Rugby World Cup 2011 (Empowering) Act 2010
Rugby World Cup 2011 (Empowering) Act 2010: repealed (after expiring on 4 December 2014), on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).
Reprint as at 3 June 2017
Rugby World Cup 2011 (Empowering) Act 2010
Public Act |
2010 No 123 |
|
Date of assent |
22 November 2010 |
|
Commencement |
see section 2 |
Rugby World Cup 2011 (Empowering) Act 2010: repealed (after expiring on 4 December 2014), on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Business, Innovation, and Employment.
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Rugby World Cup 2011 (Empowering) Act 2010.
2 Commencement
Part 1 Preliminary provisions
3 Purpose and overview
(1)
The purpose of this Act is to enable applications to be determined expeditiously for activities or facilities reasonably necessary for the proper conduct of the Rugby World Cup 2011.
(2)
To that end, this Act—
(a)
establishes the Rugby World Cup Authority under Part 2; and
(b)
provides for its role as an approval authority under Part 3—
(i)
to determine applications for approvals and test approvals for activities and facilities; and
(ii)
to make declarations and test declarations of specified activities or facilities, or class of activity or facility, as Rugby World Cup permitted activities; and
(c)
under Part 4,—
(i)
empowers the making of regulations, subject to a recommendation of the Authority, to declare an activity, facility, or class of activity or facility as a Rugby World Cup permitted activity in circumstances of urgency that, for good reason, were not foreseen; and
(ii)
empowers the Minister, subject to a recommendation of the Authority, to grant urgent approvals for activities and facilities in circumstances of urgency that, for good reason, were not foreseen; and
(d)
provides, in Part 5, for an alternative and temporary process under which the Authority may grant Rugby World Cup liquor licences.
4 Interpretation
In this Act, unless the context otherwise requires,—
activity includes—
(a)
a use, trade, business, occupation, and service; and
(b)
as relevant, a proposed activity
administrative secretariat means an administrative secretariat established under section 17
ancillary events—
(a)
means events scheduled in support of the Rugby World Cup 2011 tournament, whether or not they are sporting events, wherever they occur, and irrespective of who organises them; and
(b)
includes events such as the live public screening of a game that is part of the tournament
application means an application made to the Authority under this Act
approval—
(a)
means any type of approval that could be granted, given, or authorised by or under an enactment; and
(b)
includes a consent, licence, right, authorisation, permit, dispensation, exemption, waiver, and any other type of approval; but
(c)
to avoid doubt, does not include a Rugby World Cup liquor licence
Authority means the Rugby World Cup Authority established by section 10
chairperson means the person appointed under section 13(2) to be the chairperson of the Authority
change of conditions, in relation to an approval, a declaration, or a test approval or declaration, means 1 or more of the following:
(a)
to amend a condition:
(b)
to cancel a condition:
(c)
to impose a new condition
condition, in relation to an approval, includes a requirement, term, standard, rule, restriction, and prohibition
declaration means a declaration that an activity, facility, or class of activity or facility is a Rugby World Cup 2011 permitted activity, made—
(a)
by the Authority under Part 3:
(b)
by Order in Council under subpart 1 of Part 4
district has the same meaning as in section 5 of the Local Government Act 2002
environment has the meaning given in section 2 of the Resource Management Act 1991
facility means works, a site, or a structure and includes, as relevant, a proposed facility
land includes land covered by water and the airspace above the land
local authority has the same meaning as in section 5 of the Local Government Act 2002
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
notice of determination means—
(a)
a copy of any determination made by the Authority on an application for an approval or a declaration; or
(b)
a notice summarising such a determination
panel means a panel comprising members of the Authority who are appointed by the chairperson of the Authority under section 14
public notice—
(a)
means a notice published by the Authority on an Internet site to which members of the public have free access; and
(b)
includes notice given by other means in accordance with a direction of the Authority
region has the meaning given in section 5 of the Local Government Act 2002
relevant statutory person or body means the statutory person or body that would, but for this Act, have responsibility for determining a particular application
Rugby New Zealand 2011 Limited means the company of that name that—
(a)
is incorporated in New Zealand, is jointly owned by the New Zealand Rugby Union Incorporated and the Crown, and has its principal place of business in Wellington, New Zealand; and
(b)
is responsible to Rugby World Cup Limited for the planning, operational, and delivery requirements of the Rugby World Cup 2011 tournament
Rugby World Cup 2011—
(a)
means the Rugby World Cup 2011 tournament; and
(b)
includes all ancillary events
Rugby World Cup 2011 tournament and tournament—
(a)
mean the seventh quadrennial international rugby world championship scheduled to be held in New Zealand in 2011; and
(b)
include each of the games that constitute that tournament
Rugby World Cup Limited means the company of that name that is wholly owned by the International Rugby Board, incorporated under the laws of the Isle of Man, and having its principal place of business in Dublin, Ireland
Rugby World Cup liquor licence and licence have the meaning given in section 61
Rugby World Cup permitted activity means an activity or facility that may be undertaken or constructed without an approval that would, but for this Act, be required by or under another enactment or statutory planning instrument
service means service in accordance with section 96
ship has the meaning given in section 61
statutory person or body means the person or body that, under any enactment other than this Act, would, but for this Act, carry out the functions specified by or under this Act
statutory planning instrument means a planning instrument made under any enactment to regulate specified activities or the provision of specified facilities, including (but not limited to) district and regional plans, proposed plans, bylaws, conservation management plans, codes, and rules
structure includes—
(a)
a partially built structure; and
(b)
any part of a structure; and
(c)
a temporary structure or any part of such structure
test approval or declaration has the meaning given in section 20(5)
test event has the meaning given in section 20(5)
tournament venue means an official venue, such as a stadium or sports arena, where a game that is part of the tournament is played
urgent approval means an approval granted by the Minister under subpart 1 of Part 4.
Limitations to application of this Act and certain other Acts
5 Limits to application of this Act
(1)
This Act does not limit or affect—
(a)
the Biosecurity Act 1993; or
(b)
the Burial and Cremation Act 1964; or
(c)
(d)
the Coroners Act 2006; or
(e)
the Food Act 1981; or
(f)
(g)
the Health Act 1956.
(2)
Part 3 does not limit or affect—
(a)
the Building Act 2004; or
(b)
the Gambling Act 2003; or
(c)
the transport legislation.
(4)
In this section, transport legislation means—
(a)
the Civil Aviation Act 1990; and
(b)
the Land Transport Act 1998; and
(c)
the Land Transport Management Act 2003; and
(d)
the Maritime Security Act 2004; and
(e)
the Maritime Transport Act 1994; and
(f)
[Repealed](g)
the regulations and rules made under any of those Acts.
Section 5(4)(f): repealed, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).
6 Limits to application of Building Act 2004
(1)
This section applies only—
(a)
to a household unit within a building that—
(i)
since 1 June 2001, has been approved, in part or as a whole, for use as household units under the Building Act 2004; and
(ii)
is in an area of New Zealand that has reasonable access to a tournament venue; and
(b)
if, for the nominated period, the owner or person responsible for the household unit—
(i)
provides and displays, in accordance with regulations made under this Act, an evacuation notice and information on how to call emergency services; and
(ii)
ensures that a smoke alarm is at all times installed in the household unit and is in good working order.
(2)
Despite section 5(2)(a), if a household unit is used during the nominated period for transient accommodation, that use is not to be treated as a change of use for the purposes of sections 114 and 115 of the Building Act 2004 and regulations made under that Act.
(3)
In this section,—
household unit has the meaning given in section 7 of the Building Act 2004
nominated period means the period prescribed for the purpose of this section by regulations made under this Act
transient accommodation means accommodation that is let to travellers for any period within, or the whole of, the nominated period.
