: Powers and procedures of Rulings Panel
118: Process for giving directions
119: Legal effect of directions
130: Specific authorisations for purposes of Commerce Act 1986
131: Distributors and grid owners exempt from liability for certain outages
135: References in documents to Electricity Commission
139: Complaints, investigations, etc, transfer to Authority
140: References to Electricity Governance Rules 2003 and certain regulations
148: Commission's costs in setting customised price-quality path
161: Purposes
5: Overview
7: Interpretation
8: Building: what it means and includes
9: Building: what it does not include
11: Role of chief executive
12: Role of building consent authority and territorial authority
15: Outline of this Part
16: Building code: purpose
17: All building work must comply with building code
18: Building work not required to achieve performance criteria additional to or more restrictive than building code
19: How compliance with building code is established
20: Regulations may specify that there is only 1 means of complying with building code
21: What happens if regulations specifying that there is only 1 means of complying with building code are made or not made
22: Acceptable solution or verification method for use in establishing compliance with building code
23: Effect of acceptable solution or verification method
24: Chief executive may amend or revoke acceptable solution or verification method
25: Content of acceptable solution or verification method
27: Offence to use building product or building method in breach of ban under section 26
28: Limits on certain powers of building consent authority in cases involving bans under section 26
29: Procedural requirements for acceptable solutions, verification methods, warnings, and bans
35: Content of project information memorandum
40: Building work not to be carried out without consent
41: Building consent not required in certain cases
43: Building consent not required for energy work
45: How to apply for building consent
48: Processing application for building consent
53: Applicant for building consent liable to pay levy
54: Building consent authority must advise applicant of amount of levy payable
57: Payment of levy if building work completed in stages
58: Liability to pay levy: building consent authority
EZ 63: Disposal and acquisition upon entry
60: Territorial authority may retain part of levy
65: Chief executive may enter into agreements for auditing certain information
66: Chief executive must review levy
70: Applications relating to energy work
76: Exemption from section 75
79: Effect of entry recorded on record of title
88: Licensed building practitioner to provide record of work in respect of restricted building work
89: Licensed building practitioner must notify building consent authority of breaches of building consent
92: Application for code compliance certificate
93: Time in which building consent authority must decide whether to issue code compliance certificate
94: Matters for consideration by building consent authority in deciding issue of code compliance certificate
97: How to apply for certificate of acceptance
100: Requirement for compliance schedule
101: Owner must comply with requirement for compliance schedule
103: Content of compliance schedule
105: Obligations of owner if compliance schedule is issued
106: Application by owner for amendment to compliance schedule
108: Annual building warrant of fitness
110: Owner must obtain reports on compliance schedule
112: Alterations to existing buildings
115: Code compliance requirements: change of use
127: Building work includes demolition of building
134: When owner must classify dam
140: Requirement for dam safety assurance programme
141: Content of dam safety assurance programme
142: Owner must provide dam safety assurance programme to regional authority
145: Regional authority must require re-audit of dam safety assurance programme that it refuses to approve
149: Who is recognised engineer
150: Owner of dam must supply annual dam compliance certificate
164: Issue of notice to fix
169: Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister
171: Chief executive may seek advice from building advisory panel
172: Appointment of building advisory panel
173: Function of panel
183: Decision or exercise of power suspended until determination made
190: Parties' costs
192: Criteria for registration
194: Application for registration
199: Offence to perform functions of building consent authority if not authorised
200: Interpretation
201: Grounds for disciplinary action
202: Complaints may be made to chief executive
204: Special powers of chief executive for monitoring performance of functions under this Act
222: Inspections by territorial authority
230: Conditions of authorisation
238: Duties of building consent authority
49B: Acceptance of certification
78A: Levy
79A: Pecuniary order for contravening wholesale certification requirement
79B: Compensation for contravention of wholesale certification requirement
251: Criteria for accreditation
253: Application for accreditation
254: Revocation of accreditation
256: Chief executive may appoint dam owner accreditation body
258: Accreditation
259: Revocation of accreditation
261: Chief executive may appoint product certification accreditation body
262: Requirements for product certification accreditation body
263: Accreditation of product certification body
264: Suspension or revocation of accreditation
265: Application for accreditation
266: Suspension or revocation of accreditation
267: Product certification accreditation body must notify chief executive of grant, suspension, lifting of suspension, or revocation of accreditation
268: Application for product certificate
269: Product certificates
270: Annual review of product certificate
271: Suspension or revocation of product certificate
272: Notification to chief executive by registered PCB
273: Chief executive must keep registers
274: Purpose of registers
282: Definitions for this Part
285: Licensing classes may be designated by regulations
287: Applications to become licensed
289: Duty to produce evidence of being licensed
290: Term of being licensed
294: Cancellation of licensing
295: Mandatory licensing suspension
296: Voluntary licensing suspension
297: Effect of licensing suspension
300: Form of register
301: Matters to be contained in register
302: Obligation to notify Registrar of change in circumstances
303: Registrar must contact licensed building practitioners on annual basis
304: Alterations to register
310: Appointment of Registrar of Licensed Building Practitioners
311: Functions of Registrar
314: Offences relating to licensing
315: Complaints about licensed building practitioners
316: Board must investigate complaints
318: Disciplinary penalties
320: Payment and application of charges, fines, and other money
326: Failure to comply with summons
328: Enforcement of actions
341: Establishment of Board
342: Capacity and powers
348: Form and content of annual report
350: Board to publish reports
353: Rules relating to licensed building practitioners
354: Chief executive to prepare proposed rules
355: Particular requirements for preparation of rules containing LBP standards
359: Requirements of sections 355 to 358 relate to amendments and revocations by Board
361: Rules made when approved by Minister
362W: Premises in respect of which duty arises under section 363
363: Protecting safety of members of public using premises open to public or intended for public use
363A: Public use of premises may be allowed before issue of code compliance certificate in some circumstances
364: Offence for residential property developer to transfer household unit without code compliance certificate
386: Liability of principal for acts of agents
394: Service of notices
396: Application of sections 397 to 399
397: Implied warranties for building work in relation to household units
398: Proceedings for breach of warranties may be taken by person who was not party to contract for building work
399: Person may not give away benefit of warranties
400: Regulations: building code
401: Regulations: acceptable solutions, verifications, etc, that must be complied with in order to comply with building code
402: Regulations: general
404: Certain regulations must not come into force earlier than specified date
405: Incorporation of material by reference into certain instruments, solutions, and methods
406: Effect of amendments to, or replacement of, material incorporated by reference
407: Proof of material incorporated by reference
408: Effect of expiry of material incorporated by reference
410: Access to material incorporated by reference
411: Application of Legislation Act 2019 to provisions incorporated by reference
413: Application of Standards and Accreditation Act 2015 not affected
416: Outline of transitional provisions
424: References to Authority
430: Transitional provision for building levy under former Act
432: Transitional provision for certain applications
435: Transitional provision for notices issued under former Act
436: Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act
438: Transitional provision for code compliance certificates and compliance schedules issued under former Act
439: Transitional provision for document used in establishing compliance with building code
441: Transitional provision for applications for continuation or renewal of approval as building certifier under former Act
442: Meaning of approved building certifier
445: What happens if approved building certifier does not apply to be registered as building consent authority by 31 May 2006
446: Certain provisions of former Act apply for purposes of sections 444 and 445
447: Transitional provision for certificate of accreditation issued under former Act
451: Chief executive must review building code
Schedule 3: Further provisions applying to Board
Schedule 4: Enactments amended
2A: Principal Act to bind the Crown
3: Property to vest in trustees or their successors
8: Applications for incorporation may no longer be made by societies
9: Manner in which society may authorise application
10: Applications for incorporation
11: Registration of boards
12: Evidence of incorporation
13: Effect of incorporation
14: Vesting of property
15: Name of board
16: Change of name at application of board
17: Right to appeal to court
18: Service on a board
19: Form of contracts
20: Presumption of validity of acts of trustees, etc
21: Powers in respect of property
22: Power to incorporate for charitable purposes under other Acts
23: New trusts, and alterations of rules, trusts, or registered office
24: Voluntary liquidation of society as a board
25: Liquidation of a board by court
26: Removal by Registrar
27: Distribution of surplus assets
28: Register of boards and seal of Registrar
29: Inspection, production, and evidence of documents kept by Registrar
30: Exemption from fees
31: Interpretation
32: Property may be disposed of for other charitable purposes
33: Extension of powers or alteration of mode of administration of trust
34: Trustees may prepare a scheme
35: Scheme to be laid before Attorney-General
36: Scheme to be advertised
38: Meaning of term charitable purpose in this Part
39: Funds to which this Part applies
40: Property may be disposed of for other charitable purposes
41: Extension of powers or alteration of mode of administration of trust
42: Contributor or money holder may proceed under this Part
43: Convening meeting of contributors
44: Subsequent advertisement or notice of other newly proposed purpose
45: Proceedings at meetings
46: Scheme committee
