Parliament bill

Regulatory Systems (Internal Affairs) Amendment Bill

Royal assent · Introduced by Hon Brooke van Velden · ACT Party

Last checked
July 15, 2026 15:52
Source captured
July 15, 2026 15:52
Source
View on Parliament.nz

What this bill does

The bill passed its third reading by voice vote; no party or individual counts were recorded. According to the bill’s stated purpose, Internal Affairs laws contain outdated, overly prescriptive, redundant, inconsistent, or incomplete rules that can make regulatory systems harder to administer. The bill aims to make regulatory systems overseen by the Department of Internal Affairs more effective and efficient. The bill makes wide-ranging technical updates across laws affecting people, businesses, public bodies, and service providers: it removes obsolete rules, corrects gaps and cross-references, and changes selected administrative processes, eligibility rules, information handling, and publication requirements.

AI-assisted summary based on the bill text and linked Hansard debates.

Latest voting result

May 28, 2026
Third reading: Passed Voice vote

Decision recorded by voice vote; no individual or party counts were recorded.

View the vote in Hansard

Arguments raised in Parliament

AI-assisted summary of the linked Hansard debates. Each point is grounded in the cited transcript.

Arguments for

The Registrar-General’s ability to omit traumatic sensitive information from birth certificates is claimed to improve the mental wellbeing of affected individuals.

Moving RealMe participating-agency approvals from Cabinet to the Department of Internal Affairs is claimed to make approvals more efficient while retaining privacy-policy and recent-breach checks.

Allowing the Minister to cancel compromised passports in bulk after a data breach is intended to protect affected New Zealand citizens from fraudulent use of their passport details.

Arguments against

Removing statutory search-purpose controls for the charities register could make it easier for harassers to identify and target people associated with ethnic, Pacific, or religious charities.

Nuance and qualifications

In response to Māori data concerns, the Minister said the historical-information change does not release additional information but makes already available information easier to obtain directly.

The boxing-and-wrestling repeal is delayed so the combat-sports review can potentially establish an updated regulatory regime before the existing framework disappears.

Bill text

Regulatory Systems (Internal Affairs) Amendment Bill

Version published February 12, 2026 00:00.