7 Application for status as major maritime event in relation to certain ancillary events
(1)
This section applies to an activity or a facility—
(a)
that takes place or is used on, over, in, or adjacent to the sea or a navigable river for the whole or part of the period between 1 September 2011 and 31 October 2011; and
(b)
for which, unless there is other lawful authority for the activity or facility, the Authority has granted—
(i)
an approval or made a declaration under Part 3 or 4:
(ii)
a Rugby World Cup liquor licence under Part 5.
(2)
Despite section 5(2)(c), the following persons or bodies may apply to the Minister to declare by notice in the Gazette that an activity or a facility to which subsection (1) applies is a major maritime event for the purposes of sections 200A and 200B of the Maritime Transport Act 1994:
(a)
the regional council that has jurisdiction over the area for which a declaration is sought:
(b)
the Commissioner of Police.
(3)
If the Minister makes a declaration under subsection (2), sections 200A and 200B of the Maritime Transport Act 1994 apply, except to the extent that this section provides otherwise.
(4)
If a notice given under subsection (2) provides for the regional council to make a determination of the kind provided for by section 200A(2)(e) of the Maritime Transport Act 1994, the regional council must first consult the Commissioner of Police, if the Police are not the applicant.
(5)
Section 200A(6) of the Maritime Transport Act 1994 does not apply to any application made under this section.
(6)
In this section, Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Maritime Transport Act 1994.
8 Act binds the Crown
This Act binds the Crown.
9 Expiry
(2)
The rest of this Act expires on the date specified in the Order in Council made under section 15.
Part 2 Establishment of Rugby World Cup Authority
Authority to be established
10 Establishment of Authority
(1)
This section establishes the Rugby World Cup Authority.
(2)
The Authority is a body corporate.
(3)
The Authority continues in existence until it is dissolved in accordance with section 15.
11 Functions of Authority
(1)
The functions of the Authority are—
(a)
to determine all applications made under Part 3; and
(b)
to make recommendations to the Minister in relation to—
(i)
the making of regulations under subpart 1 of Part 4:
(ii)
the granting of urgent approvals under that subpart; and
(c)
to determine applications made under Part 5 for Rugby World Cup liquor licences; and
(d)
to the extent provided for by this Act, to undertake enforcement functions.
(2)
In exercising its functions under this Act, the Authority must, to the extent relevant, have regard to—
(a)
the desirability of making proper preparation for the Rugby World Cup 2011; and
(b)
the need to ensure the efficient, safe, and lawful conduct of the Rugby World Cup 2011; and
(c)
the desirability of supporting the appropriate delivery of services by or through Rugby New Zealand 2011 Limited; and
(d)
the importance of ensuring—
(i)
that public health and safety are protected as far as is reasonably practicable during the period of the Rugby World Cup 2011; and
(ii)
the security of property; and
(iii)
that permanent adverse effects on the environment are avoided; and
(iv)
that other adverse effects are, to the extent appropriate in the circumstances, avoided, remedied, or mitigated; and
(e)
the desirability of maximising the benefit to be derived during or after the tournament from things done in preparation for, or in support of, the tournament.
12 Powers of Authority
(1)
For the purpose of carrying out its functions, the Authority has—
(a)
full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and
(b)
for the purposes of paragraph (a), full rights, powers, and privileges.
(2)
Without limiting subsection (1), the Authority has the same functions, powers, privileges, and immunities in respect of every application made under this Act as the relevant statutory person or body would have, but for this Act.
13 Membership of Authority
(1)
The Minister must appoint persons to be members of the Authority, by notice in the Gazette, after consultation with—
(a)
the Minister of Justice; and
(b)
the Minister for Economic Development; and
(c)
the Minister for the Environment.
(2)
The Minister must appoint—
(a)
a member of the Authority who is a current, former, or retired Judge or a lawyer of at least 7 years’ standing to be the chairperson of the Authority; and
(b)
another member who is a lawyer of at least 7 years’ standing to be its deputy chairperson.
(3)
In appointing members, the Minister must ensure that the Authority has available to it sufficient members with the knowledge, skill, and experience relevant to the Authority’s functions and, in particular, knowledge, skill, or experience relating to—
(a)
the enactments relevant or likely to be relevant to those functions; and
(b)
the matters that are likely to come before the Authority; and
(c)
the regions where the tournament will take place; and
(d)
judicial processes.
14 Chairperson to appoint panels to determine proceedings
(1)
When any application is received by the Authority under this Act, the chairperson must appoint—
(a)
a panel selected from among the members of the Authority to constitute the Authority for the purpose of considering and determining the application; and
(b)
a member of that panel to constitute the Authority for the purpose of making the preliminary determination required by section 25(1); and
(c)
either a panel or a member of the Authority who is a lawyer of at least 7 years’ standing, as he or she considers appropriate, to constitute the Authority for the purpose of determining applications for interim injunctive and other enforcement orders under subpart 5 of Part 3, subpart 2 of Part 4, or subpart 5 of Part 5.
(2)
A panel must comprise at least 3 members including, as presiding officer, a lawyer of at least 7 years’ standing (who may be the chairperson of the Authority).
(3)
In appointing a panel, the chairperson must have regard to the need for the panel to have available to it sufficient members with the knowledge, skill, and experience relevant to the particular application before it.
(4)
The powers of the Authority are able to be exercised by a panel even if a member of that panel is absent for part of the proceedings of that panel, so long as the presiding officer of that panel and at least 1 other member are present.
(5)
In the event of disagreement on any matter before a panel,—
(a)
the decision of the majority of the members is the decision of the Authority; but
(b)
the decision of the presiding officer of the panel is, if the members are equally divided, the decision of the Authority.
(6)
The chairperson’s exercise of the discretion under subsection (1) may not be questioned in proceedings before the Authority or in a court.
15 Dissolution of Authority
(1)
The Authority is dissolved on the date specified in regulations made by the Governor-General by Order in Council, on the recommendation of the Minister.
(2)
The Order in Council must not be made unless the Authority has completed its functions and all appeals relating to its decisions have been decided.
16 Further provisions applying to Authority
Schedule 1 applies to the Authority.
Administrative secretariat
17 Administrative secretariat to support Authority
(1)
The territorial authority of each district in which an activity is to be undertaken or a facility constructed for or in relation to the Rugby World Cup 2011 must ensure that—
(a)
provision is made for premises for the Authority, as needed, and for the secretarial, recording, accounting, administrative, and technical facilities and services that are necessary to enable the Authority to carry out its functions; and
(b)
an administrative secretariat is established for the support of the Authority in exercising its functions in, or in relation to, a district.
(2)
The obligations under subsection (1) are in addition to the powers of a territorial authority under the Local Government Act 2002.
(3)
An administrative secretariat comprises advisory and administrative staff employed by, or acting under delegation from, the chief executive of the territorial authority for the purpose of undertaking the functions of the administrative secretariat.
(4)
The functions of an administrative secretariat are—
(a)
to receive and register applications under Parts 3 and 5; and
(b)
to forward applications to the Authority and to the relevant statutory person or body not later than the next working day after they are lodged with the administrative secretariat; and
(c)
to provide advice to the Authority, in accordance with its requirements, for matters relevant to any determinations of the Authority; and
(d)
to act on the instructions that the Authority gives in carrying out its functions under this Act, including undertaking the preparation of reports required by the Authority, whether or not those reports would, but for this Act, be the responsibility of another statutory person or body; and
(e)
(f)
to receive and hold any bond required by the Authority, and refund or use the bond in accordance with any directions of the Authority; and
(g)
to perform any other functions for the support of the Authority that the chairperson of the Authority requests of the chief executive of the relevant territorial authority.