47: Scheme, etc, to be laid before the Attorney-General
48: Powers and duties of Attorney-General
49: Contributor may get back money before date fixed for first meeting of contributors
50: Attorney-General or court may dispense with meeting of contributors
51: Administration of schemes
52: Expenses of scheme
53: Jurisdiction of court in respect of schemes
54: Approval of scheme or refusal by court to approve scheme to be gazetted
55: Power to waive non-compliance with procedural requirements
56: Restrictions on approval of schemes
57: No fee payable to Registrar
58: Inquiries into condition and management of charities
59: Holder of property to transfer it in accordance with scheme
60: Proceedings to enforce or vary charitable trust or to require a new scheme
61: Alteration of rules of society or corporation not to affect existing trusts
61B: Inclusion of non-charitable and invalid purposes not to invalidate a trust
62: Regulations
63: Repeals, amendment, and savings
Schedule 1: Memorandum of appointment of new trustees
Schedule 2: Forms of application for incorporation as a board
Schedule 3: Enactments repealed
DR 4: Life insurers' claims
EZ 53: How expected death strain is calculated
EZ 54: Expected death strain formulas
EZ 62: Reinsurance transition: life financial reinsurance may be life reinsurance
LA 8B: General rules particular to life insurers
LE 2B: Use of remaining credits by life insurer on policyholder base
61: Powers in relation to appeals and disputes
109: Regulations identifying industry participants and market operation service provider roles
154: Proposals for customised price-quality paths
12: Guarantee as to repairs and spare parts
24A: Criteria for setting reasonable conditions
1: Short Title and commencement
2: Interpretation
3: Public notice
4: Meaning of solvency test
5: Meaning of holding company and subsidiary
6: Extended meaning of subsidiary
8: Certain matters to be disregarded
9: Act binds the Crown
10: Essential requirements
14: Certificate of incorporation
15: Separate legal personality
16: Capacity and powers
17: Validity of actions
18: Dealings between company and other persons
19: No constructive notice
20: Name to be reserved
21: Name of company if liability of shareholders limited
22: Application for reservation of name
23: Change of name
24: Direction to change name
25: Use of company name
26: No requirement for company to have constitution
27: Effect of Act on company having constitution
28: Effect of Act on company not having constitution
29: Form of constitution
30: Contents of constitution
31: Effect of constitution
32: Adoption, alteration, and revocation of constitution
33: New form of constitution
34: Court may alter constitution
36: Rights and powers attaching to shares
37: Types of shares
39: Transferability of shares
40: Contracts for issue of shares
41: Issue of shares on registration and amalgamation
42: Issue of other shares
43: Notice of share issue
44: Shareholder approval for issue of shares
45: Pre-emptive rights
46: Consideration for issue of shares
46A: Consideration for issue of shares on registration
47: Consideration to be decided by board
48: Exceptions to section 47
49: Consideration in relation to issue of options and convertible financial products
50: Consent to issue of shares
51: Time of issue of shares
52: Board may authorise distributions
54: Shares in lieu of dividends
55: Shareholder discounts
56: Recovery of distributions
57: Reduction of shareholder liability a distribution
58: Company may acquire its own shares
59: Acquisition of company's own shares
60: Board may make offer to acquire shares
61: Special offers to acquire shares
62: Disclosure document
63: Stock exchange acquisitions subject to prior notice to shareholders
64: Disclosure document
65: Stock exchange acquisitions not subject to prior notice to shareholders
66: Cancellation of shares repurchased
67: Enforceability of contract to repurchase shares
67A: Company may hold its own shares
67B: Rights and obligations of shares company holds in itself suspended
67C: Reissue of shares company holds in itself
68: Meaning of redeemable
69: Redemption at option of company
70: Company must satisfy solvency test
71: Special redemption of shares
72: Disclosure document
73: Cancellation of shares redeemed
74: Redemption at option of shareholder
75: Redemption on fixed date
76: Financial assistance
77: Company must satisfy solvency test
78: Special financial assistance
79: Disclosure document
80: Financial assistance not exceeding 5% of shareholders' funds
81: Enforceability of transactions
82: Subsidiary may not hold shares in holding company
83: Statement of rights to be given to shareholders
85: Transfer of shares under approved system
86: Transfer of shares by operation of law
87: Company to maintain share register
88: Place of share register
89: Share register as evidence of legal title
90: Directors' duty to supervise share register
91: Power of court to rectify share register
92: Trusts not to be entered on register
93: Personal representative may be registered
94: Assignee of bankrupt may be registered
95: Share certificates
97: Liability of shareholders
98: Liability of former shareholders
99: Additional provisions relating to liability of shareholders and former shareholders
100: Liability for calls
101: Shareholders not required to acquire shares by alteration to constitution
102: Liability of personal representative
103: Liability of an assignee
104: Exercise of powers reserved to shareholders
105: Exercise of powers by ordinary resolution
106: Powers exercised by special resolution
107: Unanimous assent to certain types of action
108: Company to satisfy solvency test
109: Management review by shareholders
110: Shareholder may require company to purchase shares
111: Notice requiring purchase
112: Price for shares to be purchased by company determined
113: Purchase of shares by third party
114: Court may grant exemption
115: Court may grant exemption if company insolvent
116: Meaning of classes and interest groups
117: Alteration of shareholder rights
118: Shareholder may require company to purchase shares
119: Actions not invalid
120: Annual meeting of shareholders
121: Special meetings of shareholders
122: Resolution in lieu of meeting
123: Court may call meeting of shareholders
124: Proceedings at meetings
125: Shareholders entitled to receive distributions, attend meetings, and exercise rights
127: Meaning of board
129: Major transactions
130: Delegation of powers
131: Duty of directors to act in good faith and in best interests of company
132: Exercise of powers in relation to employees
133: Powers to be exercised for proper purpose
134: Directors to comply with Act and constitution
135: Reckless trading
136: Duty in relation to obligations
137: Director's duty of care
138: Use of information and advice
139: Meaning of interested
140: Disclosure of interest
141: Avoidance of transactions
142: Effect on third parties
143: Application of sections 140 and 141 in certain cases
144: Interested director may vote
145: Use of company information
146: Meaning of relevant interest
147: Relevant interests to be disregarded in certain cases
148: Disclosure of share dealing by directors
149: Restrictions on share dealing by directors
152: Director's consent required
153: Appointment of first and subsequent directors
154: Court may appoint directors
155: Appointment of directors to be voted on individually
156: Removal of directors
127: Whirinaki
136: References to reserve generation capacity in resource consents
157: Director ceasing to hold office
158: Validity of director's acts
159: Notice of change of directors
160: Proceedings of board
161: Remuneration and other benefits
162: Indemnity and insurance
163: Interpretation
164: Injunctions
165: Derivative actions
166: Costs of derivative action to be met by company
167: Powers of court where leave granted
168: Compromise, settlement, or withdrawal of derivative action
169: Personal actions by shareholders against directors
170: Actions by shareholders to require directors to act
171: Personal actions by shareholders against company
172: Actions by shareholders to require company to act
173: Representative actions
174: Prejudiced shareholders
175: Certain conduct deemed prejudicial
176: Alteration to constitution
177: Ratification of certain actions of directors
178: Information for shareholders
179: Investigation of records
180: Method of contracting
182: Pre-incorporation contracts may be ratified
183: Warranties implied in pre-incorporation contracts
184: Failure to ratify
185: Breach of pre-incorporation contract
185A: Jurisdiction of District Court
186: Registered office
187: Change of registered office
188: Requirement to change registered office
189: Company records
190: Form of records
191: Inspection of records by directors
192: Address for service
193: Change of address for service
193A: Rectification or correction of address for service
194: Accounting records must be kept
195: Place accounting records to be kept
196: Overview
197: Non-application of subpart if alternative financial reporting duties under financial markets legislation
198: Interpretation
199: Determining number of shareholders
200: Application of preparation provisions
201: Financial statements must be prepared
202: Group financial statements must be prepared
203: Recognition of financial reporting requirements of overseas countries
204: Financial statements for overseas company must include financial statements for large New Zealand business
205: Balance date of subsidiaries
206: Application of audit requirement
207: Financial statements must be audited
208: Obligation to prepare annual report
209: Obligation to make annual report available to shareholders
209A: Board must send copy of annual report or concise annual report on request
209B: Annual report and concise annual report made available by electronic means
210: Information for shareholders who elect not to receive annual report
211: Contents of annual report
211A: Obligations to prepare and make available annual reports or financial statements do not apply to non-active companies
212: Shareholders may elect not to receive documents
213: Failure to disclose
214: Annual return
214A: Registrar may alter New Zealand register
215: Public inspection of company records
216: Inspection of company records by shareholders
217: Manner of inspection
218: Copies of documents
220: Amalgamation proposal
221: Approval of amalgamation proposal
222: Short form amalgamation
223: Registration of amalgamation proposal
224: Certificate of amalgamation
225: Effect of certificate of amalgamation
225A: Registers
226: Powers of court in other cases
227: Interpretation
228: Compromise proposal
229: Notice of proposed compromise
230: Effect of compromise
231: Variation of compromise
232: Powers of court
233: Effect of compromise in liquidation of company
234: Costs of compromise
235: Interpretation
236: Approval of arrangements, amalgamations, and compromises
237: Court may make additional orders
238: Parts 13 and 14 not affected
239: Application of section 233
239A: Objects of this Part
239B: Interpretation of some key terms
239C: Interpretation of other terms
239D: When administration begins
239E: When administration ends
239F: Who may be appointed as administrator
239G: What administrator must do before appointment
239H: Who may appoint administrator
239I: Appointment by company
239J: Appointment by liquidator or interim liquidator
239K: Appointment by secured creditor
239L: Appointment by court
239M: Appointment must not be revoked
239N: Appointment of 2 or more administrators
239O: Remuneration of administrator