Regulatory Systems (Internal Affairs) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Regulatory Systems (Internal Affairs) Amendment Act 2025 . 2 Commencement This Act comes into force on the day after Royal assent. However,— aaa sections 18 to 21 come into force on the earlier of the following: i 1 April 2028 ; and ii a date set by Order in Council; and a sections 41 to 43 come into force 10 working days after the date on which this Act comes into force under subsection (1) ; and b sections 108 , 115A, and 116(2) come into force on the earlier of — the following: i a date appointed by the Governor-General by Order in Council; and ii 31 29 March 2027 ; and . iii a date set by Order in Council. An Order in Council made under subsection (2)(b)(i) (2)(aaa)(ii) or (b)(iii) is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 3 Principal Act This Part amends the Births, Deaths, Marriages, and Relationships Registration Act 2021. 4 Section 62 amended (Overseas divorce or dissolution certificate may be provided to Registrar-General) Replace section 62(1) with: 1 A person may provide to the Registrar…
Read full bill text
Regulatory Systems (Internal Affairs) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Regulatory Systems (Internal Affairs) Amendment Act 2025 . 2 Commencement This Act comes into force on the day after Royal assent. However,— aaa sections 18 to 21 come into force on the earlier of the following: i 1 April 2028 ; and ii a date set by Order in Council; and a sections 41 to 43 come into force 10 working days after the date on which this Act comes into force under subsection (1) ; and b sections 108 , 115A, and 116(2) come into force on the earlier of — the following: i a date appointed by the Governor-General by Order in Council; and ii 31 29 March 2027 ; and . iii a date set by Order in Council. An Order in Council made under subsection (2)(b)(i) (2)(aaa)(ii) or (b)(iii) is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 3 Principal Act This Part amends the Births, Deaths, Marriages, and Relationships Registration Act 2021. 4 Section 62 amended (Overseas divorce or dissolution certificate may be provided to Registrar-General) Replace section 62(1) with: 1 A person may provide to the Registrar-General a certificate issued outside New Zealand in respect of a divorce or dissolution of a marriage or civil union if— a the divorce or dissolution occurred outside New Zealand; and b the certificate relates to a New Zealand citizen or a person ordinarily resident in New Zealand. 1A The form of the certificate must be a court order of divorce or dissolution, or other equivalent evidence of the divorce or dissolution. 5 Section 69 amended (Application for name change by eligible person) In section 69(2)(a), replace if the application is approved with on the date on which the name change is registered the eligible person is notified that their application has been . 5A Section 70 amended (Application for name change by guardian of eligible child) In section 70(2)(a), replace if the application is with on the date on which the guardian is notified that the eligible child’s application has been . 5B New section 78A inserted (Subject of information may request certificate with registered information omitted) After section 78, insert: 78A Subject of information may request certificate with registered information omitted 1 This section applies if any of the following persons requests a certificate under section 78: a an individual who would be the subject of the certificate: b a personal representative of the individual who would be the subject of the certificate. 2 The Registrar-General may, if requested by a person referred to in subsection (1) , omit registered information from the certificate if the Registrar-General reasonably believes that inclusion of the information in the certificate would prejudice the personal safety or well-being of— a the individual who would be the subject of the certificate; or b the family of the individual who would be the subject of the certificate. 6 Section 80 amended (Contents of birth certificates generally) After section 80(3) (c) (a) , insert: d section 92A (which allows the Registrar-General to omit registered information from a certificate). aa section 78A (which provides for registered information to be omitted from a birth certificate): 7 Section 81 amended (Contents of birth certificate issued after correction of information in birth record) After section 81(6), insert: 7 This section is subject to section 92A (which allows the Registrar-General to omit registered information from a certificate) section 78A (which provides for registered information to be omitted from a birth certificate) . 8 Section 83 amended (Contents of adopted person’s birth certificate) After section 83(3), insert: 3A Subsection (3) is subject to section 92A (which allows the Registrar-General to omit registered information from a certificate) section 78A (which provides for registered information to be omitted from a birth certificate) . 9 Section 84 amended (Contents of death certificate) In section 84, insert as subsection (2): 2 This section is subject to section 92A (which allows the Registrar-General to omit registered information from a certificate) section 78A (which provides for registered information to be omitted from a death certificate) . 10 Section 85 amended (Contents of marriage or civil union certificate) After section 85(3), insert: 4 This section is subject to section 92A (which allows the Registrar-General to omit registered information from a certificate) section 78A (which provides for registered information to be omitted from a marriage certificate or a civil union certificate) . 11 Section 86 amended (Contents of name-change certificate) After section 86(2), insert: 3 Subsection (1) is subject to section 92A (which allows the Registrar-General to omit registered information from a certificate) section 78A (which provides for registered information to be omitted from a name-change certificate) . 12 New section 90A inserted (Registrar-General may supply historical information in bulk) After section 90, insert: 90A Registrar-General may supply historical information in bulk 1 The Registrar-General may enter into an agreement with an organisation to supply any of the historical information specified in section 90 in bulk to that organisation. 2 The agreement may authorise the organisation to make the information supplied under the agreement available to search on an Internet site maintained by or on behalf of that organisation. 13 Section 92 amended (Registrar-General may provide access to information or document unless restriction applies) Before section 92(2)(a), insert: aaa section 92A (which allows the Registrar-General to omit registered information from a certificate); and 14 New section 92A inserted (Registrar-General may omit registered information from certificate) After section 92, insert: 92A Registrar-General may omit registered information from certificate The Registrar-General may omit registered information from a birth, death, name change, marriage, or civil union certificate if the Registrar-General is satisfied there is a good reason to do so. 15 Section 110 amended (Any reference to illegitimate deemed to be deleted) Replace section 110(2) with: 2 Despite subsection (1), the Registrar-General may provide or make available information or printouts under section 92 or 97(3) that include a notation that is deemed to be expunged and deleted under subsection (1). 16 Section 120 amended (Registrar-General may provide information for statistical purposes or for health, historical, or demographic research) In section 120(5), replace subsection (2)(b)(ii) with subsection (2)(c) . 17 New section 128A inserted (Registrar-General’s other powers of inquiry in relation to information provided for notices of marriage) After section 128, insert: 128A Registrar-General’s other powers of inquiry in relation to information provided for notices of marriage 1 The Registrar-General may require a person who verifies information by appearing personally before the Registrar under section 23(2A)(b) of the Marriage Act 1955 to make a statutory declaration in support of the information. 2 The Registrar-General may require a person who verifies information by giving notice to the Registrar under section 23(3) of the Marriage Act 1955 to make a statutory declaration in support of the information. 17A Section 138 amended (False statements) Replace section 138(1)(d) with: d knowingly makes, or causes to be made, any statement that the person knows to be false and intends to be misleading in connection with— i a request to omit registered information from a certificate under section 78A ; or ii a request for a non-disclosure direction under section 102: 18 Repeal of Boxing and Wrestling Act 1981 The Boxing and Wrestling Act 1981 (1981 No 28) is repealed. 19 Boxing and Wrestling Regulations 1958 revoked The Boxing and Wrestling Regulations 1958 (SR 1958/72) are revoked. 20 Principal Act Section 21 amends the Search and Surveillance Act 2012. 21 Consequential amendment to principal Act Amend the principal Act as set out in Part 1 of Schedule 5 . 22 Principal Act Sections 23 22A to 25 amend the Charities Act 2005. 22A Section 8 amended (Establishment, functions, duties, and powers of Board) After section 8(6), insert: 6A The functions, duties, and powers of the Board are not affected by any vacancy in the membership of the Board. 23 Section 27 amended (Search of register) In section 27(1), replace this Act or regulations with any regulations relating to access to the register . Repeal section 27(2). 24 Sections 28 and 29 repealed Repeal sections 28 and 29. 24 Section 28 repealed (Search purposes) Repeal section 28. 24A Section 29 amended (When search constitutes interference with privacy of individual) In section 29, replace sections 27 and 28 with section 27 . 25 New section 58VA inserted (Online publication of information about procedures, time frames, and progress of decisions) After section 58V, insert: 58VA Online publication of information about procedures, time frames, and progress of decisions The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice: a information about the purpose of the Authority and how to commence a proceeding: b any requirements that must be met to bring a proceeding: c guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected. 26 Principal regulations Section 27 amends the Charities (Fees and Other Matters) Regulations 2006. 27 Regulation 8 revoked (Search criteria for register of charitable entities) Revoke regulation 8. 28 Principal Act This Part amends the Citizenship Act 1977. 29 Section 15 amended (Renunciation of citizenship) In section 15(4), delete or section 8A . 30 Section 24 amended (General provisions as to certificates and other documents) After section 24(3), insert: 3A Subsection (3) does not apply to a New Zealand citizen by descent who later acquires New Zealand citizenship by grant in relation to the certificate that confirms their citizenship by descent. 31 Amendments to principal Act to update gender references Amend the principal Act as set out in Schedule 1 . 32 Principal Act Sections 33 to 40 amend the Electronic Identity Verification Act 2012. 33 New section 5A inserted (Transitional, savings, and related provisions) After section 5, insert: 5A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms. 34 Section 7 amended (Interpretation) In section 7, definition of participating agency , after section 67 , insert or by the chief executive under section 52A . 35 Section 34 amended (Suspension of processing of application or electronic identity credential) After section 34(1)(b), insert: c the department makes an error in processing an application; or d the department requires more information in order to process an application. 36 New section 52A inserted (Participating agencies) After section 52, insert: 52A Participating agencies 1 The chief executive may, on the application of a body, office, or officer, declare any of the following to be a participating agency for the purposes of this Act: a a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975: b an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975: c a local organisation named in Part 3 of Schedule 1 of the Ombudsmen Act 1975: d a court or tribunal specified in an order made under section 6 of the Electronic Courts and Tribunals Act 2016: e any other organisation, whether part of the State services or not: f a statutory office or statutory officer established or appointed by or under an Act administered by a body referred to in paragraphs (a) to (e) . 2 The chief executive may, by declaration,— a on the application of a replacement body, office, or officer, replace a participating agency with another participating agency: b replace the name of a participating agency and substitute another name in recognition of a change in the participating agency’s name: c revoke a participating agency’s status as a participating agency. 3 The chief executive may make a declaration under subsection (1) or (2)(a) if satisfied it is appropriate to do so after having regard to the following: a the nature of the proposed participating agency’s undertaking or activity and whether the proposed participating agency has a genuine need to become a participating agency in carrying out that undertaking or activity: b the proposed participating agency’s policies and practices in relation to— i the security of information; and ii the privacy of individuals: c any other matter that the chief executive considers to be relevant. 