18 Deposit to be paid to administrative secretariat
(1)
(2)
The purpose of any deposit is to enable the recovery of costs and expenses, including full costs and expenses, in accordance with regulations made under section 95, by—
(a)
the Authority, in determining applications made to the Authority; and
(b)
the statutory person or body that would, but for this Act, be responsible for undertaking monitoring and enforcement in relation to—
(i)
an approval, declaration, or test approval or declaration granted or made under Part 3:
(ii)
a Rugby World Cup permitted activity declared, or an urgent approval granted, under Part 4:
(iii)
a Rugby World Cup liquor licence granted under Part 5; and
(c)
an administrative secretariat, in carrying out its functions under this Act.
(3)
If the deposit paid is more than the costs and expenses calculated in accordance with regulations made under this Act, the Authority must authorise the administrative secretariat to refund the excess to the applicant.
(4)
If the deposit is less than the costs and expenses calculated in accordance with regulations made under this Act, the applicant must pay the deficiency to the administrative secretariat before the Authority releases its determination.
(5)
An administrative secretariat or the Authority is under no obligation to commence processing or determining an application until the deposit required by subsection (1) is available to the administrative secretariat in cleared funds.
Part 3 Approvals and declarations
Subpart 1—Applications to Authority
19 Applications for approvals, declarations, and changes to conditions
Approvals
(1)
Any person may apply to the Authority for an approval that would, but for this Part, be required by or under another enactment or a statutory planning instrument for an activity or a facility reasonably necessary for the proper conduct of the Rugby World Cup 2011.
Declarations
(2)
Applications may also be made to the Authority to declare, in relation to a specified location or area, that a specified activity or facility, or class of activity or facility, is a Rugby World Cup permitted activity.
(3)
An application for a declaration may be made only by the relevant statutory person or body.
(4)
A declaration may relate only to an activity or facility, or class of activity or facility, that is reasonably necessary for the proper conduct of the Rugby World Cup 2011.
Changes to conditions
(5)
A person who holds an approval or a declaration granted under this Part may apply to the Authority for a change to any conditions of the approval or declaration.
(6)
A person who holds an approval granted under any other enactment may apply to the Authority for a change to any conditions of the approval.
(7)
An application may not be made under subsection (5) or (6) unless the change sought is reasonably necessary for the proper conduct of the Rugby World Cup 2011.
20 Applications relating to test events
(1)
Applications may be made for test approvals or declarations relating to a test event.
(2)
A test approval or declaration may be granted—
(a)
subject to any conditions that the Authority considers appropriate; and
(b)
for a specified term, which must not exceed the time required for the specified test event, in order to test the adequacy of the activity or facility.
(3)
A person who holds a test approval or declaration may apply to the Authority for a change to the conditions of a test approval or declaration.
(4)
The provisions of this Part (other than section 22) apply, with any necessary modifications, to an application under this section as if it were an application made under section 19.
(5)
In this Part,—
test approval or declaration means an approval or a declaration that—
(a)
is required for an activity or a facility or a class of activity or facility to be undertaken or constructed in relation to a test event; and
(b)
is necessary or desirable in order to test whether the activity or facility is adequate and appropriate for the purpose for which it would be required if the test event were part of the tournament
test event means an event, whether or not a sporting event, that is not organised and held as part of the tournament, but for which an approval or a declaration may be sought under this section to enable the testing of a particular activity or facility that is, or is likely to be, required for the tournament.
21 Method of making application
Applications for approvals and declarations under section 19 or 20 must be—
(a)
made in writing, in the form and manner prescribed by regulations or as approved by the Authority; and
(b)
lodged for registration with the administrative secretariat; and
(c)
accompanied by—
(i)
the information required by section 22 or 23, as the case requires; and
(ii)
the deposit that the administrative secretariat may require under section 18.
22 Information to be supplied with applications for approvals and declarations
(1)
Every application made under this Part must supply—
(a)
all the information required under the enactment that would, but for this Act, apply; and
(b)
if not required by the other enactments, an electronic address for service of notices given under this Act.
(2)
Without limiting subsection (1),—
(a)
an application made under section 19(1) for an approval must—
(i)
specify the activity or facility for which the approval is required; and
(ii)
specify the enactment or statutory planning instrument that would apply, but for this Part; and
(iii)
describe the land, location, or area to which the activity or facility relates and state why the site is suitable for that activity or facility; and
(b)
an application made under section 19(2) for a declaration must—
(i)
describe the activity or facility, or class of activity or facility, in respect of which a declaration is sought; and
(ii)
specify the enactment or statutory planning instrument that would apply, but for this Part; and
(iii)
describe the land, location, or area where the proposed declaration is to apply and state why that land, location, or area is a suitable site for the relevant Rugby World Cup permitted activity; and
(iv)
provide information as to why the declaration is requested; and
(c)
an application made under section 19(1) or (2) must also include—
(i)
evidence that the activity or facility to which the application relates meets the criteria set out in section 25(3); and
(ii)
evidence of any planning or other preparation undertaken under the enactment that would, but for this Part, apply in relation to the activity or facility and why the application ought to be considered under this Part, rather than under that other enactment; and
(iii)
information as to the steps the applicant will take to ensure, as far as is reasonably practicable, the health and safety of those carrying out the activity or using the facility; and
(iv)
maps and plans that describe the activity or facility and its location or proposed location; and
(v)
any conditions that the applicant considers appropriate to apply to the approval or declaration, if granted; and
(vi)
an assessment of how the activity or facility to which the application relates is likely to promote the matters set out in section 11(2); and
(vii)
any other information that the applicant considers would assist in the determination of the application; and
(d)
an application made under section 19(5) or (6) in relation to a change to the conditions must—
(i)
describe the approval or declaration to which it relates; and
(ii)
identify the condition that is the subject of the request or the new condition that is sought; and
(iii)
provide information as to why the change or cancellation of the condition is requested or a new condition is sought; and
(iv)
include an assessment of how the change or cancellation of a condition or provision of a new condition is likely to promote the matters set out in section 11(2); and
(v)
include the information required by subsections (1) and (2)(c)(iv) and (vii).
23 Information to be supplied with applications for test approvals or declarations
An application made under section 20 must include—
(a)
a description of the test event, including—
(i)
the location where it is to take place; and
(ii)
the date and time when it is to take place; and
(b)
a statement as to why a test approval or declaration is required and how it is to be used for the purpose of testing, as part of the preparation for the Rugby World Cup 2011, that an activity or facility is adequate and appropriate to achieve the intended outcome; and
(c)
information as to the steps the applicant will take to ensure, as far as is reasonably practicable, the health and safety of those carrying out the activity or using the facility; and
(d)
any other information relevant to the test event for which the test approval or declaration is required; and
(e)
in the case of an application to change the conditions of a test approval or declaration, the information required under section 22(2)(d).
Overlapping applications
24 Procedure in event of overlapping applications to both statutory person or body and Authority for same activity
(1)
If an applicant lodges an application for an approval under section 21(b) that is the same, or substantially the same, as an application already lodged with a statutory person or body,—
(a)
the Authority must proceed to make—
(i)
the preliminary determination under section 25 or 26; and
(ii)
the determination referred to in subsection (2); and
(b)
if the Authority is satisfied that the application meets the criteria of subsection (2) and, to the extent relevant, the criteria of section 25(3),—
(i)
the Authority must proceed to deal with the application under Part 3; and
(ii)
the application to the relevant statutory person or body is to be treated as having been withdrawn from the relevant statutory person or body and must be transferred to the Authority in accordance with regulations made under this Act.
(2)
In determining whether an application is the same or substantially the same as the application lodged with the relevant statutory person or body, the Authority must take into account—
(a)
the duration of the activity or facility proposed in each application; and
(b)
any other matters the Authority considers relevant in the circumstances.
(3)
If the Authority proceeds to determine an application to which this section applies, it must notify the relevant statutory person or body that it is doing so.
(4)
If notice is given under subsection (3), the relevant statutory person or body must, without delay,—
(a)
forward a copy of all documentation it holds on the application to the Authority; and
(b)
cease to process the application.