239P: When office of administrator is vacant
239Q: Administrator may resign
239R: Removal of administrator
239S: Appointor may appoint new administrator to fill vacancy
239T: Creditors must consider appointment of replacement administrator
239U: Outline of administrator's role
239V: Administrator's powers
239W: Administrator is company's agent
239X: Effect on directors
239Y: Effect on employees
239Z: Effect on dealing with company property
239AA: Company officer's liability for compensation for void transaction or dealing
239AB: Effect on transfer of shares
239AC: Effect on liquidation
239AD: Effect on receivership
239AE: Administrator must investigate company's affairs and consider possible courses of action
239AF: Directors' statement of company's position
239AG: Administrator's right to documents, etc
239AH: Administrator may lodge report with Registrar
239AI: Administrator must report misconduct
239AJ: Administrator must call creditors' meetings
239AK: Conduct of creditors' meetings
239AL: Joint meetings of creditors of related companies in administration
239AM: Related creditor’s vote disregarded unless court orders otherwise
239AN: Administrator must call first creditors' meeting
239AO: Notice of first and subsequent creditors' meetings
239AP: Administrator must table documents at first creditors' meeting
239AQ: Functions of creditors' committee
239AR: Membership of creditors' committee
239AS: What watershed meeting is
239AT: Administrator must convene watershed meeting
239AU: Notice of watershed meeting
239AV: When watershed meeting must be held
239AW: Directors must attend watershed meeting
239AX: Disclosure of voting arrangements
239AY: Court may order that pooled property owners are separate class
239AZ: Adjournment of watershed meeting
239ABA: What creditors may decide at watershed meeting
239ABB: What happens if proposed deed not fully approved at watershed meeting
239ABC: Charge unenforceable
239ABD: Owner or lessor must not recover property used by company
239ABE: Proceeding must not be begun or continued
239ABF: Administrator not liable in damages for refusing consent
239ABG: Enforcement process halted
239ABH: Duties of court officer in relation to company's property
239ABI: Lis pendens taken to exist
239ABJ: Administration not to trigger enforcement of guarantee of liability of director or relative
239ABK: Meaning of terms used in this subpart
239ABL: If secured creditor acts before or during decision period
239ABM: If enforcement of charges begins before administration
239ABN: Charge over perishable property
239ABO: Court may limit powers of secured creditor, etc, in relation to property subject to charge
239ABP: Giving notice under security agreement
239ABQ: If recovery of property begins before administration
239ABR: Recovering perishable property
239ABS: Court may limit powers of receiver, etc, in relation to property used by company
239ABT: Giving notice under agreement about property
239ABU: When liquidator may be appointed to company in administration
239ABV: Court may adjourn application for liquidation
239ABW: Court must not appoint interim liquidator if administration in creditors' interests
239ABX: Effect of appointment of liquidator
239ABY: Former administrator is default liquidator
239ABZ: Person in control of company must lodge revised report with Registrar
239ACA: Act of administrator in good faith must not be set aside in liquidation
239ACB: Voidable transactions and voidable dispositions
239ACC: Who is deed administrator
239ACD: Who may be appointed as deed administrator
239ACE: What deed administrator must do before appointment
239ACF: Appointment of deed administrator must not be revoked
239ACG: Appointment of 2 or more deed administrators
239ACH: When office of deed administrator vacant
239ACI: Deed administrator may resign
239ACJ: Removal of deed administrator
239ACK: Remuneration of deed administrator
239ACL: Deed administrator may sell shares in company
239ACM: When this subpart applies
239ACN: Preparation and contents of deed
239ACO: Execution of deed
239ACP: Procedure if deed not fully approved at watershed meeting
239ACQ: Creditor must not act inconsistently with deed, etc, before execution
239ACR: Company's failure to execute deed
239ACS: Who is bound by deed
239ACT: Extent to which deed binds creditors
239ACU: Person bound by deed must not take steps to liquidate, etc
239ACV: Court may restrain creditors and others from enforcing charge or recovering property
239ACW: Effect of deed on company's debts
239ACX: Court may rule on validity of deed
239ACY: Administrator includes deed administrator
239ACZ: Administrator must file accounts
239ADA: Creditors may vary deed
239ADB: Court may cancel creditors' variation
239ADC: Termination of deed
239ADD: Termination by court
239ADE: Termination by creditors
239ADF: Creditors' meeting to consider proposed variation or termination of deed
239ADG: Administrator not liable for company's debts except as provided in this subpart and in section 239Y
239ADH: Administrator liable for general debts
239ADI: Administrator's liability for rent
239ADJ: Administrator not liable for rental if non-use notice in force
239ADK: Court may exempt administrator from liability for rent
239ADL: Administrator's indemnity
239ADM: Administrator's right of indemnity has priority over other debts
239ADN: Lien to secure indemnity
239ADO: Court's general power
239ADP: Orders to protect creditors during administration
239ADQ: Court may rule on validity of administrator's appointment
239ADR: Administrator may seek directions
239ADS: Court may supervise administrator or deed administrator
239ADT: Court may order administrator or deed administrator to remedy default
239ADU: Court's power when office of administrator or deed administrator vacant, etc
239ADV: Prohibition order
239ADW: Administrator must give notice of appointment
239ADX: Secured creditor who appoints administrator must give notice to company
239ADY: Deed administrator must give notice of execution of deed of company arrangement
239ADZ: Deed administrator must give notice of failure to execute deed of company arrangement
239AEA: Deed administrator must give notice of termination by creditors of deed of company arrangement
239AEB: Company must disclose fact of administration
239AEC: Notice of change of name
239AED: Effect of contravention of this subpart
239AEE: Effect of things done during administration of company
239AEF: Interruption of time for doing act
239AEG: Mutual credit and set-off
239AEH: Application of set-off under netting agreement
239AEI: Calculation of netted balance
239AEJ: Mutuality required for transactions under bilateral netting agreements
239AEK: When mutuality required for transactions under recognised multilateral netting agreements
239AEL: Application of set-off under section 239AEG to transactions subject to netting agreements
239AEM: Transactions under netting agreement and effect on certain sections
239AEN: Rights under netting agreement not affected by commencement of administration
239AEO: Effect of declaration of person as recognised clearing house under section 310K
239AEP: Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K
239AEQ: Interpretation of terms for purposes of this subpart
239AER: Court may order single administration for related companies in administration
239AES: Notice that application filed must be given to administrators and creditors
239AET: Guidelines for single administration order
239AEU: Court may order that related company in administration be added to existing pool
239AEV: Creditors' meetings in single administration of pool companies
239AEW: Pool companies may execute single deed of company administration
240: Interpretation
241: Commencement of liquidation
241AA: Restriction on appointment of liquidator by shareholders or board after application for court appointment served on company
241A: Commencement of liquidation to be recorded
242: Liquidators to act jointly unless otherwise stated
243: Liquidator to summon meeting of creditors
244: Liquidator to summon meeting of creditors in other cases
245: Liquidator may dispense with meetings of creditors
245A: Related creditor’s vote at meeting of creditors to be disregarded unless court orders otherwise
246: Interim liquidator
247: Power to stay or restrain certain proceedings against company
248: Effect of commencement of liquidation
249: Completion of liquidation
250: Court may terminate liquidation
251: Restriction on rights of creditors to complete execution, distraint, or attachment
252: Duties of officer in execution process
253: Principal duty of liquidator
254: Liquidator not required to act in certain cases
255: Other duties of liquidator
256: Duties in relation to records
257: Duties in relation to final report and accounts
258: Duty to have regard to views of creditors and shareholders
258A: Duty to report suspected offences
259: Documents to state company in liquidation
260: Powers of liquidator
260A: Liquidator may assign right to sue under this Act
261: Power to obtain documents and information
262: Documents in possession of receiver
263: Restriction on enforcement of lien over documents
264: Delivery of document creating charge over property
265: Examination by liquidator
266: Powers of court
267: Self-incrimination
268: Power of liquidator to enforce liability of shareholders and former shareholders
269: Power to disclaim onerous property
270: Liquidator may be required to elect whether to disclaim onerous property
271: Pooling of assets of related companies
271A: Notice that application filed must be given to administrators and creditors
272: Guidelines for orders
273: Certain conduct prohibited
274: Duty to identify and deliver property
275: Refusal to supply essential services prohibited
276: Remuneration of liquidators
278: Expenses and remuneration payable out of assets of company
279: Liquidator ceases to hold office on completion of liquidation
280: Who may be appointed as liquidator
281: Validity of acts of liquidators
282: What liquidator must do before appointment
283: Vacancies in office of liquidator
284: Court supervision of liquidation
285: Meaning of failure to comply
286: Orders to enforce liquidator's duties
287: Meaning of inability to pay debts
288: Evidence and other matters
289: Statutory demand
290: Court may set aside statutory demand
291: Additional powers of court on application to set aside statutory demand
292: Insolvent transaction voidable
293: Voidable charges
294: Procedure for setting aside transactions and charges
295: Other orders
296: Additional provisions relating to setting aside transactions and charges
297: Transactions at undervalue
298: Transactions for inadequate or excessive consideration with directors and certain other persons
299: Court may set aside certain securities and charges
300: Liability if proper accounting records not kept
301: Power of court to require persons to repay money or return property
302: Application of bankruptcy rules to liquidation of insolvent companies
303: Admissible claims
304: Claims by unsecured creditors
305: Rights and duties of secured creditors
306: Ascertainment of amount of claim
307: Claim not of an ascertained amount
308: Fines and penalties
309: Claims relating to debts payable after commencement of liquidation
310: Mutual credit and set-off
310A: Definitions relating to set-off under netting agreement
310B: Application of set-off under netting agreement
310C: Calculation of netted balance
310D: Mutuality required for transactions under bilateral netting agreements
310E: When mutuality required for transactions under recognised multilateral netting agreements