4 The chief executive may make a declaration under subsection (2)(c) if satisfied it is appropriate to do so, for any reason, including if— a the agency has persistently failed to comply with— i the standards and specifications set by the chief executive under section 47: ii a reporting requirement under section 48; or b the agency’s use of electronic identity credentials or electronic identity photographs has been suspended by the chief executive for an indefinite period under section 49. 5 The chief executive must— a maintain a list of participating agencies, including classes of bodies, offices, or officers that have been declared to be participating agencies under section 67; and b publish that list on an Internet site that is under the chief executive’s control in an electronic form that is publicly accessible (at all reasonable times) and free of charge. 37 Section 67 amended (Regulations relating to participating agencies) In section 67(1), replace declaring any of the following to be a participating agency with declaring members of a class of any of the following to be participating agencies . Repeal section 67(2) to (4). 38 Section 68 repealed (When Minister may recommend certain regulations relating to participating agencies) Repeal section 68. 39 Sections 73 to 75 and cross-heading above section 73 repealed Repeal sections 73 to 75 and the cross-heading above section 73. 40 New Schedule 1AA inserted Insert the Schedule 1AA set out in Schedule 2 of this Act as the first schedule to appear after the last section of the principal Act. 41 Principal regulations Sections 42 and 43 amend the Electronic Identity Verification Regulations 2013. 42 Regulation 4 amended (Participating agencies) Revoke regulation 4(1)(q). 43 Schedule 1 revoked Revoke Schedule 1. 44 Principal Act Sections 45 to 58 58A amend the Films, Videos, and Publications Classification Act 1993. 45 Section 2 amended (Interpretation) In section 2, repeal the definition of Board of Review or Board . In section 2, definition of Chief Censor , delete of Film and Literature . In section 2, definition of Classification Office , replace Office of Film and Literature Classification with Classification Office . In section 2, definition of Deputy Chief Censor , delete of Film and Literature . In section 2, definition of labelling body , replace approved with appointed . In section 2, insert in their appropriate alphabetical order: overseas authority means an overseas agency, body, or person Review Board or Board means the Classification Review Board established by section 91 45A Section 9 amended (Applications for issue of label) Replace section 9(3)(b) with: b the fee prescribed in regulations made under section 149 (if any). 46 Section 39 amended (Register of classification decisions made on or after 1 October 2012) Replace section 39(4) with: 4 The Chief Censor must enter the decision information in the register,— a in the case of a decision notified by the Classification Office under section 38(1) or by the Board under section 55(1)(c), within 5 working days after the notification: b in the case of a decision by the Classification Office in respect of a film for which a direction is given under section 36(1) or (1A), as soon as is reasonably practicable after the direction is given: c in any other case, as soon as is reasonably practicable after the decision is made. 4A Subsection (4B) applies if,— a in respect of a film submitted or referred to the Classification Office under section 12 or 46E(3), the Classification Office or the Board examined the film; and b the classification applicant has requested, in writing, to the Chief Censor that registration of the decision information be delayed until a date specified in their request (the specified date ). 4B Despite subsection (4) , the Chief Censor must not enter the decision information in the register before the specified date, unless they are satisfied that entry earlier than the specified date is necessary in the public interest. After section 39(6) , insert: 7 In this section,— classification applicant means,— a in relation to a film submitted to the Classification Office under section 12, the person who applied to the labelling body under section 9(1) in respect of that film; or b in relation to commercial video on-demand content referred to the Classification Office under section 46E(3), the specified CVoD provider that referred that content under that provision decision information means the information specified in subsection (3). 47 Section 47 amended (Right of review) Replace section 47(3) and (3A) with: 3 An application for the leave of the Secretary under subsection (2)(e) must be made in the prescribed manner. 3A The Secretary must grant an application for leave under subsection (2)(e) unless the Secretary is satisfied that doing so would not be in the public interest. 47A Section 72 amended (Approval of labelling body) In the heading to section 72, replace Approval with Appointment . In section 72(1), replace Subject to this section, the Minister may from time to time, on application made to the Minister in accordance with section 73, approve any body or organisation with The Minister may, by notice in the Gazette , appoint a body or an organisation . Replace section 72(2) with: 2 An appointment under this section— a takes effect— i on the date on which the relevant notice is published in the Gazette ; or ii if a later date is specified in the notice, that later date; and b continues to have effect until it is revoked under section 75. In section 72(3), replace grant an approval with appoint a body or an organisation . In section 72(4), replace shall not approve a body or organisation with may not appoint a body or an organisation . Replace section 72(4)(a) with: a the body or organisation has given, in writing, its consent to the appointment; and Repeal section 72(5). 47B Section 73 repealed (Application for approval as labelling body) Repeal section 73. 47C Section 74 amended (Community representatives) In section 74(2)(a), replace approving any body or organisation with appointing a body or an organisation . In section 74(4), replace approval with appointment . 47D Section 75 replaced (Revocation of approval) Replace section 75 with: 75 Revocation of appointment of labelling body 1 The Minister may, at any time, by notice in the Gazette , revoke the appointment of a body or an organisation as the labelling body. 2 The notice must specify the date on which the revocation takes effect, which must be at least 6 months after the date on which the notice is published in the Gazette . 3 Before making a notice, the Minister must give the labelling body an opportunity to be heard. 48 Cross-heading above section 76 replaced Replace the cross-heading above section 76 with: Classification Office 49 Section 76 amended (Office of Film and Literature Classification) Replace the heading to section 76 with Classification Office . In section 76(1) and (2) , replace Office of Film and Literature Classification with Classification Office . 50 Section 81 amended (Term of office) In section 81(1) , replace section 80 with section 80(1) . 51 Section 87 replaced (Chief Censor may delegate powers) Replace section 87 with: 87 Chief Censor may delegate powers and functions 1 The Chief Censor may delegate any of their powers and functions under this Act to— a the Deputy Chief Censor, except this power of delegation (but see section 87A ); and b a classification officer, except the powers and functions under the following provisions: i section 13(3): ii section 22A: iii section 46G: iv section 46H: v section 46I: vi section 85: vii this section: viii section 150A: ix clause 2 of Schedule 1. 2 The delegation— a must be in writing; and b may be made either generally or in relation to a particular case or class of cases. 3 The Chief Censor may impose restrictions or conditions on the delegation. 4 Subject to any restrictions or conditions that the Chief Censor imposes, the person to whom any powers or functions are delegated under this section may exercise those powers or perform those functions in the same manner, subject to the same restrictions, and with the same effect as if they had been directly conferred on them by this Act and not by delegation. 5 A person acting under delegation under this section must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation. 6 The Chief Censor may revoke or amend a delegation made under this section at any time. 7 A delegation made under this section— a continues in force until it is revoked; and b does not affect or prevent the exercise of a power or performance of a function by the Chief Censor. 8 If the Chief Censor ceases to hold office, the delegation continues to have effect as if made by the Chief Censor’s successor in office. 87A Deputy Chief Censor may subdelegate powers and functions 1 The Deputy Chief Censor may, with the prior approval of the Chief Censor, subdelegate specified powers and functions to a classification officer. 2 Section 87(2) to (8) applies, with any necessary modifications, to a subdelegation made under this section as if the subdelegation were a delegation under section 87 . 3 In this section, specified powers and functions means powers and functions delegated to the Deputy Chief Censor under section 87(1)(a) , but not the powers and functions specified in section 87(1)(b) . 52 Cross-heading above section 91 replaced Replace the cross-heading above section 91 with: Classification Review Board 53 Section 91 amended (Film and Literature Board of Review) Replace the heading to section 91 with Classification Review Board . In section 91 , replace Film and Literature Board of Review with Classification Review Board . 54 Section 100 amended (Meetings of Board) In section 100(1), replace Board of Review with Review Board . 55 Section 145A amended (Extraterritorial jurisdiction for certain offences as required by Optional Protocol) In section 145A(1), replace child pornography with child sexual abuse material . In section 145A(1), after the definition of child pornography , insert: Guidance note The definition of child sexual abuse material is based on the definition of child pornography in Article 2(c) of the Optional Protocol. In section 145A(2), replace child pornography with child sexual abuse material . 56 Section 145C amended (Offences deemed to be included in extradition treaties) In section 145C(1), replace child pornography with child sexual abuse material . In section 145C(5), replace child pornography with child sexual abuse material . 57 New sections 145D to 145F and cross-heading inserted After section 145C, insert: Disclosure of information by Department of Internal Affairs 145D Disclosure of information to overseas authority for enforcement purposes 1 The purpose of this section is to facilitate the disclosure of information by the Secretary to an overseas authority for the purpose of assisting the authority to carry out its functions relating to, or involving, the prevention, detection, investigation, prosecution, or punishment of offences. 2 The Secretary may, for the purpose of this section, disclose any information to an overseas authority— a in accordance with a written agreement entered into between the Secretary and the overseas authority that complies with subsection (4) ; or b in accordance with subsection (5) . 3 Before entering into a written agreement under this section or varying any such agreement, the Secretary must consult the Privacy Commissioner. 4 For the purposes of subsection (2)(a) , a written agreement must specify— a the particular type or class of information to be disclosed; and b how the information is to be used by the overseas authority to assist with the carrying out of its functions; and c the form in which the information is to be disclosed; and d the safeguards that are to be applied for protecting personal information or commercially sensitive information that is disclosed; and e the requirements relating to storage and disposal of the information; and f the circumstances (if any) in which the information may be disclosed by the overseas authority to another specified agency and how that disclosure may be made. 5 The Secretary may disclose information to an overseas authority without a written agreement if— a the functions of the overseas authority include the prevention, detection, investigation, prosecution, or punishment of offences that are, or if committed in New Zealand would be,— i relevant offences as defined in section 145A(1) ; or ii other offences under this Act punishable by imprisonment; and b the information is disclosed subject to conditions stating— i the use that the overseas authority may make of the information; and ii either— A that the overseas authority must not disclose the information to any other agency, body, or person; or B that the overseas authority may disclose the information, or part of it, to a specified agency, body, or person subject to certain conditions; and c the Secretary makes and keeps a record of— i the information that was disclosed; and ii the overseas authority or authorities to which it was disclosed; and iii the conditions subject to which it was disclosed. 6 The Privacy Commissioner may, at intervals of not less than 12 months, require the Secretary to undertake a review of 1 or both of the following: a an agreement entered into under this section and the arrangements for disclosure under that agreement: b the disclosure of information under subsection (5) during a period specified by the Privacy Commissioner. 7 The Secretary must undertake a review required by the Privacy Commissioner under subsection (6) and, as soon as practicable after concluding that review, report the findings of the review to the Privacy Commissioner. 8 This section does not limit the general powers of the Secretary to enter into agreements not related to the disclosure of information with any overseas authority. 