(5)
However, if the Authority declines to grant an approval under this Part, the relevant statutory person or body must, if requested to do so by the applicant, reinstate the application and proceed to determine it as if the application had not been transferred to the Authority.
(6)
If subsection (5) applies,—
(a)
the application and documentation held by the Authority in relation to the application must be transferred without delay to the relevant statutory person or body; and
(b)
the statutory time limits applying to the relevant statutory person or body recommence from the date that the statutory body or person receives the documentation.
(7)
If the relevant statutory person or body is requested to reinstate and determine the application under subsection (5),—
(a)
it must treat the decision and reasons of the Authority as irrelevant for the purposes of the decision on the application; but
(b)
it may have regard to any other relevant information that is transferred under subsection (6)(a).
Subpart 2—Jurisdiction, public notification, and making of submissions
Preliminary question of jurisdiction
25 Preliminary consideration of applications
(1)
The Authority must determine, in relation to every application made under subpart 1, whether the application meets the criteria set out in subsection (3).
(2)
Before making that decision the Authority may request further information from the applicant, if it is satisfied that provision of the information will, in the circumstances, assist in the fair and timely determination of the application.
Criteria
(3)
The Authority must be satisfied that—
(a)
the application relates to an activity or facility that is reasonably necessary for the proper conduct of, as the case may be,—
(i)
the Rugby World Cup 2011; or
(ii)
a test event; and
(b)
the applicant has undertaken all reasonably practicable measures to ensure that the necessary approval, declaration, test approval or declaration, or change to the conditions was obtained under the enactment or statutory planning instrument that would have applied, but for this Part, or that the application could not reasonably have been made at an earlier date; and
(c)
it is unlikely that, but for this Part, the application could be determined in time to enable the activity to be undertaken or the facility constructed for the Rugby World Cup 2011 or the test event, as the case may be.
26 Preliminary consideration of applications relating to tournament venues
In determining an application that relates to a tournament venue, the Authority must disregard the criteria set out in section 25(3)(b) and (c).
27 Notice of preliminary decision
(1)
The Authority must give notice to the applicant of its determination under section 25(1), advising whether or not the application is to be determined under this Act, and the reasons for the decision.
(2)
The Authority must give notice of its decision not later than 5 working days after receiving—
(a)
the application from the administrative secretariat under section 17(4)(b); or
(b)
any further information requested under section 25(2).
Notification of applications
28 Authority must give public notice of applications
(1)
If the Authority determines under section 25 that an application is to be determined under this Act, the Authority must, not later than 5 working days after notifying the applicant under section 27,—
(a)
give public notice of that application; and
(b)
serve a copy of the application and of all documents and maps or plans submitted with it—
(i)
on the relevant statutory person or body; and
(ii)
on Rugby New Zealand 2011 Limited; and
(iii)
on the New Zealand Fire Service.
(2)
However, subsection (1)(a) does not apply if the enactment or statutory planning instrument that would apply, but for this Act, makes no provision for public notice to be given of an application made under that enactment or statutory planning instrument.
(3)
Despite subsection (2), the Authority may give public notice of an application to which that subsection applies if it considers that there are special circumstances that warrant public notice being given.
(4)
If public notice is not given, the Authority must, without delay, give written notice to the persons with a right to be heard, as provided for in section 32(2), of—
(a)
the decision not to publicly notify the application; and
(b)
the right of those persons to request a hearing.
(5)
Any request for a hearing must be received by the administrative secretariat not later than 4 working days after the date of the notice given under this subsection.
29 Contents of public notice
(1)
A public notice must specify—
(a)
the nature of the application, with details that include—
(i)
the activity, facility, or test activity or facility for which an approval is sought or the activity or facility, or class of activity or facility, that would become a Rugby World Cup permitted activity; and
(ii)
the land, location, or area where any approval, declaration, or test approval or declaration would apply; and
(b)
the enactment that would, but for this Act, apply to the application; and
(c)
the persons or classes of person who are entitled to make a submission on the application; and
(d)
how any submissions opposing or in support of the application must be made (which may include requiring submissions to be made by electronic transmission); and
(e)
the address for service of submissions to—
(i)
the applicant; and
(ii)
the relevant statutory person or body; and
(f)
the date by which submissions must be received by the Authority (which must be not later than 10 working days after the date of the public notice); and
(g)
where access (which may be restricted to Internet access) to the application and all accompanying documents and plans is available without charge; and
(h)
how to obtain further information on the application.
(2)
The Authority must supply a copy of an application and of the documents and any maps or plans submitted with it, if requested, on the payment of a reasonable fee fixed by the Authority.
Standing to make submissions
30 Submissions
(1)
After an application has been publicly notified, submissions may be made in support of, or opposing, the application by—
(a)
the applicant:
(b)
the relevant statutory person or body:
(c)
an affected person, as determined in accordance with section 31:
(d)
a person with an interest greater than that of the general public in the matter to which the application relates:
(e)
the New Zealand Fire Service.
(2)
No submissions may be made by any person on, or in relation to, trade competition or the effects of trade competition.
(3)
Submissions, including any request to be heard, must be—
(a)
made in the form and manner prescribed by regulation or as approved by the Authority; and
(b)
lodged with the Authority by the date given in the public notice; and
(c)
served on the applicant and the relevant statutory person or body without delay after being lodged with the Authority.
31 Determination of affected person status
(1)
A person is an affected person if the adverse effects on the person of an activity, facility, or class of activity or facility for which an approval, declaration, or test approval or declaration is sought will be, or are likely to be, more than minor.
(2)
However, a person is not an affected person—
(a)
if, and to the extent that, the effects on that person relate to trade competition or the effects of trade competition; or
(b)
if, and to the extent that, the effects of the activity, facility, or class of activity or facility on that person are expressly permitted by any statutory planning instrument or by a declaration made under this Part; or
(c)
if the person has given written approval for the activity, facility, or class of activity or facility and has not withdrawn that approval by written notice to the Authority before the Authority has made its determination on the matter; or
(d)
if it is unreasonable in the circumstances to seek the person’s written approval.
(3)
In determining whether a person is an affected person, the Authority must disregard an adverse effect that is of a temporary nature, having regard to the duration of the activity or facility for which an approval, a declaration, or a test approval or declaration is sought.
Subpart 3—Hearing and determination of applications
Hearing
32 Persons with right to be heard
(1)
The Authority need not conduct a hearing in relation to an application unless—
(a)
it considers that a hearing is necessary; or
(b)
a person with a right to be heard has requested to be heard.
(2)
The persons who have a right to be heard by the Authority are—
(a)
the applicant; and
(b)
the relevant statutory person or body; and
(c)
any person who lodged a submission under section 30.
33 Commencement of any hearing
(1)
If an application is publicly notified under section 28, the Authority must, not later than 5 working days after the closing date for submissions notified under section 29(1)(f), give written notice to the persons with a right to be heard as to—
(a)
whether the Authority is to conduct a hearing; and
(b)
if so, the date of its commencement, which must be not later than 5 working days after the date on which the written notice is given under this subsection.
(2)
If an application is not publicly notified, the Authority must, not later than 5 working days after giving written notice to the persons with a right to be heard under section 28(4), give those persons written notice as to—
(a)
whether the Authority is to conduct a hearing; and
(b)
if so, the date of its commencement, which must be not later than 5 working days after the date of the written notice given under this subsection.
(3)
No hearing is required under this section if—
(a)
the persons with a right to be heard waive that right; and
(b)
the Authority considers that a hearing is not necessary.
Determination of applications
34 Determination of applications for approvals
(1)
In determining an application made under section 19(1) or (5) or 20 for an approval, a test approval, or a change to the conditions of an approval or a test approval, the Authority must have regard to any adverse effects on the environment that would be, or would be likely to be, if the application were granted, more than minor as determined in accordance with section 36.