310F: Application of set-off under section 310 to transactions subject to netting agreements
310G: Transactions under netting agreement and effect on certain sections
310H: Rights under netting agreement not affected by commencement of liquidation
310I: Set-off under netting agreement not affected by notice under section 294
310J: Court may set aside bilateral netting agreement between company and related person
310K: Certain persons may be declared to be recognised clearing houses
310L: Matters that Bank must or may have regard to when making, varying, or revoking declaration under section 310K
310M: Bank may impose conditions in declaration under section 310K
310N: Bank to notify recognised clearing house about Bank's intention to revoke or vary declaration under section 310K
CD 34B: Distributions to members of co-operative companies
310O: Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K
311: Interest on claims
312: Preferential claims
313: Claims of other creditors and distribution of surplus assets
314: Meetings of creditors or shareholders
315: Liquidation committees
316: Establishment of Liquidation Surplus Account
316A: Transitional provision in relation to voidable transactions
316B: Transitional provision in relation to Liquidation Surplus Account under section 290 of Companies Act 1955
317: Removal from register
318: Grounds for removal from register
319: Notice of intention to remove company under paragraph (aaa), (b), (ba), (bb), (bc), (bd), or (f) of section 318(1)
320: Notice of intention to remove company under paragraph (c), (d), or (e) of section 318(1)
321: Objection to removal from register
322: Duties of Registrar if objection received
323: Powers of court
324: Property of company removed from register
325: Disclaimer of property by the Crown
326: Liability of directors, shareholders, and others to continue
327: Liquidation of company removed from New Zealand register
328: Registrar may restore company to New Zealand register
329: Court may restore company to New Zealand register
330: Restoration to register
331: Vesting of property in company on restoration to register
332: Meaning of carrying on business
332A: Registrar may approve use of different form
333: Name to be reserved before carrying on business
334: Overseas companies to register under this Act
335: Validity of transactions not affected
336: Application for registration
337: Registration of overseas company
338: Use of name by overseas company
339: Alteration of constitution
339A: Rectification or correction of name or address of person authorised to accept service
340: Annual return of overseas company
341: Overseas company ceasing to carry on business in New Zealand
342: Liquidation of overseas company
343: Attorneys of overseas companies
343A: Overseas company not required to provide information, notice, or document in certain circumstances
344: Overseas companies may be registered as companies under this Act
345: Application for registration
346: Overseas companies must be authorised to register
347: Overseas companies that cannot be registered
348: Registration
349: Effect of registration
350: Companies may transfer incorporation
351: Application to transfer incorporation
352: Approval of shareholders
353: Company to give public notice
354: Companies that cannot transfer incorporation
355: Removal from register
356: Effect of removal from register
3: Purpose of this Act
4: Interpretation
5: Act binds the Crown
6: Financial Markets Authority established
7: FMA is Crown entity
9: FMA's functions
11: Associate members
12: Associate member treated as member of board
14: FMA may act by divisions
15: Membership, chairperson, meetings, and resolutions of division
16: Powers of division
17: Quorum for meetings of FMA
18: Completion of proceedings where member unable to attend meeting
19: Assent to resolution without meeting
20: Minister may request that FMA inquire and report
22: Protection from liability for FMA and members and employees
23: FMA's warnings, reports, guidelines, or comments protected by qualified privilege
24: Evidence of orders and decisions of FMA
25: FMA may require person to supply information, produce documents, or give evidence
26: Powers of FMA to receive evidence
27: How evidence may be given
28: Witnesses' expenses
29: Power to enter and search place, vehicle, or other thing
30: Sharing of information and documents with law enforcement or regulatory agencies and overseas regulators
31: Power of FMA to act on requests of overseas regulators
32: FMA's consideration of requests
33: Conditions that may be imposed on providing information, documents, or evidence to other agencies or regulators
34: FMA may exercise person’s right of action
35: Requirements for FMA exercising person’s right of action
36: High Court may grant leave in certain circumstances
37: Procedural requirements for leave to exercise person’s right of action
38: Powers of High Court for proceedings exercising person’s right of action
39: Representative actions
44: Power to make confidentiality orders
45: Publication or disclosure with FMA's consent
46: FMA may accept undertakings
47: Enforcement of undertakings
48: FMA may state case for opinion of High Court
49: FMA may require its warning to be disclosed
52: Power to authorise person to obtain information or documents
53: Requirements for persons authorised to obtain information or documents
55: Protection from liability for persons exercising powers
57: Effect of proceedings
61: Criminal liability for obstructing exercise of powers
62: Notices
63: Service of notices
64: Powers not limited
65: Limitation on disclosure of information obtained in FMA's operations
68: Levy of financial markets participants and other persons registered or incorporated under Acts referred to in Schedule 1
69: FMA must consult about request for appropriation
70: Interpretation
71: Securities Commission disestablished
72: Consequences of disestablishment
73: References to Securities Commission
75: Effect of Act
76: Registers
78: Consequences of disestablishment
79: References to Government Actuary
81: Ministry of Economic Development employees
82: Amendments to other enactments
84: Amendments consequential on replacement of Commission by FMA
85: Amendments consequential on replacement of Government Actuary by FMA
357: Registrar and Deputy Registrars of Companies
358: District and Assistant Registrars of Companies
359: Responsible District Registrar
360: Registers
360A: Rectification or correction of New Zealand register and overseas register
360B: Powers of court
361: Registrar may direct transfer
362: Registration of documents
363: Inspection and evidence of registers
364: Notice by Registrar
365: Registrar's powers of inspection
366: Disclosure of information and reports
367: Application of Official Information Act 1982 and Privacy Act 1993
Schedule 1: Financial markets legislation
368: Appeals from decisions under section 367
369: Inspector's report admissible in liquidation proceedings
370: Appeals from Registrar's decisions
371: Exercise of powers under section 365, 365F, 365G, or 365H not affected by appeal
372: Fees
Schedule 3: Amendments to other enactments
373: Penalty for failure to comply with Act
374: Penalties that may be imposed on directors in cases of failure by board or company to comply with Act
Schedule 4: Amendments to replace references to Securities Commission or Government Actuary
375: Proceedings for offences
376: Defences
377: False statements
378: Fraudulent use or destruction of property
380: Carrying on business fraudulently or dishonestly incurring debt
381: Improper use of Limited
382: Persons prohibited from managing companies
383: Court may disqualify directors
384: Liability for contravening sections 382 and 383
385: Registrar or FMA may prohibit persons from managing companies
386: Liability for contravening section 385 or section 385AA
386A: Director of failed company must not be director, etc, of phoenix company with same or substantially similar name
386B: Definitions for purpose of phoenix company provisions
386C: Liability for debts of phoenix company
386D: Exception for person named in successor company notice
386E: Exception for temporary period while application for exemption is made
386F: Exception in relation to non-dormant phoenix company known by pre-liquidation name of failed company for at least 12 months before liquidation
387: Service of documents on companies in legal proceedings
388: Service of other documents on companies
389: Service of documents on overseas companies in legal proceedings
390: Service of other documents on overseas companies
391: Service of documents on shareholders and creditors
392: Additional provisions relating to service
393: Privileged communications
394: Directors' certificates
395: Regulations
397: Securities Transfer Act 1991 amended
Schedule 1: Proceedings at meetings of shareholders
Schedule 2: Sections of this Act that confer powers on directors that cannot be delegated
Schedule 3: Proceedings of the board of a company
Schedule 4: Information to be contained in annual return
Schedule 5: Proceedings at meetings of creditors
Schedule 6: Powers of liquidators
Schedule 7: Preferential claims
Schedule 8: Proceedings at meetings of liquidation committees
Schedule 9: Liquidation of overseas companies
HR 9B: Bankruptcy-remote property during application of section HR 9
16A: Landlord must have agent if out of New Zealand for longer than 21 consecutive days
16B: Body corporate rules part of tenancy agreement
250: Damaging or interfering with computer system
251: Making, selling, or distributing or possessing software for committing crime
43A: Different Ministries responsible for different codes
Schedule 7: Convention on International Interests in Mobile Equipment
Schedule 8: Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment
398: Act subject to application of Cape Town Convention and Aircraft Protocol
239EA: Voluntary administration of licensed insurers
240A: Liquidation of licensed insurers
HM 35B: Treatment of certain provisions made by multi-rate PIEs
8: FMA's main objective
40: FMA must consult person A
42: Special limitation provision
43: Transitional provisions
50: FMA must give notice of orders
51: Offence of failing to comply with order
54: Non-disclosure of information or documents from exercise of powers under section 25 except in certain circumstances
59: Confidentiality of information and documents
60: Conditions relating to publication or disclosure of information or documents
83: Transitional provisions relating to consequential amendments to Unit Trusts Act 1960
58: Effect of final decision that exercise of powers under section 25 unlawful
67: Regulations relating to fees, charges, and costs
20A: Representative of union must obtain consent to enter workplace
223B: Enforceable undertakings
HB 10: Disposal of livestock
HB 4: General provisions relating to disposals
2: Interpretation
DC 3B: Payments to working owners
HA 33B: Transitional rules for look-through companies, partnerships, and sole traderships
HB 6: Disposal of trading stock
HB 7: Disposal of depreciable property
HB 8: Disposal of financial arrangements and certain excepted financial arrangements
HB 9: Disposal of short-term agreements for sale and purchase
HZ 4C: Qualifying companies: transition into look-through companies
5: Official seal
7: Annual report by Registrar
13: Mode of establishing society
14: Registration of rules of society
17: Contents of rules
22: Society to use registered name
23: Change of name
28: Business not to be commenced before incorporation
