New Zealand Superannuation and Retirement Income (Controlling Interests) Amendment Act 2024
New Zealand Superannuation and Retirement Income (Controlling Interests) Amendment Act 2024
New Zealand Superannuation and Retirement Income (Controlling Interests) Amendment Act 2024

New Zealand Superannuation and Retirement Income (Controlling Interests) Amendment Act 2024
Public Act |
2024 No 16 |
|
Date of assent |
4 June 2024 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the New Zealand Superannuation and Retirement Income (Controlling Interests) Amendment Act 2024.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act
This Act amends the New Zealand Superannuation and Retirement Income Act 2001.
Part 1 Amendments to principal Act
4 Section 49 amended (Body corporate status and powers)
In section 49(4), delete “, 59,”
.
5 Section 49A amended (Saving of certain transactions)
Replace section 49A(1)(b) with:
(b)
an entity that is formed or controlled by the Guardians for the purpose of holding, facilitating, or managing the investments of the Fund; or
6 Sections 59 to 59B replaced
Replace sections 59 to 59B with:
59 Status of certain entities
(1)
A Fund investment, and any related arrangements, do not directly or indirectly result in any entity being any 1 or more of the following:
(a)
a Crown entity subsidiary of the Guardians (for the purposes of the second column of section 7(1)(c) of the Crown Entities Act 2004):
(b)
a part of the Guardians’ Crown entity group for the purpose of that Act:
(c)
a public entity as defined in the Public Audit Act 2001 or subject to that Act or section 67 of this Act.
(2)
To avoid doubt, the Official Information Act 1982 and the Ombudsmen Act 1975 do not apply to any entity by virtue of a Fund investment or any related arrangements (but the Official Information Act 1982 applies to the Guardians in respect of information held by the Guardians about the entity).
(3)
The Guardians’ interests in an entity that is formed or controlled by the Guardians for the purpose of holding, facilitating, or managing the investments of the Fund are Fund investments and part of the Fund.
(4)
This section does not limit sections 66 to 68.
Example
An entity (E) is exempted by subsection (1)(c) from being a public entity as defined in the Public Audit Act 2001 and therefore is not audited by the Auditor-General. Under section 67(1) of this Act, the Auditor-General is the auditor of the Fund. As part of the audit of the Fund, the Auditor-General will assess the value of the Fund investments, including the value of its interest in E.
(5)
This section does not apply to an entity that the board establishes as a Crown entity subsidiary of the Guardians.
7 Section 61 amended (Contents of statements of investment policies, standards, and procedures)
Replace section 61(fa) with:
(fa)
the governance framework for the implementation and operation of all entities that are controlled by the Guardians or that are formed by the Guardians for the purpose of holding, facilitating, or managing the investments of the Fund; and
8 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
9 Schedule 3 amended
In Schedule 3, clause 39(1)(c), replace “a Fund investment vehicle that is formed or controlled under section 59A”
with “an entity that is formed or controlled by the Guardians for the purpose of holding, facilitating, or managing the investments of the Fund”
.
Part 2 Amendments to other Acts
Ombudsmen Act 1975
10 Principal Act
Section 11 amends the Ombudsmen Act 1975.
11 Schedule 1 amended
In Schedule 1, Part 2, item relating to the Guardians of New Zealand Superannuation and any subsidiary of the Guardians of New Zealand Superannuation, replace “and any subsidiary of the Guardians of New Zealand Superannuation”
with “and any Crown entity subsidiary of the Guardians of New Zealand Superannuation”
.
Income Tax Act 2007
12 Principal Act
Sections 13 to 17 amend the Income Tax Act 2007.
13 Section CW 38 amended (Public authorities)
(1)
Replace section CW 38(5)(d) with:
(d)
a Fund investment entity:
(2)
In section CW 38, list of defined terms, insert in its appropriate alphabetical order “Fund investment entity,”
.
14 Section CX 55 amended (Proceeds from disposal of investment shares)
(1)
In section CX 55(1)(bb), replace “a Fund investment vehicle, as referred to in section 59A of the New Zealand Superannuation and Retirement Income Act 2001,”
with “a Fund investment entity”
.
(2)
In section CX 55, list of defined terms, insert in its appropriate alphabetical order “Fund investment entity,”
.
15 Section HR 4B amended (Activities relating to New Zealand Superannuation Fund and Venture Capital Fund)
(1)
In the heading above section HR 4B(3), replace “Fund investment vehicles”
with “Fund investment entities”
.
(2)
In section HR 4B(3), words before paragraph (a), replace “a Fund investment vehicle as referred to in section 59A of the New Zealand Superannuation and Retirement Income Act 2001”
with “a Fund investment entity”
.
(3)
In section HR 4B(3)(b), replace “Fund investment vehicle”
with “Fund investment entity”
.
(4)
In section HR 4B, list of defined terms, insert in its appropriate alphabetical order “Fund investment entity,”
.
16 Section YA 1 amended (Definitions)
In section YA 1, insert in its appropriate alphabetical order:
Fund investment entity means an entity that is formed or controlled by the Guardians of New Zealand Superannuation for the purpose of holding, facilitating, or managing the investments of the New Zealand Superannuation Fund
17 Schedule 29 amended
In Schedule 29, Part A, replace item 4B with:
4B
A Fund investment entity that is treated as being wholly owned by the Crown under section HR 4B.
Schedule New Part 4 of Schedule 1AA inserted
Part 4 Provision relating to New Zealand Superannuation and Retirement Income (Controlling Interests) Amendment Act 2024
11 Review of amendments relating to controlling interests
(1)
The terms of reference for either the first or second performance review conducted under section 71 after the commencement of the amendment Act must include a requirement that the reviewer form an opinion about the operation and effectiveness of the amendments made by the amendment Act.
(2)
The written report prepared under section 71(6) must include the reviewer’s recommendations for amendments to this Act (if any).
(3)
In this clause, amendment Act means the New Zealand Superannuation and Retirement Income (Controlling Interests) Amendment Act 2024.
Legislative history
23 February 2023 |
Introduction (Bill 227–1) |
|
9 March 2023 |
First reading and referral to Finance and Expenditure Committee |
|
17 August 2023 |
Reported from Finance and Expenditure Committee |
|
1 May 2024 |
Second reading |
|
7 May 2024 |
Committee of the whole House |
|
28 May 2024 |
Third reading |
|
4 June 2024 |
Royal assent |
This Act is administered by the Treasury.