(2)
Subsection (1) also applies, with the necessary modifications, to the determination of an application under section 19(6) to change the conditions of an approval granted, given, or authorised under another enactment.
(3)
The Authority must not grant the application if the activity or facility that is the subject of the application is prohibited by another Act.
(4)
In making a determination under subsection (1) or (2), the Authority must take into account—
(a)
the particular circumstances of the application; and
(b)
the extent to which an approval, a test approval, or a change to the conditions of an approval or a test approval, if granted, would promote the matters set out in section 11(2).
(5)
The Authority may take into account—
(a)
the effect of an approval, a test approval, or a change to the conditions of an approval or a test approval, if granted, on activities or facilities that have been authorised under this Act or another enactment; and
(b)
the provisions of any enactment or statutory planning instrument that would, but for this Part, apply and whether the application meets the requirements of those provisions.
(6)
The Authority may grant the application in full or in part or decline the application.
(7)
If the Authority grants the application, the Authority—
(a)
must prescribe, as a condition of the approval or test approval, or change to the conditions of the approval or test approval,—
(i)
in the case of an approval or a change to the conditions of that approval, the duration of the approval or conditions, which may commence at any time provided for by the Authority and must, unless section 41 applies, expire not later than 31 December 2011; and
(ii)
in the case of a test approval, the duration of the approval, which may commence not earlier than 1 week before the commencement of the relevant test event and must expire not later than the day after the final day of that event; and
(b)
may prescribe any other conditions that it considers appropriate, including a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of an approval or a test approval.
35 Determination of applications for declarations
(1)
In determining an application under section 19(2) or (5) or 20 for a declaration, a test declaration, or a change to the conditions of a declaration or a test declaration, the Authority must have regard to any adverse effects on the environment that would be, or would be likely to be, if the application were granted, more than minor as determined in accordance with section 36.
(2)
The Authority must not grant the application if the activity, facility, or class of activity or facility that is the subject of the application is prohibited by another Act.
(3)
In making a determination under subsection (1), the Authority must take into account—
(a)
the particular circumstances of the application; and
(b)
the extent to which a declaration, test declaration, or change to the conditions of a declaration or test declaration, if granted, would promote the matters set out in section 11(2).
(4)
The Authority may take into account—
(a)
the effect of a declaration, test declaration, or change to the conditions of a declaration or test declaration, if granted, on activities or facilities that have been authorised under this Act or another enactment; and
(b)
the provisions of any enactment or statutory planning instrument that would, but for this Part, apply and whether the application meets the requirements of those provisions.
(5)
The Authority may grant the application in full or in part or decline the application.
(6)
If the Authority grants the application, it must—
(a)
prescribe, as a condition of the declaration or test declaration, the duration of the declaration or test declaration, which may commence,—
(i)
in the case of a declaration, not earlier than 1 August 2011 and must expire not later than 31 October 2011; and
(ii)
in the case of a test declaration, not earlier than 1 week before the commencement of the relevant test event and must expire not later than the day after the final day of that event; and
(b)
prescribe the land, area, or location where the Rugby World Cup permitted activity may be undertaken or constructed; and
(c)
direct the relevant statutory person or body to treat the specified activity or facility, or class of activity or facility, as a Rugby World Cup permitted activity.
(7)
The Authority may prescribe any other conditions that it considers appropriate, including—
(a)
conditions that apply to any of the activities, facilities, or class of activity or facility to which the declaration relates; and
(b)
a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of a declaration or test declaration.
36 Determination of whether adverse effects are more than minor
In determining, for the purposes of sections 34 and 35, whether an activity or facility will, or is likely to, have adverse effects on the environment that are more than minor (including on any person), the Authority must disregard—
(a)
any adverse effect of the activity or facility that—
(i)
relates solely to the site or location of the activity or facility; and
(ii)
is expressly permitted by any statutory planning instrument or by a declaration made under this Part; and
(iii)
is of a temporary nature, having regard to the duration of the approval, declaration, or test approval or declaration; and
(b)
any effect of the activity or facility on a person who has given written approval to the application; and
(c)
trade competition and the effects of trade competition.
37 Notice of determination
(1)
If an application is not publicly notified under section 28 (whether or not a hearing is conducted), the Authority must serve notice of its determination, as required by subsection (3), on—
(a)
the applicant; and
(b)
the relevant statutory person or body; and
(c)
the New Zealand Fire Service; and
(d)
Rugby New Zealand 2011 Limited.
(2)
If an application is publicly notified (whether or not a hearing is conducted), the Authority must serve notice of its determination, as required by subsection (3), on—
(a)
the applicant; and
(b)
the relevant statutory person or body; and
(c)
each person who lodged a submission on the application or is required to provide a report under clause 11 of Schedule 1; and
(d)
Rugby New Zealand 2011 Limited.
(3)
The required notice must be served,—
(a)
in the case of an application which is not publicly notified,—
(i)
not later than 5 working days after notice is given under section 33(2); or
(ii)
not later than 10 working days after the end of a hearing, if one is conducted; or
(b)
in the case of an application that is publicly notified, not later than 10 working days after—
(i)
the closing date for submissions to be lodged under section 30, if no hearing is conducted; or
(ii)
the end of the hearing, if a hearing is conducted.
(4)
A notice served under this section must include—
(a)
the reasons for the determination; and
(b)
the provisions of any enactment and statutory planning instrument relevant to that determination; and
(c)
the principal issues in contention and the main findings on them; and
(d)
the reasons for any conditions that are imposed; and
(e)
advice as to the right of appeal under subpart 6; and
(f)
the date by which any appeal must be lodged.
(5)
A copy of a determination of the Authority and of any map or plan to which it refers must be—
(a)
kept at the place specified by the Authority (including, at the discretion of the Authority, on an Internet site); and
(b)
made available for public inspection without charge during ordinary office hours (or on an Internet site, without charge).
Subpart 4—Further provisions applying to approvals and declarations
38 Commencement of approvals and declarations
Unless the Authority specifies a later date, an approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration commences on the third working day after the determination of the Authority is publicly notified.
39 Expiry of approvals and declarations
An approval, a declaration, a test approval or declaration, or a change to the conditions of an approval or a declaration expires—
(a)
on the date specified by the Authority under section 34 or 35, as the case may be; or
(b)
if the Authority does not so specify, on the date specified in section 34 or 35, as the case may be.
40 Effect of approvals and declarations by Authority under this subpart
(1)
An approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration granted or made under this Part has full force and effect for its duration and according to its terms and conditions as if it were granted or made under the enactment or statutory planning instrument that would, but for this Part, apply.
(2)
To avoid doubt, unless section 41 applies, an activity or facility undertaken or constructed under an approval, a declaration, or a test approval or declaration granted or made under this Part does not—
(a)
give rise to or create any right to the use of land after the expiry of the approval, declaration, or test approval or declaration; or
(b)
qualify, in the case of an approval that would, but for this Part, be required by or under the Resource Management Act 1991, for—
(i)
a certificate of compliance under section 139 of that Act; or
(ii)
an existing use certificate under section 139A of that Act.
41 Continuing effect of approvals after expiry
(1)
A person to whom an approval is granted under this Part may apply to the relevant statutory person or body for a certificate that certifies that the approval granted under this Part continues to have effect as if it were an approval granted under the enactment or statutory planning instrument that would, but for this Part, apply.
(2)
A certificate issued under subsection (1)—
(a)
applies subject to the enactment or statutory planning instrument that would, but for this Act, apply; and
(b)
may impose conditions in accordance with the requirements of that enactment or statutory planning instrument.
(3)
In addition, a certificate issued under subsection (1) must include a condition as to the duration of the approval or certificate.
(4)
An application under subsection (1) must be made not later than 1 month before the expiry of the approval granted under this Part.