32: Union of societies
34: Supplementary provisions as to union and transfer of engagements
73: Change of registered office
83: Directors
86: Disclosure of interest by directors
87: Officers not to accept commissions
88: Notice of changes in holding of certain offices
95: Directors' report
97A: Offences relating to laying financial statements before annual general meeting, half-yearly financial statements, directors' report, and distribution of financial statements
107: Officers and auditors not to be exempted from liability
113A: Building society may approve scheme for conversion of society into company under Companies Act 1993
113C: Special resolution approving scheme for conversion to be registered by Registrar of Building Societies
113E: Consequential provisions on conversion of society
113H: Prohibition on issue of terminating or bonus balloting shares in company to which society converts
113I: Preservation of rights of terminating shareholders
113P: Prohibition of bonus ballots after expiry of 3 years from conversion date
113Q: Regulations for purposes of this Part
118: Dissolution by appointment of liquidator
120: Notice of dissolution or liquidation
258B: Registrar may supply report to FMA
371A: Sharing of information with Financial Markets Authority
385A: Appeals from FMA's exercise of power under section 385 or section 385AA
Schedule 3:
29: Rental service agreement may provide for payment of infringement fee
30: Charging hirer for infringement fee
HM 19B: Modified rules for foreign investment zero-rate PIEs
HM 19C: Modified rules for foreign investment variable-rate PIEs
HM 35C: Determining amounts for notified foreign investors
HM 55D: Requirements for investors in foreign investment PIEs
HM 55G: Allowable amounts and thresholds for income with New Zealand source
HM 55H: Treatment when certain requirements for foreign investment PIEs not met
1: Title
2: Commencement
3: Purpose and scheme of Act
6: Prohibition on providing immigration advice unless licensed or exempt
8: Offshore immigration advice
10: Who may be licensed as immigration adviser
12: Exemption, or removal of exemption, by Order in Council
15: Persons prohibited from licensing
16: Persons subject to restriction on being licensed
18: Application for licence
25: Licence may not be transferred
27: Cancellation of licence
28: Process for cancellation
30: Effective date of cancellation or suspension
33: Expiry of licence
36: Registrar to develop competency standards
37: Registrar to develop code of conduct
45: Procedure on receipt of complaint by Registrar
51: Disciplinary sanctions
53: Suspension of licence pending outcome of complaint
55: Appeal to Tribunal against determination by Registrar to cancel licence
56: Purposes of inspection
63: Offence to provide immigration advice unless licensed or exempt
66: Offence to provide false or misleading information
70: Offence to fail to notify change in circumstances
74: Presumption as to non-exemption
78: Contents of register
83: Effect of interim order
89: Licensing fees
90: Immigration adviser's levy
92: Disclosure of personal information overseas
94: Regulations
107F: Applications to undertake aquaculture activities
116A: When coastal permit for aquaculture activities may commence
123A: Duration of consent for aquaculture activities
165ZN: Application for coastal permit to undertake aquaculture activities
360A: Regulations amending regional coastal plans in relation to aquaculture activities
14A: Outline of responsibilities under this Act
14B: Responsibilities of owner
14C: Responsibilities of owner-builder
14D: Responsibilities of designer
14E: Responsibilities of builder
90B: Meaning of owner-builder
90D: Owner-builder exemption
281B: Authority may increase fee or charge to meet additional cost
281D: Validity of previous fees, charges, and additional costs
314A: Code of ethics for licensed building practitioners
314B: Licensed building practitioner must work within competence
401A: Regulations: building consents and consent completion certificates
EX 67B: Revaluation of inherited interests in grey list companies
CZ 25: Land and buildings as revenue account property affected by Canterbury earthquakes and replaced—insurance or compensation, Government purchase
DB 40B: Expenditure in unsuccessful development of software
DZ 20: Expenditure incurred while income-earning activity interrupted by Canterbury earthquake
YC 19B: Treatment when certain trusts terminated
259E: Effect of amendments to, or replacement of, standards incorporated by reference in regulations
259F: Proof of standards incorporated by reference
HM 55FB: Notified foreign investors and tax credits for supplementary dividends
82A: Requirement for union to hold secret ballot before strike
CW 65: New Zealand Railways Corporation restructure: exempt income
DG 10: Interest expenditure rules
DG 12: Interest expenditure: group companies
DZ 21: Transfer in 2013–14 income year of assets to which subpart DG applies
EC 4B: Compulsory use of herd scheme method for associated persons
ED 4: Valuation of certain excepted financial arrangements denominated in foreign currency
EM 2: Who does this subpart apply to?
EZ 64: New Zealand Railways Corporation restructure: purpose and initial amounts for tax purposes
EZ 66: Prepayments
EZ 67: Leased assets
YC 18C: Railways restructure not affecting Crown economic ownership
14G: Responsibilities of product manufacturer or supplier
134B: Method of classification
207A: Power to require information or documents
207B: Offence to fail to provide information or documents
Schedule 1: Building work for which building consent not required
3: Purpose of Act
4: Interpretation
5: Registration of person carrying on business as auctioneer
6: Disqualification from registration
7: Restriction on who registered auctioneers may engage as auctioneer
8: Application for registration to carry on business as auctioneer
9: Information and material to be included in application
10: Acceptance of application
11: Refusal of application
12: Registration expires after 12 months
13: Annual confirmation
14: Cancelling registrations
15: When registered auctioneer ceases to be registered
16: Obligation to notify Registrar of changes
17: Auctioneer record
18: Storage and inspection of auctioneer record
19: Registrar of Auctioneers
20: Registrar's certificate
21: Register of auctioneers
22: Appeals
23: Interim order by District Court
24: Offences
26: Application of Act to existing licence holders and others
27: Amendments removing exemption from requirement to be registered
28: Consequential repeal and amendments
Schedule : Amendments relating to auctioneers
399: Companies Act 1955 continues to apply for limited purposes
400: Companies restored to register or that have ceased to be in liquidation may be reregistered
401: References to companies incorporated under Companies Act 1955
5: Interpretation
5A: Functions of Secretary
5B: WorkSafe and Secretary must share information
30A: Product safety policy statements
30B: Review of product safety policy statements
31A: Voluntary product recall
33A: Appointment of product safety officers
33C: Powers of product safety officers
33D: Suspension of supply notices
46D: Terms of management banning orders
46F: Procedures relating to management banning order
47K: Commission may authorise employees for monitoring and enforcement purposes
22B: Certificate of accuracy required for certain weighing or measuring instruments
6: Meaning of employee
23: When access to workplaces may be denied on religious grounds
29: Persons who have standing in proceedings relating to unions
40: Who may initiate bargaining
41: When bargaining may be initiated
43: Employees' attention to be drawn to initiation of bargaining
45: One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement
52: When collective agreement comes into force and expires
56: Application of collective agreement
56A: Application of collective agreement to subsequent parties
57: Employee bound by only 1 collective agreement in respect of same work
64: Employer must retain copy of individual employment agreement or individual terms and conditions of employment
69A: Object of this subpart
69B: Interpretation
69C: Meaning of contracting in, contracting out, and subsequent contracting
69D: Meaning of new employer
69E: Examples of contracting in, contracting out, and subsequent contracting
69F: Application of this subpart
69G: Notice of right to make election
69I: Employee may elect to transfer to new employer
69K: Terms and conditions of employment of transferring employee under fixed term employment
69L: Agreements excluding entitlements for technical redundancy not affected
69M: New employer becomes party to collective agreement that binds employee electing to transfer
69N: Employee who transfers may bargain for redundancy entitlements with new employer
69OB: Interpretation
69OE: Updating disclosure of employee transfer costs information
69OI: Interpretation
21: Meaning of supply
24: Meaning of notifiable incident
37: Duty of PCBU who manages or controls workplace
38: Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces
39: Duty of PCBU who designs plant, substances, or structures
40: Duty of PCBU who manufactures plant, substances, or structures
41: Duty of PCBU who imports plant, substances, or structures
42: Duty of PCBU who supplies plant, substances, or structures
69OJ: Collective agreements and individual employment agreements must contain employee protection provision
69OK: Affected employee may choose whether to transfer to new employer
74: Calculation of maximum number of days of employment relations education leave
81: Meaning of strike
82: Meaning of lockout
86: Unlawful strikes or lockouts
91: Lockouts in essential services
98: Record of strikes and lockouts
100B: Amendment and revocation of code of practice
EZ 32F: Applicable accounting standard for section EX 21E: former generally accepted accounting practice without IFRS
48S: Certain conduct under Financial Markets Conduct Act 2013 does not contravene various provisions of this Act
EJ 20B: Certain mining expenditure spread over assumed life of mine
EJ 20D: Measurement of assumed life of mine and application to rate
EJ 20E: Certain mining expenditure spread on basis of units of production
EZ 69: IFRS financial reporting method: interest-free and low-interest loans
130: Wages and time record
46A: Undertaking may include requirements as to compensation or penalties
48A: FMA may appear and be heard and adduce evidence
207A: Audit must be carried out in accordance with auditing and assurance standards
207B: Auditor must report to shareholders
207C: Auditor's report must be sent to Registrar and External Reporting Board if requirements have not been complied with
207D: Application of registration provisions
207E: Financial statements must be registered
207F: Shareholders may request copy of financial statements prepared for tax purposes
207G: Financial reporting offences
207H: Period during which company may opt in or opt out
207I: Companies with 10 or more shareholders may opt out
207J: Large companies may opt out of audit requirement
207K: Companies with fewer than 10 shareholders may opt in
207L: Registrar may grant exemptions to overseas companies
207M: Publication and status of exemptions
207N: Consultation
207O: Exemption may apply to accounting period before exemption is granted
207P: Auditor must be appointed if financial statements must be audited
207Q: Registrar may appoint auditor
207R: Resignation and casual vacancy
207S: Auditor's fees and expenses
207T: Automatic reappointment
207U: Replacement of auditor
207V: Auditor not seeking reappointment or resigning