9 In this section,— information means information held by the Department of Internal Affairs for the purposes of this Act personal information means information about an identifiable person. 145E Publication of agreement entered into under section 145D 1 An agreement entered into under section 145D , and all variations of it, must be published on an Internet site maintained by, or on behalf of, the Department of Internal Affairs. 2 However, subsection (1) does not apply to— a an agreement or a variation of an agreement that may be withheld on a request under the Official Information Act 1982 : b a provision of an agreement or a variation of an agreement that may be withheld on a request under the Official Information Act 1982 . 3 If, in reliance on subsection (2)(a) , the agreement or a variation of the agreement is not published, a summary of the agreement or variation of the agreement must be published on an Internet site maintained by, or on behalf of, the Department of Internal Affairs. 145F Relationship between section 145D and other legislation, instruments, etc Nothing in section 145D limits or prevents the disclosure of information that is— a authorised or required under any treaty, agreement, or arrangement concluded by the Government of New Zealand; or b authorised or required under any other enactment; or c permitted under any other enactment. 58 Section 147 amended (Printed matter to be marked with name and address of publisher or wholesale distributor) In section 147(4), delete of Justice . 58A Schedule 1AA amended In Schedule 1AA,— a insert the Part set out in Schedule 2A of this Act as the last Part; and b make all necessary consequential amendments. 59 Principal regulations Sections 60 to 72 amend the Films, Videos, and Publications Classification Regulations 1994 . 60 Regulation 11A amended (Steps referred to in regulation 11(3)) In regulation 11A(1), replace Board of Review with Review Board . 61 Regulation 11C amended (Symbols used in table in regulation 11B) In regulation 11C(2)(a), replace Board of Review with Review Board . 62 Regulation 17 amended (Labels issued at direction of Classification Office or Board of Review) In the heading to regulation 17, replace Board of Review with Review Board . In regulation 17(1) and (3), replace Board of Review with Review Board in each place. 63 Regulation 18AAE amended (Classification symbols for commercial video on-demand content) In regulation 18AAE(1)(a), replace Board of Review with Review Board . 64 Regulation 18A amended (Labels issued at direction of Classification Office or Board of Review under section 36A(2) of Act) In the heading to regulation 18A, replace Board of Review with Review Board . In regulation 18A(1), (2), and (3), replace Board of Review with Review Board . 65 Regulation 20A amended (Labels must be displayed, etc, in manner specified in relevant condition under section 27(4)(a) of Act) In regulation 20A(1)(a) and (b), replace Board of Review with Review Board . 66 Regulation 35 amended (Register of Classification Decisions) In regulation 35(1), replace Board of Review with Review Board in each place. 67 Regulation 35A amended (Film database) Replace regulation 35A(2) with: 2 The Classification Office must add details to or update the details in the database of films,— a if section 39(4B) of the Act applies, as soon as is reasonably practicable after the Chief Censor enters the decision information in the register under that provision: b in any other case, as soon as is reasonably practicable after receiving a notice under regulation 16(3), 18AA(3), or 18AAD(2) or issuing a direction under section 36 of the Act. 68 Regulation 43 amended (Application for leave of Secretary to apply for review) In regulation 43(1)(b)(i) and (d), replace Board of Review with Review Board . 69 Regulation 61C amended (Symbols used in table in regulation 61B) In regulation 61C(2)(a), replace Board of Review with Review Board . 70 Schedule 1 amended In Schedule 1, notes,— a replace Office of Film and Literature Classification with Classification Office in each place; and b replace Film and Literature Board of Review with Classification Review Board . 71 Schedule 1A amended In Schedule 1A, note,— a replace Office of Film and Literature Classification with Classification Office ; and b replace Film and Literature Board of Review with Classification Review Board . 72 Schedule 2 amended In Schedule 2, form 1 heading and paragraph 1, replace Film and Literature Board of Review with Classification Review Board . 73 Principal Act Section 74 amends the Broadcasting Act 1989. 74 Consequential amendment to principal Act Amend the principal Act as set out in Part 2 of Schedule 5 . 75 Principal Act Section 76 amends the Crown Entities Act 2004. 76 Consequential amendment amendments to principal Act Amend the principal Act as set out in Part 2 of Schedule 5 . 77 Principal Act Section 78 amends the Ombudsmen Act 1975. 78 Consequential amendment amendments to principal Act Amend the principal Act as set out in Part 2 of Schedule 5 . 79 Principal Act Section 80 amends the Remuneration Authority Act 1977. 80 Consequential amendment to principal Act Amend the principal Act as set out in Part 2 of Schedule 5 . 81 Principal Act Sections 82 to 85 amend the Fire and Emergency New Zealand Act 2017. 82 Section 81 amended (Interpretation in this Part) In section 81(1), repeal the definitions of personal property , property , and residential land . In section 81(1), replace the definition of residential property with: residential property means real property that is composed of— a 1 or more dwellings; and b any appurtenant structure for that dwelling or those dwellings (such as a garage or garden shed); and c any other real property or class of real property that is used solely or principally for residential purposes, including the following real properties or classes of real property if used solely or principally for residential purposes: i land: ii an apartment building: ii a building or part of a building or other immovable structure such as a garage or garden shed: iii a bridge, a culvert, or a retaining wall and its support system: iv service infrastructure : . v a building or another immovable structure that is used to house service infrastructure (such as a shed housing a pump that supplies drinking water to a house) In section 81(1), insert in their appropriate alphabetical order: appurtenant structure , in relation to a dwelling or dwellings, means a building or another immovable structure, or part of a building or another immovable structure,— a that is not part of the dwelling or dwellings; and b that is appurtenant to the dwelling or dwellings; and c that is used by the owners or other occupants of the dwelling or dwellings for household purposes (such as parking or storage) or for access to the dwelling or dwellings dwelling has the meaning given in section 81A household property — a means personal property that— i is located in or on residential property; or ii is usually located in or on residential property but is temporarily removed from the residential property; but b does not include property used solely or principally for commercial purposes service infrastructure means a structure or other fixture used to provide water supply, drainage, sewerage, gas, electricity, heating, or telecommunications 83 New section 81A inserted (Meaning of dwelling) After section 81, insert: 81A Meaning of dwelling 1 A building or part of a building is a dwelling if— a it is self-contained with the facilities necessary for day-to-day living on an indefinite basis (including somewhere to cook, sleep, live, wash, and use a toilet); and b 1 or more of the following apply to it: i it is used by 1 or more persons to live in as their home: ii it is used by 1 or more persons as their holiday home: iii it is capable of being, and is intended by its owner to be, used for a purpose set out in subparagraph (i) or (ii) . 2 A building, or part of a building, is also a dwelling if it is used to provide long-term accommodation for the elderly. 3 A building, or part of a building, that meets the criteria in subsection (1) or the criterion in subsection (2) is a dwelling even if it is used some of the time to provide temporary or transient accommodation. Some facilities in separate building 4 A building, or part of a building, may meet the criteria in subsection (1)(a) even if some of the facilities referred to in that paragraph are in an appurtenant a separate structure, provided that they are for the exclusive use of the owners or other occupants of the dwelling. Example A holiday home whose toilet is in an outhouse may be a dwelling. A holiday home that is a cabin in a campground, where the occupants rely on a toilet in a shared ablution block, would not be a dwelling. Dwelling that is not a building 5 If a vehicle (including a motor vehicle, trailer, boat, or aircraft) or structure (or part of a vehicle or structure) that is not ordinarily considered to be a building is immovable,— a it is taken to be a building (or part of a building); and b it is a dwelling if it meets the criteria in subsection (1) . Example A caravan that is permanently fixed to piles, is connected to power, water, and sewerage services, and is being used on an indefinite basis as a person’s home may be a dwelling. Large-scale accommodation 6 A building, or part of a building, is not a dwelling under subsection (1) (even if it meets the criteria in that subsection) if— a it is used to provide accommodation on a scale larger than is typical for use as the home of a single household; and b it is not intended by the owner to be used as the home of a single household. Examples Example 1 A university or boarding school hostel that accommodates 100 people in dormitories with communal living and dining areas is on a scale larger than a typical family home, so is unlikely to be a dwelling. Example 2 A large family home that is the home for a single household is a dwelling even if it has extensive facilities for visitors. Example 3 A house where occupants rent an individual room and share communal facilities is also likely to be a dwelling because it is on the scale of a single household home even though it is not currently being used as such. Clarifying uncertainty 7 To avoid doubt, a building, or part of a building, is not a home or holiday home (and is therefore not a dwelling under subsection (1) ) if— a it is used to provide temporary or transient accommodation, being accommodation that is ordinarily provided for periods of less than 28 days at a time (such as a hotel or motel); or b it provides accommodation for persons who are not living there voluntarily (such as a prison); or c it is used primarily for a purpose other than accommodation (such as a hospital or an emergency care facility). 84 Section 141 amended (Levy regulations) In section 141(3)(a)(ii), (b)(ii), and (c)(ii), replace personal property with household property . 85 Schedule 1 amended In Schedule 1,— a insert the Part set out in Schedule 3 of this Act as the last Part; and b make all necessary consequential amendments. 86 Principal regulations Sections 87 to 92 amend the Fire and Emergency New Zealand (Levy) Regulations 2024. 87 Regulation 3 amended (Interpretation) In regulation 3, definition of mixed-use property , replace 1 or more household units with residential property . In regulation 3, insert in its appropriate alphabetical order: residential percentage has the meaning given in regulation 13(2) 88 Regulation 7 amended (Rate of levy payable for residential property) In regulation 7(1) and (2), replace a residential property with residential property . In regulation 7(2), after $107.40 , insert per dwelling . 89 Regulation 8 amended (Rate of levy payable for personal property) Replace the heading to regulation 8 with Rate of levy payable for household property . In regulation 8(1) and (2), replace personal property with household property . In regulation 8(2), after $21.48 , insert per dwelling in or on which the household property is, or is usually, located . 90 Regulation 13 amended (Rate of levy payable for mixed-use property) In regulation 13(a), replace if 50% or more of the total area of the property is taken up by a household unit or households units, with if the residential percentage of the property is 50% or more, . In regulation 13(a)(i), replace household unit with dwelling . In regulation 13(b), replace if less than 50% of the total area of the property is taken up by a household unit or household units, with if the residential percentage of the property is less than 50%, . In regulation 13, insert as subclause (2) subclauses (2) and (3) : 2 The residential percentage is calculated as follows: r = [(d + a) ÷ b] × 100 where— r is the residential percentage d is the total floor area of the dwelling or dwellings of the mixed-use property a is the total floor area of any appurtenant structures for the dwelling or dwellings of the mixed-use property ancillary residential property of the mixed-use property b is the total floor area of each building or structure of the mixed-use property, excluding any floor area of a building or structure that is available for use by, or is for the benefit of, all the owners or other occupants of that building or structure (such as the floor area of a foyer, corridor, or an elevator) mixed-use common property . 