(5)
The relevant statutory person or body may, in its discretion,—
(a)
allow the person to whom the approval was granted to continue to operate under the approval granted by the Authority under this Part until the relevant statutory person or body—
(i)
grants a new approval under the enactment or statutory planning instrument that would, but for this Part, apply and all appeals are determined; or
(ii)
issues a certificate under subsection (1); or
(iii)
declines to grant a new approval under the enactment that would, but for this Part, apply or issue a certificate; and
(b)
impose conditions in accordance with the requirements of that enactment or statutory planning instrument.
Subpart 5—Enforcement
42 Monitoring and enforcement under this Part
(1)
The statutory person or body responsible for monitoring and enforcement under an enactment or statutory planning instrument that would, but for this Part, apply must carry out monitoring and enforcement in relation to approvals or test approvals granted, or declarations or test declarations made, under this Part.
(2)
That statutory person or body has the same powers for that purpose as that person or body has under the other enactment or statutory planning instrument.
(3)
The provisions for monitoring and enforcement under that other enactment or statutory planning instrument apply, with the necessary modifications.
(4)
To avoid doubt, any right of appeal that applies under the enactment or statutory planning instrument that would, but for this Part, apply also applies to enforcement proceedings taken in relation to activities or facilities for which approvals are granted or declarations made under this Part.
Enforcement by interim injunctive orders
43 Applications for interim injunctive orders
(1)
This section and section 44 apply, in addition to the powers of enforcement available under section 42, in relation to activities or facilities for which approvals are granted or declarations made under this Part.
(2)
The relevant statutory person or body may apply to the Authority for an interim injunctive order to—
(a)
require a person to cease undertaking an activity or constructing a facility; or
(b)
prohibit a person from commencing an activity or beginning to construct a facility.
(3)
No undertaking as to damages may be required in relation to an application made under this section.
44 Making of interim injunctive orders
(1)
The Authority may make an interim injunctive order if, in its opinion, the application relates to an activity or a facility that—
(a)
contravenes, or is likely to contravene, the approval, declaration, or test approval or declaration granted for the activity or facility; or
(b)
is, or is likely to be, noxious, dangerous, offensive, or objectionable to such an extent that it has, or is likely to have,—
(i)
an adverse effect on the environment that is not of a temporary nature; or
(ii)
a serious prejudicial effect on the proper conduct of the Rugby World Cup 2011.
(2)
If the Authority considers it necessary or desirable to avoid, mitigate, or remedy an effect of a kind described in subsection (1)(b), an interim injunctive order may be made—
(a)
without requiring service of the application on the person against whom the order is sought; and
(b)
without holding a hearing.
(3)
Before making an order, the Authority must consider—
(a)
the effect on the environment or on the conduct of the Rugby World Cup 2011 of not making the order; and
(b)
whether any adverse effect is of a temporary nature only; and
(c)
whether the Authority should hear the statutory person or body that applied for the order or the person against whom the order is sought; and
(d)
any other matters that the Authority thinks fit.
45 Procedure in relation to interim injunctive orders
(1)
The Authority must serve a copy of any interim injunctive order on the person against whom the order is made without delay.
(2)
If the person against whom the order is made was not heard by the Authority before the order was made, that person may apply to the Authority, as soon as practicable after being served with the order, for an order changing or cancelling the interim order.
(3)
An application made under subsection (2) must be—
(a)
made in the form and manner prescribed by regulations or as approved by the Authority; and
(b)
accompanied by the fee prescribed for the purpose in accordance with regulations made under this Part.
(4)
The Authority may confirm or cancel the interim injunctive order, or may issue a new interim injunctive order, as it thinks fit.
46 Effect and duration of interim injunctive orders
(1)
An interim injunctive order made under this subpart takes effect according to its terms from the time that it is served or such later time as the order directs.
(2)
An order stays in force until—
(a)
the Authority cancels the order or issues a new order under section 45(4); or
(b)
the statutory person or body has sought and obtained an appropriate order under the enactment or statutory planning instrument that would, but for this Part, apply; or
(c)
the person against whom the order was made, or another person directly affected by the order, has sought and obtained cancellation of, or a change to, the order under that enactment or statutory planning instrument.
Offences and penalties
47 Offences and penalties
(1)
The offences and penalties prescribed by or under an enactment that would, but for this Part, apply to an approval, a declaration, or a test approval or declaration apply to the breach of an approval, a declaration, or a test approval or declaration granted or made under this Part.
(2)
In an enactment that would apply, but for this Part, a reference to an approval that could be granted, given, or authorised under that enactment is to be read as a reference to an approval given under this Part.
(3)
Every person who breaches an interim injunctive order commits an offence and is liable, on conviction, to a fine,—
(a)
in the case of a natural person, not exceeding $300,000; and
(b)
in the case of a person other than a natural person, not exceeding $600,000; and
(c)
in each case, if the offence is a continuing offence, not exceeding $10,000 for every day or part of a day during which the offence continues.
Section 47(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Subpart 6—Appeal rights
Right of appeal on question of law only
48 Appeals
(1)
A person or body that applied for an approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration and is dissatisfied with the determination of the Authority under section 25(1) (which relates to the determination of the Authority as to jurisdiction) may appeal to the High Court, but only on a question of law.
(2)
There is a right of appeal to the High Court, but only on a question of law, against a determination of the Authority made under—
(a)
section 34 (which relates to an application for an approval) for the applicant, the relevant statutory person or body, and any person who made a submission:
(b)
section 35 (which relates to an application for a declaration) for the relevant statutory body and any person who made a submission:
(c)
section 44 or 45(4) (which each relate to interim injunctive orders) for—
(i)
the statutory person or body that applied for an order; or
(ii)
the person against whom the Authority makes an order.
(3)
An appeal under this section must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with Schedule 2.
Part 4 Procedures available in circumstances of urgency
[Expired]Part 4: expired, on 31 October 2011, by section 9(1).
Purpose[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
Subpart 1—Declarations of status as Rugby World Cup permitted activity and grant of urgent approvals
[Expired]Subpart 1: expired, on 31 October 2011, by section 9(1).
Applications[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
50 Applications for recommendation of Authority
[Expired]Section 50: expired, on 31 October 2011, by section 9(1).
Declaration of status as Rugby World Cup permitted activity[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
51 Matters relevant to determination of application
[Expired]Section 51: expired, on 31 October 2011, by section 9(1).
52 Power to declare Rugby World Cup permitted activities
[Expired]Section 52: expired, on 31 October 2011, by section 9(1).
Grant of urgent approvals[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
Subpart 2—Miscellaneous provisions
[Expired]Subpart 2: expired, on 31 October 2011, by section 9(1).
Effect of regulations[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
56 Effect of declaration made by Order in Council
[Expired]Section 56: expired, on 31 October 2011, by section 9(1).
Effect of urgent approval[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
57 Effect of urgent approval granted by Minister
[Expired]Section 57: expired, on 31 October 2011, by section 9(1).
Monitoring, enforcement, and appeal rights[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
58 Monitoring, enforcement, and appeals
[Expired]Section 58: expired, on 31 October 2011, by section 9(1).
Offences and penalties[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
Part 5 Rugby World Cup liquor licences
[Expired]Part 5: expired, on 31 October 2011, by section 9(1).
Subpart 2—Rugby World Cup liquor licensing scheme
[Expired]Subpart 2: expired, on 31 October 2011, by section 9(1).
Purpose and scope[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
62 Purpose and scope of Rugby World Cup liquor licence
[Expired]Section 62: expired, on 31 October 2011, by section 9(1).
Applications for Rugby World Cup liquor licences[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
63 Who may apply for and hold Rugby World Cup liquor licence
[Expired]Section 63: expired, on 31 October 2011, by section 9(1).
64 Applications for Rugby World Cup liquor licences
[Expired]Section 64: expired, on 31 October 2011, by section 9(1).