207W: Auditor's attendance at shareholders' meeting
207X: Interpretation in this subpart
207Y: Infringement offences
207Z: Infringement notices
207ZA: Procedural requirements for infringement notices
207ZB: Payment of infringement fee
340A: Financial reporting requirements for large overseas companies
163: Restriction on Authority's power in relation to collective agreements
232: Compilation of wages and time record
234: Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay
246: Expiration of existing collective employment contracts
95A: Indemnity disputes
36S: Regulations
36Y: Application of subpart
36ZF: Account and payment of proceeds
7A: Guarantee of acceptable quality in supply of gas and electricity
Schedule 1A: Employees to whom subpart 1 of Part 6A applies
138A: Offence for serious breach of director's duty to act in good faith and in best interests of company
236A: Arrangement or amalgamation involving code company
236B: Takeovers code does not apply where court order under section 236
Schedule 10: Interest class: principles
CG 2D: Remitted and other amounts: companies leaving groups
2A: Purposes of this Act
15A: Purpose of FMA's powers relating to registration
15B: FMA may prevent registration of financial service provider
15C: FMA may prevent registration regardless of whether applicant is otherwise qualified to be registered
18A: Purpose of FMA's powers relating to deregistration
18B: Consideration of deregistration of financial service provider by FMA
18C: FMA may direct deregistration regardless of whether section 18(1) applies
EW 33B: Foreign ASAPs: designated FX hedges
EW 33C: Consideration in foreign currency: some agreements for sale and purchase
EZ 77: Substituting debentures repeal: transitional rules
199G: Removal of development contributions commissioners
199L: Liability of development contributions commissioners
207B: Response to request for development agreement
207C: Content of development agreement
175A: Chief executive may provide dispute resolution services
362A: Outline of this Part
362B: Meaning of building work and residential building contract
362D: Building contractor must provide information before residential building contract entered into
362E: Purpose of regulations under section 362D
362F: Minimum requirements for residential building contract over certain value
362G: Regulations may prescribe content, etc of residential building contract
362H: When provisions relating to implied warranties apply
362I: Implied warranties for building work in relation to household units
362J: Proceedings for breach of warranties may be taken by non-party to contract
362L: Remedies for breach of implied warranty
362M: Remedies if breach of warranty can be remedied
362N: Remedies if breach of warranty cannot be remedied or breach is substantial
362O: Meaning of substantial breach
362P: Rules applying to cancellation
362Q: Building contractor or on-seller must remedy defect notified within 1 year of completion
362R: Definitions for purposes of section 362Q
362S: Exclusion of liability for event not attributable to fault of building contractor or on-seller
362U: Purpose of regulations under section 362T(2)
362V: Offence for commercial on-seller to transfer household unit without code compliance certificate
29: Insurance against fines unlawful
44A: Employer may opt out of bargaining for collective agreement, or for agreement to join collective agreement, involving 2 or more employers
69CA: Exempt employer
69CC: Persons warranty to be provided to
69LA: Liability for costs of service-related entitlements of transferring employee
86A: Notice of strike
86B: Notice of lockout
95AA: Withdrawal of notice of strike or lockout
69DA: Associated person
69OAA: False warranty: exempt employer
94A: Meaning of ultimate holding company information
94B: Notice of ultimate holding company changes
367A: Confidentiality of director information
387A: Service of documents on directors in legal proceedings
388A: Service of other documents on directors
365A: Purpose of sections 365B to 365H
365B: Control interests in shares (basic rule)
365C: Extension of basic rule to powers or controls exercisable through trust, agreement, etc
365D: Extension of basic rule to interests held by other persons under control or acting jointly
365E: Situations not giving rise to control interests
365F: Registrar may require persons to disclose control interests and powers to get control interests
365G: Registrar may require disclosure about controllers or delegates of directors
365H: Registrar may specify deadlines, form, and verification for information required under section 365F or 365G
366A: Registrar's powers to insert note of warning in register
366B: Registrar must remove note of warning
385AA: Additional power for Registrar or FMA to prohibit persons from managing companies
56: Duty to notify notifiable event
161: Conduct of directors, employees, or agents attributed
204: Requirements for authorisation of workplaces
205: Requirements for authorisation of plant or substance
GB 52: Arrangements involving residential land: companies’ shares
DB 22B: Amounts paid for commercial fit-out for building
EZ 69B: IFRS financial reporting method: equity or other comprehensive income
MX 1: When subpart applies
MX 2: Corporate eligibility criteria
MX 4: R&D loss tax credits
MX 6: Deduction if increase in basic tax rate for company
OB 47B: Tax paid by recipients of R&D loss tax credits
Schedule 22: Proscribed R&D activities
4B: Employer’s general obligation to keep records relating to minimum entitlement provisions
142B: Court may make declarations of breach
142V: Insurance against pecuniary penalties unlawful
142W: Involvement in breaches
142X: Person involved in breach liable to penalty
235E: Infringement fees
174D: Establishment of workplace incentive programmes
174E: Amendments to workplace incentive programme
GB 15BA: CFC income or loss: arrangements for inclusion of CFC in test group
360C: Alteration of entries on New Zealand register and overseas register without application
1: Title
4: Revision Act
6: Transitional, savings, and related provisions
7: Status of examples
8: Act binds the Crown
9: Interpretation
16: Court may authorise variation or discharge
19: This subpart does not apply to promises, contracts, or deeds governed by foreign law
23: Interpretation
32: This subpart does not apply to contracts governed by foreign law
33: Meaning of cancel
58: This subpart does not apply to contracts governed by foreign law
65: Estimates of expenses
69: This subpart does not apply in certain circumstances
70: Interpretation
91: Further provisions relating to application of sections 86 to 90
92: Contracts of service and life insurance contracts have effect as if minor were of full age
99: Persons who may apply
100: Referral of application
101: Contracts relating to property held on trust
110: Sections 103 to 109 do not limit or affect certain other provisions
147: Reservation of right of disposal
180: Goods delivered to ship chartered by buyer
182: How right is exercised
185: Effect of subsale or pledge by buyer
200: Rights and duties enforceable by proceeding
201: Savings
202: Purpose
203: Interpretation
205: Convention to be code
206: Certificates about Contracting States
207: Purpose
208: Overview
209: Interpretation
210: Further provision relating to interpretation
211: Validity of information
212: When default rules in sections 213 to 216 apply
213: Time of dispatch
215: Place of dispatch
216: Place of receipt
217: Time of communication of acceptance of offer
218: When subpart applies
219: When legal requirement can be met by electronic means
221: When integrity of information maintained
222: Legal requirement that information be in writing
223: Legal requirement to record information in writing
224: Legal requirement to give information in writing
225: Legal requirements relating to layout and format of certain information and writing materials
226: Legal requirement for signature
227: Legal requirement that signature or seal be witnessed
228: Presumption about reliability of electronic signatures
229: Legal requirement to retain document or information that is in paper or other non-electronic form
230: Legal requirement to retain information that is in electronic form
231: Extra conditions for electronic communications
232: Legal requirement to provide or produce information that is in paper or other non-electronic form
233: Legal requirement to provide or produce information that is in electronic form
234: Legal requirement to provide access to information that is in paper or other non-electronic form
235: Legal requirement to provide access to information that is in electronic form
236: Originals
237: Legal requirement relating to content of information
238: Copyright
239: Regulations and Order in Council to amend Schedule 5
240: Authority to prescribe electronic forms and requirements for using electronic forms
241: Overview
242: This subpart applies to carriage of goods by carrier under contract
243: This subpart does not apply to international carriage, to postal services, or in certain other cases
244: Other remedies affected
245: Contracting out permitted for some matters
246: Interpretation
247: Meaning of unit of goods
248: Liability depends on kind of contract of carriage
249: Particular kind of contract of carriage is matter for agreement subject to meeting requirements for that kind
250: Requirements for contract for carriage at owner's risk
251: Requirements for contract for carriage at declared value risk
252: Requirements for contract for carriage on declared terms
253: Difference between amounts charged must be fair and reasonable for contract at owner’s risk or declared value risk
254: Contract between contracting carrier and actual carrier or between actual carriers
255: Application of sections 256 to 258
256: Liability of contracting carrier
257: When responsibility for goods begins
258: When responsibility for goods ends
259: Carrier’s liability limited to $2,000 for each unit of goods or to declared value
260: Carrier not liable in certain circumstances
261: Application of provisions on liability of actual carrier to contracting carrier
262: Liability where 1 actual carrier is involved
263: Liability where more than 1 actual carrier is involved
264: When actual carriers are jointly responsible or separately responsible for goods
265: Provisions relating to joint liability of actual carriers
266: Rights of contracting party where contracting carrier insolvent or cannot be found
267: Liquidator or assignee in bankruptcy holds money on trust
268: Special rules relating to liability of carrier in respect of baggage
269: Other rules relating to hand baggage
270: Contracts of successive carriage by air
271: When successive carriers are jointly responsible or separately responsible for goods
272: Liability of carrier’s employee
273: Contracting party to warrant condition of goods and compliance with enactments
275: Notice of claim against actual carrier must be given within 10 days
276: No notice required if carrier is or ought to be aware of damage or loss or in case of fraud
277: Non-notified proceeding may be brought with carrier’s consent or leave of court
279: Limitation on proceedings against carriers for damage to or partial loss of goods
280: Proceeding may be brought after limitation period with carrier’s consent or leave of court
282: Contracting out permitted on rights of carriers
283: Right to sue for freight
285: Carrier’s lien
286: Notice of carrier’s claim
287: Carrier may store goods
288: Sale of goods by public auction