3 For the purposes of subclause (2) ,— ancillary residential property means a building or another immovable structure, or part of a building or another immovable structure, of a mixed-use property— a that is not part of a dwelling; and b that is available for use by the owner or occupant of a dwelling, either exclusively or in common with owners or occupants of any other dwelling in the mixed-use property,— i for residential purposes such as parking, storage, or to house service infrastructure; or ii for access to the dwelling or dwellings; and c that is not mixed-use common property mixed-use common property means, in relation to a building or structure of a mixed-use property, the parts of the building or structure that are available for the common use of— a an owner or occupant of a dwelling of which the mixed-use property is composed; and b an owner or occupant of any other class of property of which the mixed-use property is composed. 91 Regulation 14 amended (Sum for which mixed-use property is insured may be apportioned) Replace regulation 14(1) with: 1 This regulation applies in relation to a mixed-use property if the residential percentage of the property is less than 50%. 92 Regulation 15 amended (Rate of levy payable for mixed-use property if sum for which property is insured is apportioned) Replace regulation 15(1) with: 1 This regulation applies in relation to a mixed-use property if the residential percentage of the property is less than 50% and the policyholder provides the insurer with a valuation under regulation 14. In regulation 15(2)(a)(i), after regulation 14(4) , insert , subject to a maximum of $107.40 per dwelling . 93 Principal Act Sections 94 to 116 amend the Gambling Act 2003. 94 Section 4 amended (Interpretation) In section 4(1), repeal the definitions of approved surety , existing licensed promoter’s licence , licensed promoter , licensed promoter’s agreement , and licensed promoter’s licence . In section 4(1), definition of key person , repeal paragraph (c). 95 Section 32 repealed (Existing gaming machine licences and site approvals) Repeal section 32. 96 Section 35 amended (Application for class 3 operator’s licence) Repeal section 35(2)(c). 97 Section 52 amended (Grounds for granting class 4 operator’s licence) In section 52(4)(a)(ii), replace a casino licence, or a licensed promoter’s licence with or a casino licence . 98 Section 68 amended (Determining suitability for class 4 venue licence) In section 68(1)(a)(ii), replace a casino licence, or a licensed promoter’s licence with or a casino licence . 99 Section 86 amended (Holder of class 4 operator’s licence must connect to electronic monitoring system) Replace section 86(1)(a) with: a all gaming machines— i under the holder’s control; and ii in a class 4 venue; and 100 Section 92 amended (Limit on number of gaming machines for which class 4 venue licence held on 17 October 2001) In section 92(3), delete , and the models and serial numbers of the gaming machines, . 101 Section 93 amended (Limit on number of gaming machines for which class 4 venue licence granted after 17 October 2001 but before commencement) In section 93(8), delete , and the models and serial numbers of the gaming machines, . 102 Section 95 amended (Ministerial discretion to permit more gaming machines if clubs merge) Replace section 95(1)(c) with: c can each demonstrate that they intend to merge into a single club operating at— i a single class 4 venue; and ii if applicable, 1 or more other venues that are not class 4 venues; and In section 95(1)(f), replace for the venue with for the proposed class 4 venue . In section 95(1)(f), replace at the venue with at that venue . In section 95(2) and (5), after proposed , insert class 4 . 103 Section 102 amended (Adoption and review of class 4 venue policy) Replace section 102(4) with: 4 After adopting, amending, or replacing a policy, a territorial authority must, as soon as practicable, publish it on an internet site maintained by or on behalf of that territorial authority. 104 Subpart 6 of Part 2 repealed Repeal subpart 6 of Part 2. 105 Section 224 amended (Functions of Gambling Commission) Repeal section 224(1)(h). 106 Section 271 and cross-heading repealed Repeal section 271 and the cross-heading above section 271. 107 Section 296 and cross-heading repealed Repeal section 296 and the cross-heading above section 296. 108 Section 301 amended (Age restriction on instant games and similar games) In the heading to section 301, replace instant games with New Zealand lottery . In section 301(1)(a), delete an instant game that is . Repeal section 301(1)(b). 109 Section 313 amended (Regulations relating to harm prevention and minimisation) After section 313(1)(i), insert: ia prescribing the use of pre-commitment, player tracking, or other harm-minimisation devices, technology, or systems in or associated with gambling equipment: 110 Section 314 amended (Regulations relating to gaming machines in class 4 venue) Repeal section 314(1)(ga). 111 Section 334 amended (Power of gambling inspector to enter and demand information) In section 334(1)(b), delete or a licensed promoter’s licence . 112 Section 350 and cross-heading repealed Repeal section 350 and the cross-heading above section 350. 113 Section 364 amended (Notification) In section 364(2), delete 207(1), 209(2), . 114 Section 372 amended (Consultation before regulation) In section 372(1), delete 219, . 115 Section 377 repealed (Decisions during transitional period) Repeal section 377. 115A Schedule 1AA amended In Schedule 1AA, replace the cross-heading above clause 1 with: 1 Transitional provisions relating to Gambling Amendment Act (No 2) 2015 In Schedule 1AA,— a insert the Part set out in Schedule 3A as the last Part; and b make all necessary consequential amendments. 116 Schedule 6 amended In Schedule 6, repeal the items relating to sections 203(6) and 213. In Schedule 6, item relating to section 301(1), replace an instant game with a New Zealand lottery . 117 Gambling (Licensed Promoters) Regulations 2005 revoked The Gambling (Licensed Promoters) Regulations 2005 (SR 2005/185) are revoked. 118 Principal Act This Part amends the Health Practitioners Competence Assurance Act 2003. 119 Section 53 amended (Interpretation) In section 53(1), definition of investigation , repeal paragraph (a). 120 Section 61 amended (Minister may authorise disclosure of information) In section 61(1)(b), delete a Royal Commission, or a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908, or . 121 Principal Act This Part amends the Human Assisted Reproductive Technology Act 2004. 121A Section 5 amended (Interpretation) In section 5, insert in its appropriate alphabetical order: address means— a the full street address of the place where a person usually lives; or b the person’s electronic address 122 Section 47 amended (Providers must obtain and accept information about donors) Replace section 47(2) with: 2 The provider must , if satisfied that the information is accurate, accept any information that is offered by the donor or the donor’s personal representative that updates or corrects any of the information about the donor obtained under subsection (1). supplies if— a the provider is satisfied that the information— i updates or corrects information about the donor obtained under subsection (1); and ii is accurate; and b the provider is satisfied about the identity of the person supplying the information. 3 For the purposes of subsection (2) , a donor’s personal representative includes,— a if the donor has married or entered into a civil union or de facto relationship, a person acting on behalf of the donor under a power of attorney or another written authority: b if the donor has died, the executor, administrator, or trustee of the donor’s estate. 123 Section 52 amended (Providers must keep track of donor offspring births) In section 52, insert as subsection (2): 2 The Registrar-General may tell a provider the total number of donor offspring births recorded for a donor if asked to do so by the provider. 124 Principal Act This Part amends the Inquiries Act 2013. 125 Section 12 amended (Reporting by inquiry) In section 12(3), replace The with Subject to subsections (4) and (5) , the . After section 12(3), insert: 4 If the appropriate Minister considers that presentation of the final report of a public inquiry in accordance with subsection (3) would interfere with the administration of justice, including a person’s right to a fair trial, the Minister may— a present a report that excludes the information that would interfere with the administration of justice; or b delay presentation of the report. 5 The Minister must present the complete final report to the House of Representatives as soon as practicable after the Minister considers that presentation of the report will no longer interfere with the administration of justice. 126 Schedule 1 amended In Schedule 1, repeal the items related to the following: a Land Drainage Act 1908: b Legal Services Act 2011: c Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915: d Reserves and Other Lands Disposal and Public Bodies Empowering Act 1917: e Reserves and Other Lands Disposal and Public Bodies Empowering Act 1920: f River Boards Amendment Act 1913: g Rotorua Borough Act 1922: h Shipping Act 1987. 127 Principal Act Sections 128 and 129 127A to 129A amend the Land Drainage Act 1908. 127A Section 2 amended (Interpretation) In section 2, repeal the definition of public notice or advertisement . 128 Section 15 repealed (United districts) Repeal section 15. 128A Section 49 amended (Accounts and audit) In section 49(5), delete in one or more newspapers circulating in the district . 129 Section 65 repealed (Governor-General may fix amount to be paid by local authority towards cost of works) Repeal section 65. 129A Section 80 amended (Provision in case of diversion of outfall) In section 80(1), replace published by advertisement, once at least in each of 3 successive weeks, in some local newspaper circulating in the district with publicly notified every week for 3 consecutive weeks . In section 80(2), replace appears in the newspaper with is publicly notified . 130 Principal Act Section 131 amends the Local Legislation Act 1930. 131 Consequential amendment to principal Act Amend the principal Act as set out in Part 3 of Schedule 5 . 132 Principal Act Section 133 amends the Local Legislation Act 1931. 133 Consequential amendment to principal Act Amend the principal Act as set out in Part 3 of Schedule 5 . 134 Principal Act This Part amends the Legal Services Act 2011. 135 Section 7 amended (Proceedings for which legal aid may be granted: civil matters) Replace section 7(5)(h) with: h proceedings of an inquiry under the Inquiries Act 2013. 136 Principal Act This Part amends the Local Authorities (Members’ Interests) Act 1968. 137 Section 3 amended (Disqualifying contracts between local authorities and their members) In section 3(1), replace $25,000 with $100,000 (excluding goods and services tax) . 137A Principal Act This Part amends the Local Electoral Act 2001. 137B Section 14 amended (Rules applying to electoral officers, deputy electoral officers, and other electoral officials) After section 14(2), insert: 2A A declaration made under subsection (2) must be witnessed as follows: a in the case of a declaration by an electoral officer or a deputy electoral officer, by a person authorised under section 9 or 11 of the Oaths and Declarations Act 1957 to take declarations: b in the case of a declaration by an electoral official, by any of the following: i an electoral officer: ii a deputy electoral officer: iii a person authorised under section 9 or 11 of the Oaths and Declarations Act 1957 to take declarations. 138 Principal Act This Part amends the Local Government (Auckland Council) Act 2009. 139 Section 16 amended (Decision-making responsibilities of local boards) In section 16(1)(c), replace section 24 with section 150B of the Local Government Act 2002 . 139A Principal Act This Part amends the Local Government Official Information and Meetings Act 1987. 139B Section 2 amended (Interpretation) In section 2(1), repeal the definition of publicly notified . 139C Section 39 amended (Ombudsman may require publication of summary of report) In section 39(3), delete and in such newspapers . 139D Section 46 amended (Meetings of local authorities to be publicly notified) Replace section 46(3) with: 3 If an extraordinary or emergency meeting of a local authority is called and cannot be publicly notified in the manner required or permitted by subsections (1) and (2), the local authority must give public notice of the meeting and the general nature of business to be transacted at that meeting as soon as practicable before the meeting is held. 139E Section 46A amended (Availability of agendas and reports) After section 46A(3), insert: 3A For the purposes of subsections (2) and (3), an agenda or associated report may be made available for inspection at the specified locations if access is provided at those locations to an Internet site where the agenda or report is available. 140 Principal Act Sections 141 to 143 amend the Marriage Act 1955. 141 Sections 12 and 13 replaced Replace sections 12 and 13 with: 12 Renewal of list If a person’s name is contained in the list and that person intends to continue to act as a marriage celebrant in the following year,— a the person must apply to the Registrar-General by the time determined by the Registrar-General for their name to be re-entered in the list; and b sections 8, 10, and 11, as appropriate, apply as if that application was for the original entry of the person’s name in the list. 13 Ceasing to be marriage celebrant 1 A person ceases to be a marriage celebrant if— a the person fails to apply to the Registrar-General in accordance with section 12 ; or b the person resigns in writing to the Registrar-General; or c the Registrar-General cancels the person’s entitlement to act as a marriage celebrant under section 13A . 