65 Applications under this Part and Part 3 for same activity or approval
[Expired]Section 65: expired, on 31 October 2011, by section 9(1).
66 Applications relating to specified geographic locations
[Expired]Section 66: expired, on 31 October 2011, by section 9(1).
Notice[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
68 Public notice of applications
[Expired]Section 68: expired, on 31 October 2011, by section 9(1).
Matters relevant to determining applications[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
69 Matters relevant to objections and determinations
[Expired]Section 69: expired, on 31 October 2011, by section 9(1).
Who may object[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
70 Objections
Section 70: expired, on 31 October 2011, by section 9(1).
Decisions on applications[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
71 Grant of unopposed applications without hearing
[Expired]Section 71: expired, on 31 October 2011, by section 9(1).
72 Hearing in case of opposed licence
[Expired]Section 72: expired, on 31 October 2011, by section 9(1).
Licences issued[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
Subpart 3—Conditions of Rugby World Cup liquor licences
[Expired]Subpart 3: expired, on 31 October 2011, by section 9(1).
77 Conditions applying to all licences
[Expired]Section 77: expired, on 31 October 2011, by section 9(1).
79 Licences under this Part not to affect limitations under Gambling Act 2003
[Expired]Section 79: expired, on 31 October 2011, by section 9(1).
Subpart 4—Management
[Expired]Subpart 4: expired, on 31 October 2011, by section 9(1).
80 Responsibility for management and compliance
[Expired]Section 80: expired, on 31 October 2011, by section 9(1).
81 Further application of Sale of Liquor Act 1989
[Expired]Section 81: expired, on 31 October 2011, by section 9(1).
Subpart 5—Enforcement, offences, penalties, and appeal rights
[Expired]Subpart 5: expired, on 31 October 2011, by section 9(1).
Enforcement[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
82 Powers of inspectors and constables in relation to licensed premises or areas
[Expired]Section 82: expired, on 31 October 2011, by section 9(1).
83 Variation, suspension, or cancellation of licence
[Expired]Section 83: expired, on 31 October 2011, by section 9(1).
84 Suspension or cancellation of licence without notice
[Expired]Section 84: expired, on 31 October 2011, by section 9(1).
85 Suspension of licence for public health or fire precaution requirements
[Expired]Section 85: expired, on 31 October 2011, by section 9(1).
Enforcement of manager’s certificate[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
86 Suspension or cancellation of manager’s certificate
[Expired]Section 86: expired, on 31 October 2011, by section 9(1).
Offences and penalties[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
87 Offence of licensee in respect of manager
[Expired]Section 87: expired, on 31 October 2011, by section 9(1).
88 Offences by licensee or manager
[Expired]Section 88: expired, on 31 October 2011, by section 9(1).
89 Offences by persons other than licensee or manager
[Expired]Section 89: expired, on 31 October 2011, by section 9(1).
91 Other provisions applying to offences and penalties under this Part
[Expired]Section 91: expired, on 31 October 2011, by section 9(1).
Amendment to Sale of Liquor Act 1989[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
92 Amendment to Sale of Liquor Act 1989
[Expired]Section 92: expired, on 31 October 2011, by section 9(1).
Infringement offences[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
93 Infringement offences under this Part
[Expired]Section 93: expired, on 31 October 2011, by section 9(1).
Right of appeal on questions of law only[Expired]
Heading: expired, on 31 October 2011, by section 9(1).
Part 6 Miscellaneous
Regulations
95 Regulations
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that prescribe—
(a)
procedural and other requirements for 1 or more administrative secretariats:
(b)
procedures for the purposes of the Authority:
(c)
the content of forms required under this Act:
(d)
the purposes for which a deposit may be authorised under this Act:
(e)
the method for calculating a deposit, including whether the deposit is to provide for the full cost recovery by, or a fair and reasonable contribution to the costs of,—
(i)
the Authority in determining an application:
(ii)
the statutory person or body responsible for monitoring and enforcing the activity or facility to which an application relates:
(iii)
an administrative secretariat, in providing support to the Authority:
(f)
the recovery of any other costs relating to the determination of an application:
(g)
the allocation of any fees paid under another enactment in relation to applications of the kinds provided for in sections 24 and 65:
(h)
the deposit that may be authorised in relation to applications for test approvals or declarations:
(i)
the method by which a deposit must be allocated between the Authority, a statutory person or body in relation to any monitoring and enforcement functions it has, and an administrative secretariat:
(j)
the fee payable in relation to an application for interim injunctive orders under this Act:
(k)
the method for calculating the deposit payable in respect of recommendations of the Authority under section 50, including costs that may be recommended and any minimum deposit that must be imposed:
(l)
the form, contents, colour, and size of print of a Rugby World Cup liquor licence, including the form and other matters required for licences issued in respect of a group of applications:
(m)
any requirements as to the display of a licence and signs required by this Act:
(n)
such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and its due administration.
Service
96 Service of notices and documents
(1)
A notice or other document that must be served on, or given to, a person under this Act must be in writing, may be given electronically or by fax, and is sufficiently served if it is—
(a)
delivered to that person; or
(b)
sent by electronic means to the electronic address supplied; or
(c)
sent by registered mail addressed to that person by name at that place of residence or business in New Zealand; or
(d)
sent in the prescribed manner (if any); or
(e)
if a person has specified an address for service, delivered, left at, or posted to that address.
(2)
If the person is absent from New Zealand, the notice or document may be served on or given to the person’s agent in New Zealand.
(3)
If the person is deceased, the notice or document may be served on or given to the person’s personal representative.
(4)
If a notice or document is to be served on a Minister of the Crown, service on the chief executive of the appropriate department of State is service on the Minister.
(5)
If a notice or document is to be served on a body, whether incorporated or unincorporated, service on an officer of the body or on its registered office is service on the body.
(6)
A notice or document is deemed to have been received as follows:
(a)
if sent electronically, when acknowledged by the recipient, or when an automated delivery receipt (if requested) is received by the sender:
(b)
if sent by fax, when the successful transmission is notified to the sender of the fax:
(c)
if sent by registered mail, the date of the receipt of delivery:
(d)
if delivered, when delivery is effected.
(7)
If a notice or document is required to be served or delivered on or by a particular working day,—
(a)
it must be served or delivered by 4.00 pm on that day; and
(b)
if it is served or delivered after 4.00 pm on that day, it is deemed to have been served or delivered on the next working day.
(8)
This section does not apply to a notice or document served or given in any proceedings in any court.
Consequential amendment
97 Amendment to Official Information Act 1982
(1)
This section amends the Official Information Act 1982.
(2)
Schedule 1 is amended by inserting the following item in its appropriate alphabetical order: “Rugby World Cup Authority”
.
Schedule 1 Further provisions applying to Authority
Part 1 Administrative matters relevant to Authority
1 Functions and powers of deputy chairperson of Authority
The person appointed to be deputy chairperson of the Authority has and may exercise the functions and powers and perform the duties of the chairperson of the Authority if—
(a)
the office of chairperson is vacant; or
(b)
the chairperson is unable, for any reason, to perform the functions and duties and exercise the powers of the chairperson.
2 Term of appointment
(1)
The members of the Authority are appointed until the expiry of the term stated by the Minister in the notice of appointment or until the Authority is dissolved under section 15, whichever is the sooner.
(2)
The Minister may, by notice in writing, remove a member from office at any time for inability to perform the functions of office, legal incapacity, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.
(3)
A member may resign by notice in writing to the Minister.
3 Powers of delegation
(1)
The Authority may delegate to the administrative secretariat any of its powers, duties, and discretions relating to—
(a)
the giving of notice:
(b)
the service of applications and other documents:
(c)
the provision of copies of applications and other documents and the fee charged for copies:
(d)
the persons or classes of persons to be served with copies of an application and other documents:
(e)
whether further information is required in relation to an application:
(f)
the power to require information or expert advice to be provided to the Authority.