289: Storage and disposal of unclaimed or rejected goods
290: Disposal of perishable goods
291: Disposal of dangerous goods
292: Liability of carrier extinguished in respect of sale or disposal of goods
293: Common carrier of goods abolished
295: Certain other Acts not affected
296: Interpretation
297: Sale, pledge, or other disposition by agent in possession with owner’s consent is valid
298: Buyer, etc, has notice of lack of authority if goods subject to perfected security interest
300: Provisions relating to consent
304: Agreements through employees or other authorised persons
305: Consignee’s lien
306: Effect of transfer of document of title to goods on vendor’s lien and right of stopping goods in transit
307: Mode of transferring documents
308: Saving of rights of true owner
309: Common law powers of mercantile agent
310: Application of this subpart
311: This subpart applies without prejudice to application of Hague Rules
312: Interpretation
313: Goods that cease to exist or cannot be identified
314: Holder of bill of lading or person to whom delivery is to be made has rights under contract of carriage
315: Rights where possession of bill of lading no longer gives right to possession of goods
316: Rights in relation to ship’s delivery order
318: Transfer extinguishes certain rights
319: Person in whom rights are vested becomes subject to liabilities
320: Liabilities exclude liabilities in respect of goods to which ship’s delivery order does not relate
321: Right of stopping goods in transit, or claims for freight, not affected
322: Bill of lading in hands of shipper, consignee, or endorsee is conclusive evidence as against master or other signer of bill
323: Regulations relating to network or other information technology
324: Special provisions about received for shipment bills of lading
325: Interpretation
326: Shipowner may enter and land goods in default of entry and landing by owner of goods
327: Place for landing goods
328: Owner who is ready and offers to land or take delivery of goods
329: Landing of goods at wharf where ship is discharged for purpose of sorting goods
330: Requirement for notice in certain circumstances
331: Continuation of lien for freight if shipowner gives notice
332: Discharge of lien on production of receipt and delivery of copy of receipt or release
333: Discharge of lien on deposit with warehouse owner
334: Right of wharf owner or warehouse owner, if no notice is given, to pay deposit to shipowner
335: Course to be taken if notice to retain is given
336: Wharf owner or warehouse owner may sell goods by public auction after 90 days
337: Notices of sale to be given
338: How money arising from sale is to be applied
339: Wharf owner’s or warehouse owner’s rent and expenses
340: Wharf owner’s or warehouse owner’s protection
345: Repeal of revised Acts
346: Revocation
347: Amendments to other enactments
Schedule 1: Transitional, savings, and related provisions
Schedule 2: Minor amendments to clarify Parliament’s intent or reconcile inconsistencies
Schedule 3: Comparative table
Schedule 4: United Nations Convention on Contracts for the International Sale of Goods
Schedule 5: Enactments and provisions excluded from subpart 3 of Part 4
Schedule 6: Consequential amendments
27B: When entity qualifies to be listed as charity
176A: Challenge to decision relating to listing of entity as charity
118: Stipulations not of essence of contracts
343: How notice of sale is given to owner of goods
344: How money arising from sale is to be applied
209C: Alternative obligations for FMC reporting entities
162B: Application of subpart
162E: Manufacturers and retailers must supply notice
240B: Liquidation of associations
Schedule 11: Liquidation of associations
8A: Transitional, savings, and related provisions
Schedule 1AA: Transitional, savings, and related provisions
EW 46C: Consideration when debt remitted within economic group
EY 16B: Policyholder base allowable deductions: consideration for investment management services
EY 19B: Shareholder base income: consideration credited for investment management services
FC 10: Transfers from person to Official Assignee under Insolvency Act 2006
IA 3B: Tax losses and procedures under Insolvency Act 2006
RF 2B: Non-resident financial arrangement income: outline and concepts
RF 12I: Concepts used for definition of related-party debt
DW 5: Aircraft operators: aircraft engines and aircraft engine overhauls
EJ 25: Allocation of expenditure on aircraft engine overhauls: election by IFRS user
EJ 27: Disposal of aircraft engine or aircraft
FO 21: When amalgamating companies are parties to financial arrangements: economic groups
HZ 4E: Transition out of LTC regime for Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017
133AT: Alterations to buildings subject to EPB notice
133AA: Buildings to which this subpart applies
Schedule 1AA: Transitional, savings, and related provisions
129A: Energy Efficiency and Conservation Authority consultation about request for appropriation
131A: Application of electricity industry legislation to secondary networks
30: Landlord to keep records
139: Regulations relating to accommodation brokers
5B: Act does not apply to certain conduct regulated by Takeovers Code
33: Importation of certain goods prohibited
35: Safety standards in respect of services
36: Compliance with services safety standards
169D: Legal effect of electricity safety instruments
169C: Minister may approve electricity safety instruments
169E: Minister may delegate approval of electricity safety instruments to WorkSafe
2B: Transitional, savings, and related provisions
15A: Registrar may change name
16A: Effect of change of name
22A: Acknowledgement of registration
26AA: Restoration to register
28A: Amendments to register
Schedule 1AA: Transitional, savings, and related provisions
Schedule 35: Public purpose Crown-controlled companies
CG 8B: Recoveries after deductions for high-priced bloodstock removed from New Zealand
EC 39B: Stud-founding bloodstock and related terms
EZ 6B: National minimum price threshold for 2019 calendar year
Schedule 18B: Premier yearling sales
EC 47C: When prospective breeders treated as being in breeding business
EC 47E: Prospective breeders commencing actual breeding businesses
HR 9BA: Elections to treat debt funding special purpose vehicles as transparent
EZ 82: Transfers of deposits when adverse event income equalisation accounts abolished
LY 1: Research and development tax credits
LY 3: When this subpart applies
LY 6: Contracted research and development expenditure
LY 7: Foreign research and development expenditure
LY 9: Orders in Council
LY 10: Evaluation
OB 9C: ICA credit for research and development tax credit
OP 11C: Consolidated ICA credit for research and development tax credit
GB 56: Arrangements involving research and development tax credits
402: Validation of fee used to recover costs of Registrar of New Zealand Business Numbers
EW 52B: Excepted financial arrangements involving pre-1990 forest land emissions units
OB 78B: Co-operative companies attaching imputation credits to cash distributions to groups
399A: International visitor conservation and tourism levy
239ABMA: Enforcement of security interest over collateral for qualifying derivative
64B: Statement of expectations
Schedule 1AA: Transitional, savings, and related provisions
1: Title
3: Purposes
4: Outline
5: Interpretation
8: Act binds the Crown
15: Functions of racing codes
16: Racing codes must prepare statement of intent
17: Racing codes must prepare business plan
19: Racing codes must distribute funds received from TAB NZ to racing clubs
20: No pecuniary interest in club property
21: Restriction on dealing with racing venue
22: Restriction on dealing must be recorded on record of title
23: Interpretation
24: Transfer of assets on dissolution of club
25: Transfer of assets if racing clubs combine
26: Transfer of surplus venue by agreement
27: Transfer of surplus venues by Order in Council
32: Effect of transfer of surplus venue
37: Racing rules
38: Amendment of racing rules
39: Availability and status of racing rules
40: Rules controlling or prohibiting admission to racecourses
41: Rules must not conflict with any Act or general law
42: Racing Integrity Board established
43: Objectives of Board
45: Board members
46: Funding of Board
47: Board must prepare statement of intent
48: Board must prepare business plan
50: Further provisions relating to adjudicative committees and appeals tribunals
51: Chief executive may appoint inspectors
52: Powers of inspector
53: Obstructing inspector
54: TAB New Zealand established
55: Governing body of TAB NZ
57: Objectives of TAB NZ
58: Functions of TAB NZ
59: Accounts and audit
60: Performance and efficiency audit
61: TAB NZ must operate in financially responsible manner
62: TAB NZ must prepare statement of intent
63: TAB NZ must prepare business plan
64: Annual report
65: TAB NZ may maintain reserves
66: Setting of racing calendar and allocation of racing dates
67: Change of racing dates, allocations, or conditions
68: Issue of betting licences
69: Amendment or revocation of betting licence
70: Betting licence must not be issued for certain days
72: Distribution to codes
73: Regulations relating to distribution from betting profits
74: TAB NZ may conduct betting
75: Racing clubs may conduct equalisator betting
76: Racing betting rules
77: Application of revenue from racing betting
79: Agreements with New Zealand national sporting organisations
80: Agreements with Sport and Recreation New Zealand
81: Use of facilities
82: Application of revenue from sports betting
83: Rules relating to other racing or sports betting conducted by TAB NZ
84: Deductions for totalisator betting
85: Availability of betting rules
86: Amounts of dividends
87: Use of betting systems for gaming purposes
88: Amalgamation with overseas betting systems
89: Offences relating to underage betting
91: Betting contracts enforceable
92: Bets may be refused
94: Application for territorial authority consent
97: Adoption and review of TAB venue policy
98: Regulations relating to harm prevention and minimisation
99: Regulations relating to admission to and exclusion from TAB venues
100: Regulations relating to exclusion of problem gamblers from TAB venues and racecourses
102: TAB NZ must provide information to chief executive
103: Purpose and overview
104: Territorial scope
105: Interpretation
110: Requirements on offshore betting operators before using New Zealand racing and sporting information
111: Terms and conditions of betting information use agreement
113: Requirement to pay consumption charges
114: Minister must set rates of consumption charges
115: Information to be provided relating to consumption charges
118: Application of money received from consumption charges and penalties
119: Maximum amount of penalties
120: Recovery of outstanding charges and penalties
121: Obligation to pay penalty not suspended by review or legal proceedings
123: Regulations for offshore betting
125: Restriction on use of certain names
126: Application of Official Information Act 1982
127: Crown not liable for debts
128: Other regulations
129: Consequential amendments
130: Repeal and revocations
Schedule 1: Transitional, savings, and related provisions
Schedule 2: Provisions relating to adjudicative committees and appeals tribunals
Schedule 3: Provisions relating to TAB NZ
Schedule 4: Provisions relating to performance and efficiency audit of TAB NZ
Schedule 5: Consequential amendments to other enactments
133BU: Owner directed to give information
133BW: Works to remove or reduce other risks
133BX: Works for long-term use or occupation of building