2 If subsection (1)(a) applies, the person’s entitlement to act as a marriage celebrant ceases on the date that the renewed list comes into force ( see section 7(3)). 3 If subsection (1)(b) applies,— a the Registrar-General must remove the person’s name from the list and publish a correction to the list to that effect in the Gazette ; and b the person’s entitlement to act as a marriage celebrant ceases on the date that the correction is published under paragraph (a) . 4 If subsection (1)(c) applies,— a the Registrar-General must remove the person’s name from the list and publish a correction to the list to that effect in the Gazette on the date specified in section 13A(4) ; and b the person’s entitlement to act as a marriage celebrant ceases on that date. 13A Registrar-General may cancel entitlement to act as marriage celebrant 1 The Registrar-General may cancel a person’s entitlement to act as a marriage celebrant if the Registrar-General is not satisfied that— a the person is of good character; or b the person will conscientiously perform the duties of a marriage celebrant under this Act and under the Births, Deaths, Marriages, and Relationships Registration Act 2021; or c it is in the interests of the public generally or of a particular community (whether defined by geography, interest, belief, or some other factor) that the person is a marriage celebrant. 2 The Registrar-General may not cancel a person’s entitlement to act as a marriage celebrant under subsection (1) without first— a giving the person notice that the Registrar-General is proposing to cancel the entitlement; and b giving the person reasonable time to make a submission on the proposal; and c considering any submission made by the person within that time. 3 The Registrar-General must give notice in writing of the following decisions to the person to whom the decision relates: a a decision to cancel a person’s entitlement to act as a marriage celebrant: b a decision not to proceed with a proposed cancellation of a person’s entitlement to act as a marriage celebrant. 4 A notice under subsection (3)(a) must specify the date on which the cancellation takes effect, which must be a date that is at least 5 days after the date on which the notice is sent to the person. 142 Section 23 amended (Notice of marriage) In section 23(2A)(b), replace and making a statutory declaration with in a manner specified by the Registrar-General ( see also section 128A of the Births, Deaths, Marriages, and Relationships Registration Act 2021 ) . Replace section 23(3) with: 3 However, if the 2 parties to an intended marriage are ordinarily resident outside New Zealand, the requirements of subsections (1) and (2A)(b) are satisfied if one of the parties gives notice to the Registrar in a manner specified by the Registrar-General ( see also section 128A of the Births, Deaths, Marriages, and Relationships Registration Act 2021 ). 143 Section 41 amended (Certificate of no impediment to person intending foreign marriage) Repeal section 41(2)(a). 144 Principal regulations Sections 145 to 148 amend the Marriage (Prescribed Information and Forms) Regulations 1995 . 145 Regulation 3 amended (Forms) Revoke regulation 3(e). 146 New regulation 5 inserted (Information required for application for certificate of no impediment) After regulation 4, insert: 5 Information required for application for certificate of no impediment For the purposes of section 41(2)(b) of the Act, the prescribed information for an application for a certificate of no impediment is specified in Schedule 3 . 147 Schedule 1 amended In Schedule 1, revoke form 5. 148 New Schedule 3 inserted After Schedule 2, insert the Schedule 3 set out in Schedule 4 of this Act. 149 Principal Act This Part amends the Passports Act 1992. 150 Section 9 amended (Cancellation of passport on other grounds) Replace section 9(1A) with: 1A A holder of a New Zealand passport may apply to the Minister to cancel that passport. 1B An application under subsection (1A) — a must be made in a declaration in a manner approved by the Secretary; and b must— i state that the passport has been lost, stolen, damaged, or defaced; or ii state that the information contained in the passport has been stolen or otherwise compromised; or iii otherwise request that the passport be cancelled. 1C If a holder of a New Zealand passport makes a declaration under subsection (1B) , the Minister may cancel that passport. In section 9(2), replace (1A) with (1C) . 151 Section 23 amended (Issue of emergency travel document) After section 23(2), insert: 2A The Minister may, on application to the Minister in the form provided by the Secretary, issue an emergency travel document to a person— a who wishes to travel immediately; but b to whom a New Zealand passport is unable to be issued under this Act because of a failure or malfunction relating to the production of the passport. 152 Principal Act This Part amends the Public Records Act 2005. 153 Section 11 amended (Functions and duties of Chief Archivist) After section 11(1)(c)(iii), insert: iv to authorise the disposal destruction of public archives that pose a risk to the physical health and safety of any person under section 20A ; and 154 Section 12 amended (Chief Archivist to act independently) In section 12, after 20(1), , insert 20A (1) and (4) , 26A(2) , . 155 Section 13 amended (Delegations by Chief Archivist) Replace section 13(1)(a)(ii) with: ii protected records; or iii public archives that pose a risk to the physical health and safety of any person by destruction under section 20A ; and 156 Section 15 amended (Function of Archives Council) After section 15(1)(a)(iii), insert: iiia the destruction of public archives that pose a risk to the physical health and safety of any person under section 20A : 156A Section 19 amended (Registers) Before section 19(1)(a), insert: aaa a register of public records sold under section 20(1)(d); and aab a register of public archives destroyed under section 20A , together with the reasons for the destruction; and 157 Section 20 amended (Authority to dispose of public records) After section 20(2), insert: 2A Before authorising the sale of a public record under subsection (1)(d), the Chief Archivist may require the public office that proposes to sell the record to first provide a copy of that record to the Chief Archivist. After section 20(4), insert: 5 A public record sold under subsection (1)(d) must be noted in the register of public records sold, in accordance with section 19(1)(aaa) . 158 New sections 20A and 20B and cross-heading inserted After section 20, insert: 20A Authority to dispose of destroy public archives 1 The Chief Archivist may authorise in writing the destruction of a public archive only if the public archive poses a risk to the health and safety of any person. — a the public archive poses a risk to the physical health and safety of any person; and b the Chief Archivist considers that there is no reasonable way to mitigate the risk. 2 Before authorising the destruction of a public archive under subsection (1) , the Chief Archivist must— a obtain the Minister’s written approval; and b give not less than 30 days’ notice, in the manner the Chief Archivist considers appropriate, of— i the intention to dispose of destroy the public archive, with a general description of the public archive concerned; and ii the place where additional information may be obtained on the public archive concerned and the person to whom any comments may be sent. 3 The Minister may, on the advice of the Archives Council given on the recommendation of the Chief Archivist, approve under subsection (2)(a) the destruction of a public archive. 4 The Chief Archivist may authorise the immediate destruction of a public archive under subsection (1) without complying with subsection (2) if there is imminent danger to the physical health and safety of any person. 5 If the Chief Archivist authorises the immediate destruction of a public archive in accordance with subsection (4) , the Chief Archivist must, as soon as practicable, notify— a the Minister; and b the Archives Council. 6 A public archive destroyed under this section must be noted in the register of destroyed public archives, in accordance with section 19(1)(aab) . Sale 20B Sale of public records A public record that is sold under section 20(1)(d)— a becomes the property of the person to whom it is sold; and b ceases to have status as a public record and or to be subject to this Act. 159 Section 24 amended (Temporary return of public archives to controlling public office) In section 24, insert as subsections (2) and (3): 2 The Chief Archivist may elect, at the Chief Archivist’s sole discretion, to return a public archive to a public office in electronic form only. 3 The Chief Archivist may direct a public office to return or delete a public archive provided under subsection (2) . 160 New section 26A and cross-heading inserted After section 26, insert: Amendment of public archive 26A Authority to amend public archive 1 No person may amend a public archive , whether in the possession of a public body or the Chief Archivist, except in accordance with subsection (2) . 2 The Chief Archivist may authorise the amendment of a public archive by way of notation or addition of new material by providing express approval in writing, subject to such conditions and limitations as the Chief Archivist thinks fit. 3 A person making an amendment in accordance with an authorisation given under subsection (2) must mark the amendment with— a the date of the amendment; and b the person’s signature, full name, and designation. 161 Section 51 amended (Appeal to Minister by public office or by local authority) In section 51(1)(c), after an exemption under section 30 , insert or section 60A . 162 New section 60A inserted (Overseas exemptions) After section 60, insert: 60A Overseas exemptions 1 A public office operating overseas under a multinational arrangement may request an exemption from compliance with an obligation under this Act. 2 The Chief Archivist may grant such an exemption on the terms and conditions (if any) that the Chief Archivist thinks appropriate, including exempting a public office from past or future obligations under this Act. 3 The administrative head of the public office in respect of which a decision is taken under subsection (2) may appeal against the decision under section 51. 4 For the purposes of this section, a public office is operating overseas under a multinational arrangement if— a the public office has an arrangement with a country other than New Zealand, including any State, territory, province, or other part of a country, under which some or all of the public office’s record keeping is controlled or managed by that country; or b the public office has an arrangement with an organisation operating internationally, where some or all of the public office’s record keeping is controlled or managed by that organisation; or c the public office has previously operated, or intends to operate in the future, under an arrangement described in paragraph (a) or (b) . 163 Section 65 amended (Transitional provisions) Replace section 65(2)(e) with: e an approval given or deposit made under section 19(1) of the Archives Act 1957, as if the approval were given and the deposit were made under section 26 of this Act, but so that all records subject to the approval or deposit are treated as public records, not public archives, for the purposes of this Act: 164 Principal Act Section 165 amends the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915. 165 Section 38 repealed (Modifying agreements in Schedule to Port Ahuriri-Westshore Road and Railway Act 1914) Repeal section 38. 166 Principal Act Section 167 amends the Reserves and other Lands Disposal and Public Bodies Empowering Act 1917. 167 Consequential amendments to principal Act Amend the principal Act as set out in Part 4 of Schedule 5 . 168 Principal Act This Part amends the Reserves and other Lands Disposal and Public Bodies Empowering Act 1917. 169 Section 61 repealed (Legalizing and facilitating the construction of a second slip at Evans Bay, Wellington) Repeal section 61. 170 Section 110 repealed (Commission to inquire as to proposed alteration of boundaries of Hokianga and other counties) Repeal section 110. 171 Section 129 repealed (Validation of river-protection works at Taumarunui) Repeal section 129. 172 Schedule 5 repealed Repeal Schedule 5. 173 Principal Act This Part amends the Reserves and other Lands Disposal and Public Bodies Empowering Act 1920. 174 Section 91 repealed (Governor-General may appoint a Commission to report as to the boundaries of certain counties) Repeal section 91. 175 Section 108 repealed (Authorizing Governor-General to constitute Palmerston North River District) Repeal section 108. 176 Principal Act This Part amends the River Boards Amendment Act 1913. 177 Section 4 amended (Lands benefited may be included in river district) In section 4(4), replace a Commission under the Commissions of Inquiry Act 1908 with an inquiry under the Inquiries Act 2013 . 178 Principal Act Sections 179 and 180 amend the Rotorua Borough Act 1922. 179 Section 9 repealed (Governor-General in Council may vest works in the Council) Repeal section 9. 180 Section 10 repealed (Provisions as to payment by Council to Crown in respect of vesting of works) Repeal section 10. 181 Principal Act Section 182 amends the Local Legislation Act 1936. 182 Consequential amendment to principal Act Amend the principal Act as set out in Part 5 of Schedule 5 . 183 Principal Act This subpart amends the Dog Control Act 1996. 184 Section 10A amended (Territorial authority must report on dog control policy and practices) In section 10A(3)(a), delete , as defined in section 5(1) of the Local Government Act 2002, . In section 10A(3)(b), replace that Act with the Local Government Act 2002 . 185 Section 37 amended (Territorial authority to set fees) In section 37(6), delete in a newspaper circulating in its district . 186 Section 68 amended (Pound fees) In section 68(2), replace , at least 14 days before the resolution comes into effect, in a newspaper circulating in the district of the territorial authority with at least 14 days before the resolution comes into effect . 187 Principal Act This subpart amends the Freedom Camping Act 2011. 188 Section 11B amended (Requirements relating to bylaws made under sections 10A to 11A) In section 11B(5), repeal the definition of publicly notified . 189 Principal Act This subpart amends the Impounding Act 1955. 190 Section 2 amended (Interpretation) In section 2(1), repeal the definition of public notice and publicly notify . 191 Section 46 amended (Notice to owner of stock impounded) In section 46(2), replace shall insert a notice in the prescribed form in 1 or more newspapers circulating in the district with must give public notice . In section 46(2), replace of the first publication of the notice in a newspaper with on which public notice was given . 192 Principal Act This subpart amends the Local Government Act 1974. 193 Section 2 amended (Interpretation) In section 2(1), replace the definition of public notice , published , and publicly notified with: public notice has the meaning given to it by section 13 of the Legislation Act 2019 194 Section 187 amended (Notice of alteration of tax) In section 187(a), delete , which shall be published in newspapers circulating in the tax area, . 195 Schedule 10 amended In Schedule 10, clause 14, replace published in a newspaper circulating in the district with publicly notified . 196 Schedule 13 amended In Schedule 13, clause 1, replace publish in the district a with give public . 197 Principal Act Section 198 amends the Local Government (Rating) Act 2002. 198 Section 5 amended (Interpretation) In section 5, repeal the definition of public notice . 199 Principal Act Section 200 amends the Infrastructure Funding and Financing Act 2020. 200 Consequential amendment to principal Act Amend the principal Act as set out in Part 4A of Schedule 5 . 201 Principal Act This subpart amends the River Boards Act 1908. 202 Section 2 amended (Interpretation) In section 2, after the definition of Town lands , delete the paragraph defining published, and publicly notified, and public notice. 203 Section 114 amended (Audit Office to audit) In section 114(5), delete in one or more newspapers circulating in the district . 1 Amendments to Citizenship Act 1977 to update gender references In section 2(3)(c), replace he with the person . In section 3(2)(a), (aa), (b), and (ba), replace he or she with the person in each place. In section 3(2B), replace a person is deemed to be the child of a person entitled to be in New Zealand indefinitely with a person ( person A ) is deemed to be the child of a person entitled to be in New Zealand indefinitely ( person B ) . In section 3(2B)(a) and (b), replace he or she with person A . In section 3(2B)(a) and (b), replace a person with person B . In section 3(2B)(d), replace the person with person A . In section 3(2B)(e), replace the person ceases to be deemed to be the child of the person entitled to be in New Zealand indefinitely with person A ceases to be deemed to be the child of person B . In section 3(3), replace the death of his with the death of the person’s . In section 3(3), replace his or her with their . In section 3(4) and (5), replace he or she with the parent . In section 3(4) and (5), replace him or her with the parent . In section 3(4) and (5), replace his or her with their . In section 6(2), replace his birth with the person’s birth . In section 6(2)(a) and (b), replace his father with the person’s father . In section 6(2)(a), replace of his parents with the father nor the mother . In section 6(6), replace his or her with their . In section 7(1)(a) and (b), replace his or her with the person’s . In section 7(2), replace his or her with their . In section 8(1)(d), replace he or she with the person . In section 8(5)(b), (6)(b), and (9)(b), replace his or her with the applicant’s . In section 10(1), replace him with the Minister . In section 10(1), replace his with the person’s . In section 10(2), replace his or her with their . In section 12(3) and (4)(a), replace he with the person . In section 13(3)(a) and (b), replace his with the person’s in each place. In section 13(4)(a), replace that person or his relevant parent with the person or the person’s relevant parent . In section 13(4)(b), replace his with the person’s . In section 14(b), replace his with the person’s . In section 15(1), replace his with their . In section 16, replace his with the person’s . In section 16, replace he with the Minister . In section 16(b), replace him with the person . In section 17(2), replace his with their . In section 17(2), replace he with the Minister . In section 19(1)(a) and (c), replace he with the Minister . In section 19(1)(b), replace he considers that he has with the Minister considers that they have . In section 19(1)(d), replace his with the person’s . In section 19(2) and (3), replace him with the person . In section 20, replace he with the person . In section 21(1) and (3), replace he or she with the person . In section 22(1), replace his with the Minister’s . In section 22(2), replace him with them . In section 23(1), replace he with the person . In section 23(2)(a), replace he is with they are . In section 23(2)(d), replace him with the person . In section 26A(3), replace his or her with the Secretary’s . In section 26A(3), replace himself or herself with the Secretary . In section 26A(5A), replace his or her with the person’s . In section 27(1)(a)(i), replace he or she with the person . 2 New Schedule 1AA inserted into Electronic Identity Verification Act 2012 1AA s 5A Transitional, savings, and related provisions 1 Provisions relating to Regulatory Systems (Internal Affairs) Amendment Act 2025 1 Interpretation In this Part,— amendment Act means the Regulatory Systems (Internal Affairs) Amendment Act 2025 commencement date means the date on which the amendment Act comes into force under section 2(1) of that Act regulations means the Electronic Identity Verification Regulations 2013. 2 Participating agencies Despite the revocation of Schedule 1 of the regulations by section 43 of the amendment Act, the bodies, offices, and officers listed in that schedule immediately before its revocation must be treated as having been declared by the chief executive to be participating agencies under section 52A(1) . 3 List of agencies published under section 52A The chief executive must publish the list of participating agencies required by section 52A(5) within 10 working days after the commencement date, and that list must include— a the classes of bodies, offices, and officers declared to be participating agencies in regulation 4 of the regulations; and b the bodies, offices, and officers listed in Schedule 1 of the regulations. 1AA Transitional, savings, and related provisions 2A New Part 2 inserted into Schedule 1AA of Films, Videos, and Publications Classification Act 1993 2 Provisions relating to Regulatory Systems (Internal Affairs) Amendment Act 2025 5 Interpretation In this Part,— amendment Act means the Regulatory Systems (Internal Affairs) Amendment Act 2025 commencement date means the date on which the amendment Act comes into force under section 2(1) of that Act existing labelling body means the body or organisation approved as the labelling body under old section 72 immediately before the commencement date new section means the specified section as amended by the amendment Act old section means the specified section as in force immediately before being amended by the amendment Act. 6 Existing labelling body continues as labelling body The existing labelling body continues to be the labelling body on and after the commencement date as if it had been appointed under new section 72. 7 Revocation of appointment of existing labelling body 1 This clause applies in respect of a revocation of the appointment of the existing labelling body. 2 Despite new section 75(2) , the date on which the revocation takes effect may be the date on which, or any date after the date on which, the notice is published in the Gazette . 3 New section 75(3) does not apply. 8 Fee for applications for issue of label continues to be set by labelling body until regulations in force The fee set by the labelling body under old section 9(3)(b) immediately before the commencement date continues to apply until regulations prescribing the fee for an application for the issue of a label in respect of a film come into force. 3 New Part 2 inserted into Schedule 1 of Fire and Emergency New Zealand Act 2017 2 Provision relating to Regulatory Systems (Internal Affairs) Amendment Act 2025 52 Transitional levy arrangement continues to apply to certain contracts entered into before 1 July 2026 1 Despite clause 23(b), subpart 3 of Part 1 of this schedule continues to apply in respect of— a a contract of fire insurance that was entered into on or before 30 June 2026 and is not varied on or after 1 July 2026; and b a contract of fire insurance that was entered into on or before 30 June 2026 and is varied on or after 1 July 2026 but only if, at the time of the variation, the contract is intended to terminate on or before 30 June 2027 . ; and c a contract of contract works insurance that was entered into on or before 30 June 2026 and is varied on or after 1 July 2026 but only if, at the time of the variation, the contract is intended to terminate on or before 30 June 2031. 2 For the purposes of subclause (1) , a variation includes a variation that changes the sum insured under the contract. 2 In this clause,— a contract of contract works insurance means a contract of fire insurance that relates primarily to property that is being built or altered; and b variation includes, to avoid doubt, a variation that changes the amount for which the property is insured under the contract. 3A New Part 2 inserted into Schedule 1AA of Gambling Act 2003 2 Provision relating to Regulatory Systems (Internal Affairs) Amendment Act 2025 5 Amendment not to affect certain winning tickets in New Zealand lottery 1 This clause applies if— a a gambling operator has reasonable grounds to suspect that a person who has won money or a prize in a New Zealand lottery is under 18 years; and b the winning ticket was purchased before the commencement date. 2 Section 305(1) applies as if the reference to section 301 were a reference to section 301 as in force immediately before the commencement date. 3 In this clause, commencement date means the date on which section 108 of the Regulatory Systems (Internal Affairs) Amendment Act 2025 comes into force. 4 New Schedule 3 inserted into Marriage (Prescribed Information and Forms) Regulations 1995 3 r 5 Information required for certificate of no impediment application Details of applicant 1 In relation to the applicant,— a full name; and b full name at birth (if different from current name); and c date of birth; and d place of birth; and e if the applicant was not born in New Zealand, the year of their arrival in New Zealand; and f usual residential address (including flat number (if applicable); street number; street name; suburb or rural locality; town, city, or district; and country, if not New Zealand); and g contact details; and h the reason for the application; and i in relation to the applicant’s parents,— i the full name of each parent; and ii the full name at birth of each parent (if different from current name); and iii whether each parent is living or deceased; and j in relation to a referee supporting the application,— i the referee’s full name; and ii the referee’s usual residential address (including flat number (if applicable); street number; street name; suburb or rural locality; town, city, or district; and country, if not New Zealand); and iii the referee’s contact details; and k if previously in a civil union or previously married,— i the date and place of each civil union or marriage; and ii the date on which each civil union or marriage ended; and iii how each civil union or marriage ended (for example, by dissolution, divorce, or death of former spouse or partner); and l signature; and m date of signature. Details of applicant’s intended partner 2 In relation to the applicant’s intended partner,— a full name; and b nationality; and c date of birth; and d place of birth. Details of intended marriage 3 Place of intended marriage. 3 Information required for certificate of no impediment application 5 Consequential amendments In the Schedule, repeal the item relating to the Boxing and Wrestling Act 1981. In section 4(2), delete of Film and Literature . In Schedule 1, Part 3, repeal the item relating to Office of Film and Literature Classification. In Schedule 1, Part 3, insert in its appropriate alphabetical order: Classification Office In Schedule 1, Part 2, repeal the item relating to Office of Film and Literature Classification. In Schedule 1, Part 2, insert in its appropriate alphabetical order: Classification Office In Schedule 4, item relating to the Chief Censor of Film and Literature, delete of Film and Literature in each place. Repeal section 56. Repeal section 40. In section 45(1), delete or section thirty-eight of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915, . In section 45(2), delete or of section thirty-eight of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915, . In section 45(3), delete section thirty-eight of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915, and by . Repeal section 51(5). Repeal section 33.