207P: Report with findings of investigation
EC 39C: Setting and publication of national minimum price threshold
18: Annual report
14: Objectives of racing codes
CR 3B: Lloyd’s of London: income from life insurance premiums
49: Annual report
33: Racing codes must prepare property investment strategy in respect of transferred assets and venues
CW 26F: Meaning of share
112: Penalty for using New Zealand racing and sporting information in contravention of section 110
71: Amounts of distribution to codes
106: Declaration of New Zealand sporting events
108: Functions and powers of designated authority
107: Designated authority for each scheme
116: Penalties relating to consumption charges
HZ 11: Protection from non-compliance: Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020
44: Functions and powers of Board
6: Application of Act to hunt clubs
117: Certain offshore betting operators not liable for consumption charges
ED 2B: Transfers to shareholders by ASX-listed Australian company of shares in subsidiary
LZ 13: Part-year override of section LY 3(2)(b)
109: Delegation
9: Racing New Zealand established
10: Functions of Racing New Zealand
11: Servicing and funding of Racing New Zealand
12: Delegation of functions and powers by racing codes
13: Membership of Racing New Zealand
124: Resolution of disputes
56: Selection panel
138B: Safe harbour for directors relating to effects of COVID-19
218A: Temporary modification relating to powers of attorney and outbreak of COVID-19
218B: Period for which temporary modification applies
218C: Requirements relating to orders made under section 218B
218D: Repeal of temporary modification provisions
291A: Meaning of related party
25A: COVID-19 business debt hibernation may apply
Schedule 12: Safe harbour provisions relating to outbreak of COVID-19
395A: COVID-19 business debt hibernation
Schedule 13: COVID-19 business debt hibernation
395B: Regulations relating to COVID-19 business debt hibernation
34: Racing code may determine that racing club is no longer racing
35: Appeal to High Court
36: Racing club no longer racing may be dissolved
28: Minister must have regard to certain matters before recommending order under section 27
29: Minister must not recommend order under section 27 if special circumstances exist
30: What happens if exemption from transfer to code unjustified under section 28(3)
31: Minister must appoint reviewer before recommending order
239TA: Provision of information and assistance to replacement administrator
239AMA: Creditor’s vote disregarded if administrator considers creditor is related creditor
239AMB: Further powers where court orders creditor’s vote be taken into account
239AMC: Power of court where outcome of voting at creditors’ meeting determined by related creditor
239APA: Requirements for interests statement
239ABYA: Provision of information and assistance to liquidator
239ACEA: Requirements for interests statement
239ACJA: Provision of information and assistance to replacement deed administrator
239ACZA: Administrator must file updates to interests statement
239ACZB: Administrator must file summary report
239ADUA: Meaning of failure to comply
239ADWA: Deed administrator must give notice of appointment
243A: Directors’ declaration that debts will be paid within 12 months
245B: Creditor’s vote disregarded if liquidator considers creditor is related creditor
245C: Further powers where court orders creditor’s vote be taken into account
245D: Power of court where outcome of voting at meeting of creditors determined by related creditor
255A: Requirements for interests statement
256A: Duties in relation to company money
283A: Provision of information and assistance to replacement liquidator
296A: Dispositions of property after application but before appointment of liquidator
296B: Procedure for setting aside dispositions
296C: Other orders
296D: Additional provisions relating to setting aside dispositions
RC 7B: AIM method
DT 7B: Resuming commercial production: petroleum development expenditure
LT 1: Tax credits for petroleum miners
7A: Application of Act
12A: Registration for certain overlapping services not required
22A: Registrar must not reregister financial adviser if direction has been made
22B: Suspension of registration
22C: Registration of financial advisers
22D: Financial adviser may be deregistered if not engaged by provider for extended period
44A: Who financial adviser is treated as engaged by when engaged indirectly
44B: FMA acts as licensing authority in relation to operators of financial product markets
CZ 37: Income equalisation schemes
CZ 38: Disposals of trading stock to non-associates without business purpose
GB 3BAC: Arrangements to shift expenditure from companies carrying forward loss balances
GZ 4: Disposals of trading stock to donee organisations or public authorities
EZ 81: Refund of excess deposit in adverse event income equalisation account as consequence of election under section EZ 4B
IB 3: When tax loss components of companies carried forward despite ownership continuity breach
IB 4: Business continuity period
23: Information-sharing provisions between Registrar and Commission
GC 20: Effect of purchase price allocation agreement
240A: Temporary modification relating to powers of attorney and COVID-19
240B: Period for which temporary modification applies
240C: Order in Council may extend application period
240D: Order in Council may provide for modification to cease to apply
240E: Repeal of temporary modification provisions
77O: Qualifying matters in application of intensification policies to urban non-residential areas
FE 7B: Interest on public project debt for certain excess debt entities
FE 16B: Total group non-debt liabilities
FH 13: Election by borrower under financial arrangement
GC 15: Aspects of loan adjusted for application of sections
GC 16: Credit rating of borrower: other than insuring or lending person
GC 17: Credit rating of borrower: insuring or lending person
GC 18: Loan features disregarded by rules for transfer pricing arrangements
FZ 8: Transition period for amendments to interest apportionment rules
403: Validation of fees used to recover costs of other Companies Office registers, etc
44AA: Validation of fees used to recover costs of other Companies Office registers, etc
2A: Transitional, savings, and related provisions
6A: Meaning of involved in
40A: Revocation of urgent amendments
44A: Distribution agreements
22A: Minister may establish Small Electricity Consumers Agency
22B: Function of agency
44B: Minister may amend Code to include specified matters
44C: Interpretation
44D: Not interconnected under Commerce Act 1986
44E: Illegal contracts
44F: Substance matters, not form
47A: Sharing of information and documents with public service agencies, statutory entities, gas industry body, and overseas regulators
47B: Authority may impose conditions on provision of information or documents
113A: Regulations about small business consumers
129B: Small Electricity Consumers Agency consultation about request for appropriation
131B: Material incorporated by reference
9A: Meaning of building product
9B: Meaning of building method
203A: Chief executive may initiate investigation
203C: Disciplinary powers of chief executive
207BB: Powers of entry and inspection
267A: Registration of product certification body
267B: Audit of registered PCB
267C: Suspension of registration of PCB
267D: Lifting of suspension of registration of PCB
267E: Revocation of registration of PCB
272A: Registration of product certificates
272B: Suspension of registration of product certificate
272C: Lifting of suspension of registration of product certificate
272D: Revocation of registration of product certificate
272E: Product certification scheme rules
272F: Procedure for making product certification scheme rules
272G: Offence to misrepresent status as product certification body
272H: Offence to misrepresent product certificate
272I: Appointment of modular component manufacturer certification accreditation body
272J: Accreditation of modular component manufacturer certification body
272K: Audit of accredited MCMCB
272L: Suspension or revocation of accreditation of MCMCB
272M: Notification to chief executive by MCMC accreditation body
272N: Registration of modular component manufacturer certification body
272O: Audit of registered MCMCB
272P: Suspension of registration of MCMCB
272Q: Lifting of suspension of registration of MCMCB
272R: Revocation of registration of MCMCB
272S: Urgent suspension of registration of MCMCB
272T: Investigation following urgent suspension
272U: Certification of modular component manufacturer
272V: Audit of certified MCM
272W: Suspension or revocation of certification of MCM
272X: Notification to chief executive by registered MCMCB
272Y: Registration of modular component manufacturer
272Z: Audit of registered MCM
272ZA: Suspension of registration of MCM
272ZB: Lifting of suspension of registration of MCM
272ZC: Revocation of registration of MCM
272ZD: Urgent suspension of registration of MCM
272ZF: Registered MCM may issue certificate for modular components
272ZG: MCM scheme rules
272ZH: Procedure for making MCM scheme rules
272ZI: Offence to misrepresent status
272ZJ: Offence to misrepresent modular component as manufactured by registered MCM
362VA: Building product information requirements may be prescribed
362VB: Failure to comply with building product information requirements an offence
362VC: False or misleading representations in relation to building products
362VD: Defences for offences against sections 362VB and 362VC
362VE: Notice to take corrective action
362VF: Compliance with notice to take corrective action
404: Purpose of imposing levies
405: Regulations relating to levies
406: Implementation of levies
407: Matters to which Minister must have regard
408: Minister must consult
409: Review of sections 404 to 408 and levies
Schedule 14: List of relevant Acts and registers
Schedule 15: Registered persons that may be subject to levy
FL 3: Treatment of companies that start being treated as non-resident and their shareholders
EW 46D: Consideration when insolvent company’s debt repaid with consideration received for issuing shares
165ZDA: Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities on own initiative
30A: Society may reregister under Incorporated Societies Act 2022
359A: Employment infringement offence
365B: How infringement notice may be served: employers
383A: Publication of names and information in respect of immigration offences
DZ 20B: Expenditure incurred while income-earning activity interrupted by North Island flooding event
FZ 7B: Valuation of group assets: insurance proceeds from North Island flooding events
HC 38: Beneficiary income of certain close companies
Schedule 39: Items for purposes of definition of special excluded depreciable property
165ZFHC: Extension of coastal permits for marine farms
165ZFHJ: Purpose of review
This project is an experiment to take difficult language, and make it easier to read and understand for everyone.
What’s our process for taking the law and turning it into plain language?
Laws are often hard to read. They use a lot of words and language we don’t usually use when we talk.
What are the good and bad sides of using AI?
We hope that this information will help people understand New Zealand laws. But we think that it’s important you talk to someone who understands the law well if you have questions or are worried about something.
You can talk to Community Law or Citizen’s Advice Bureau about your rights.
Remember that AI can make mistakes, and just reading the law isn’t enough to understand how it could be used in court.