Hansard

May 26, 2026

Regulatory Systems (Internal Affairs) Amendment Bill — Committee of the whole House · Full day report

Committee of the whole House Part 18 Amendments to Public Records Act 2005 CHAIRPERSON (Barbara Kuriger): Members, we come to Part 18, which is the debate on clauses 152 to 163—“Amendments to Public Records Act 2005”. The question is that Part 18 stand part. LEMAUGA LYDIA SOSENE (Labour—Māngere) (10:56): Thank you, Madam Chair. Just a few questions—there are not too many questions on clauses 153 and 154. In terms of amendments to the Public Records Act 2005 and wanting to just ask the Minister of Internal Affairs, in terms of this provision that is being updated, what safeguards have been put in place and what advice has the Minister received from officials when the means of destroying public archives—it would be helpful to understand, is there an annual report to monitor in terms of the public records? Are there also any records kept in describing the number of instances if that methodology or that method is used, and is there a register that has been maintained or that is maintained by officials that could be or is accessible to the public to understand? And, if not, why not? Hon BROOKE VAN VELDEN (Minister of Internal Affairs) (10:57): Thank you. I hope my answers go some way t…
Read full Hansard debate
Committee of the whole House Part 18 Amendments to Public Records Act 2005 CHAIRPERSON (Barbara Kuriger): Members, we come to Part 18, which is the debate on clauses 152 to 163—“Amendments to Public Records Act 2005”. The question is that Part 18 stand part. LEMAUGA LYDIA SOSENE (Labour—Māngere) (10:56): Thank you, Madam Chair. Just a few questions—there are not too many questions on clauses 153 and 154. In terms of amendments to the Public Records Act 2005 and wanting to just ask the Minister of Internal Affairs, in terms of this provision that is being updated, what safeguards have been put in place and what advice has the Minister received from officials when the means of destroying public archives—it would be helpful to understand, is there an annual report to monitor in terms of the public records? Are there also any records kept in describing the number of instances if that methodology or that method is used, and is there a register that has been maintained or that is maintained by officials that could be or is accessible to the public to understand? And, if not, why not? Hon BROOKE VAN VELDEN (Minister of Internal Affairs) (10:57): Thank you. I hope my answers go some way to alleviate the concern that the member has. Clause 158 can only be used to destroy a public archive when the Chief Archivist considers that there are no reasonable ways to mitigate the risk of health and safety. The Chief Archivist needs written authority from the Minister to be able to do so. The Chief Archivist must also give at least 30 days’ notice of their intention to destroy that archive. Where the Chief Archivist authorises the immediate destruction of a public archive due to imminent danger to health and safety, they must notify the Minister and the Archives Council as soon as practicable, and any public archive destroyed under this new section must be noted in a register of destroyed public archives. I don’t expect this to be used very often, but it is also the case that when we’re dealing with some very old materials, there is the possibility for chemical contamination or decay that becomes an actual health and safety risk, and we shouldn’t necessarily be holding on to archives that could actually cause a significant risk to the people working at the archive. But of course, it should be used in only the most immediate of circumstances. Dr LAWRENCE XU-NAN (Green) (10:58): Thank you, Madam Chair. Just following on from what the Minister of Internal Affairs said regarding—I’ve also got a couple of questions for clause 158, new sections 20A and 20B. Just in terms of new section 20A(2)(b), I understand the rationale with what the Minister is saying, but what’s unclear with this particular part is, when the Chief Archivist must give no less than 30 days’ notice in a manner the Chief Archivist considers appropriate, is that a 30-day public notice before doing anything in terms of the destruction of a public archive? And how would that public notice be done? Or is it that notice to the Minister before that happens? I just want some clarity around that section. I did want to focus on new section 20B, which is “Sale of public records”, and this is also a new section. Can I check: does that mean that, under the current legislation, we cannot sell public records? So it’s just a whole package of questions. Under the current legislation, can we sell public records? What is the reason for selling public records? Is it public records as pertaining to a particular person? I’m more concerned about something that becomes the property of the person to whom it is sold and ceases to have the status as a public record or be subject to this Act. What about if you’re selling a copy of a public record? I guess, in some ways, I mean, this might not be relevant to the Public Records Act, but let’s say you’ve got a land document, that’s technically considered about a particular property, etc.—CV, QV, and all of those—that is considered a public record, but if you’re able to sell that, it then no longer becomes a public record under this legislation. I just want to understand a bit more about this divide between public and private records, and what that would mean in terms of the selling. It depends on the Minister’s response; I may have just a few more questions on new section 20B. Hon BROOKE VAN VELDEN (Minister of Internal Affairs) (11:01): Yes, I’m happy to give this one a go. Look, this is not that dissimilar to what happens in practice now. The Chief Archivist, under the Public Records Act, can authorise the sale of public records under the current law; however, what is silent, at the moment, is what happens to the Public Records Act obligations associated with those records once they are solved. This means that the requirements of the Public Records Act remain in place after the sale of both the purchaser and the Chief Archivist, which creates an issue where sold records are then subject to both private property rights as well as Public Records Act obligations at the exact same time. This is clarifying that, once a public record is sold, it becomes the purchaser’s property and no longer falls under the Public Records Act. In terms of the earlier contribution about “Would the 30-day notice be a public notice or a notice to the Minister?”, yes, it is for a public notice notified on a website, and the Minister will be updated of that public notice being made. Dr LAWRENCE XU-NAN (Green) (11:02): Thank you. Thank you, Minister. Just to follow up on that, I understand what the Minister of Internal Affairs is saying, that there is now a bit of a grey area where something is both public and private at the same time after the sale, but, if now we no longer have that and if you sell a public record and it becomes private, are there also, then, certain guidelines for the Chief Archivist on what, then, should be sold? If the public archivist can sell any public record to any private person and then now, once it’s sold, it no longer is public but only private, surely there might be criteria on that, which currently may not exist, because currently they’re both public and private, but under this legislation they won’t be any more. I just want to check with the Minister on if there are any guidelines, then, on what could be sold as public record now. I also just want to check—and I think for the interest of, potentially, maybe, someone from the National Party with a differing view also may want to contribute to their differing view and the questions they may have for the removed clause 162, if there is any interest. Hon BROOKE VAN VELDEN (Minister of Internal Affairs) (11:03): Yes, I believe my officials have an answer here for you, which is that clause 157 enables the Chief Archivist to require a public office to make copies of the records prior to their sale, which provides an additional safeguard to remove the risk of losing important public records. CAMILLA BELICH (Labour) (11:04): Thank you, Madam Chair. I just wanted to touch on quite a relatively significant part of this bill, under Part 18, “Amendments to Public Records Act”. The Minister of Internal Affairs will be aware that the original bill had, a new section 60A, inserted by clause 162, an overseas exemption to the maintenance of public records in the same way as it would be in New Zealand. We received quite a few submissions on this particular point, and there are some recent New Zealand examples of where public records have been particularly important in terms of determining exactly what has happened. In Operation Burnham, for example, it was particularly important. You will see in the Governance and Administration Committee’s report that there is a differing view by the National Party in relation to this clause. I wanted to ask the Minister if she is supportive of the deletion of this provision, for the reasons outlined in the majority select committee report—and so, therefore, will this provision no longer be going forward? I’m sure the Minister’s been advised, but we did have a number of people who were concerned about these exemptions. Though I do understand the reasoning in the National Party differing view that, obviously, we don’t have jurisdiction in relation to what happens overseas, I think the majority of the committee did feel that it was important, where possible—and, obviously, our gold standard would still be to retain public records. I’m interested in the Minister’s reflection on that. Hon BROOKE VAN VELDEN (Minister of Internal Affairs) (11:05): Thank you very much. Yes, and thank you to the Governance and Administration Committee. I do understand that there were differing opinions on this particular provision. One of the reasons why I support the removal of this particular clause that the select committee is also supporting the removal of, is the fact that it became a much more contentious clause in this bill than I ever anticipated in its introduction. The purpose of this bill, overall, is to make minor and technical changes, rather than political changes under the law. For that purpose, I believe it is actually beneficial to remove it. If there was to be a larger debate, rather than using a clearing-up method, which is this bill, I think that would be the appropriate avenue to have that discussion on whether or not that exemption should move forward. Part 18 agreed to.

Documents and supporting material