(2)
The chairperson may delegate to the deputy chairperson the functions conferred on the chairperson by section 14.
4 Validity of appointments
The appointment of a person as a member, chairperson, or deputy chairperson of the Authority is not invalid because of a defect in the appointment.
5 Validity of member’s acts
Anything done by a person as a member, chairperson, or deputy chairperson is valid—
(a)
despite any defect in the appointment:
(b)
even though the occasion for the person acting or for the appointment had not arisen or had ceased.
6 Remuneration and travelling allowances
The members of the Authority are entitled to receive—
(a)
remuneration determined by the Minister in accordance with the fees framework for members of statutory and other bodies; and
(b)
payment of reimbursing allowances or actual and reasonable expenses incurred in undertaking the functions of the Authority.
7 Members’ liability
A member of the Authority is not liable for anything done or omitted in the performance of the functions of the Authority, if done or omitted in good faith.
8 No entitlement to compensation
A member of the Authority is not entitled to compensation or any other payment or benefit if he or she ceases to hold office as a member of the Authority.
9 Judicial notice
Every court and person acting judicially must take judicial notice of the signature of the chairperson of the Authority or the presiding officer of a panel attached to a document that appears to be made or issued by the Authority.
Part 2 Provisions relating to procedures of Authority
10 Authority to regulate its own procedure
(1)
Subject to this Act, the Authority may regulate its own procedure, having regard to the purpose of the Act as a whole and, as relevant, the purposes specified for particular Parts of the Act.
(2)
The Authority may conduct its proceedings or any part of them by teleconference or by any other means of communication that allows individuals a reasonable opportunity to participate in the proceedings.
11 Powers of Authority to require information or expert assistance
For the purpose of performing its functions under this Act, the Authority may—
(a)
require reports, including reports by persons with the relevant expertise in matters of public health and safety, such as the New Zealand Fire Service, to be provided to it on any matter relevant to a determination before the Authority:
(b)
require such reports to be provided within the time that the Authority directs, having regard to the time within which the Authority must notify any decision under this Act:
(c)
direct persons who have provided such reports to appear as witnesses in any hearing:
(d)
appoint persons with relevant expertise to assist the Authority with its consideration of an application.
12 Waiver and extension of time limits
(1)
If the Authority, in its discretion, considers it necessary for the fair determination of an application, it may, of its own motion or at the request of the person or body who made an application,—
(a)
waive a failure to comply with a time or method specified by or under this Act for any process prescribed by or under this Act:
(b)
extend a time period specified by or under this Act, whether or not the time period has expired.
(2)
Before granting a waiver or extension, the Authority must take into account—
(a)
the matters set out in section 11(2); and
(b)
the interests of any person who, in its opinion, is likely to be directly affected by a waiver or extension.
(3)
The Authority must not grant an extension of time—
(a)
exceeding twice the maximum time period specified by or under this Act; and
(b)
unless there are exceptional circumstances that justify the extension.
(4)
The Authority must ensure that notice of the grant of a waiver or extension is notified to—
(a)
the person who applied for the approval or declaration; and
(b)
the relevant statutory body.
13 Representation at hearing
Any person entitled to be heard may be represented by counsel or by a duly authorised representative.
Schedule 2 Further provisions relating to appeal procedure
1 Notice of appeal
(1)
A person who wishes to exercise a right of appeal to the High Court under this Act must file a notice of appeal with the Registrar of the High Court not later than 5 working days after notice is given of the relevant determination of the Authority.
(2)
At the same time as a notice of appeal is filed under subclause (1), the appellant must serve a copy of the notice, as appropriate, on—
(a)
the Authority, in the case of an appeal under section 48(1) or 94; and
(b)
the Authority and on every person who had a right to be heard by the Authority under section 32(2) and who exercised that right, in the case of an appeal under section 48(2)(a) or (b); and
(c)
the Authority, the statutory person or body that applied for the order, the person against whom the order is made, and any other party to the proceedings before the Authority, in the case of an appeal under section 48(2)(c) or 58(2).
(3)
Every notice of appeal must specify—
(a)
the determination or part of the determination that is appealed against; and
(b)
the error of law alleged by the appellant; and
(c)
the question of law to be resolved; and
(d)
the grounds of appeal; and
(e)
the relief sought.
(4)
As soon as is reasonably practicable after receiving notice of an appeal, the Authority must provide to the Registrar of the High Court a copy of the whole of the determination appealed against.
2 Right to appear and be heard on appeal
(1)
The persons who are served with a notice of appeal under clause 1(2) may appear and be heard in relation to that appeal.
(2)
Not later than 5 working days after being served with a notice of appeal, any person wishing to appear and be heard on the appeal must serve notice of that intention to—
(a)
the appellant; and
(b)
the Registrar of the High Court; and
(c)
the Authority.
(3)
Any person entitled to be heard may be represented by counsel.
3 Parties to appeal
(1)
The parties to an appeal to the High Court are the appellant and the person or bodies who have given notice under clause 2(2).
(2)
The Registrar of the High Court must ensure that the parties to an appeal are served with—
(a)
every document relating to the appeal that is filed in the High Court; and
(b)
notice of the date set down for hearing the appeal.
4 Orders of High Court
(1)
The High Court may, on application by a party or of its own motion, make orders directing the Authority to lodge with the Registrar of the High Court—
(a)
anything in the possession of the Authority relevant to the appeal:
(b)
any report on a specified matter that records findings of fact by the Authority that are not set out in its determination:
(c)
any report in respect of a specified matter setting out, as far as is reasonably practicable, the reasons or considerations of the Authority that are not set out in its determination.
(2)
Application for orders under this clause must be made—
(a)
in the case of the appellant, not later than 10 working days after the date on which the notice of appeal is filed; or
(b)
in the case of any other party to the appeal, not later than 10 working days after the notice of appeal was served on that party.
(3)
The High Court may make an order under this clause—
(a)
only if it is satisfied that it is not otherwise able to make a proper determination of a point of law; and
(b)
subject to the conditions that the High Court thinks fit.
5 Additional appeals on questions of law
(1)
Any party to an appeal filed under clause 1, other than the appellant, may file a notice with the Registrar of the High Court that the determination of the Authority is in error on questions of law other than those raised in the appellant’s notice of appeal.
(2)
A notice must be—
(a)
filed not later than 10 working days after the date of service of the notice of appeal under clause 1(2); and
(b)
served on the other parties to the appeal in accordance with clause 1(1) and (3).
6 Dismissal of appeal
The High Court may dismiss an appeal if the appellant does not—
(a)
appear at the hearing of the appeal; or
(b)
proceed with the appeal with due diligence and another party applies to the Court to dismiss the appeal.
7 Extension of time
The High Court may, on the application of any party to an appeal, extend any period of time prescribed in this schedule or by the High Court Rules, provided that the time period as extended does not exceed twice the maximum time period so prescribed.
8 Appeal to be set down for hearing
The Registrar of the High Court must set the appeal down for hearing as soon as practicable after the appellant has notified the Registrar that—
(a)
the notice of appeal has been served on all parties; and
(b)
either no application has been filed under clause 4(2) or any application has been dealt with; and
(c)
the appeal is ready for hearing.
9 Further right of appeal
(1)
No appeal may be made to the Court of Appeal from a determination of the High Court under this Act.
(2)
However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court, and for this purpose sections 12 to 14 of the Supreme Court Act 2003 apply with any necessary modifications.
(3)
If leave is declined by the Supreme Court because exceptional circumstances have not been established under section 14 of the Supreme Court Act 2003, that court may remit the proposed appeal to the Court of Appeal if the Supreme Court considers that a further appeal from the determination of the High Court is justified.
(4)
Any determination of the Court of Appeal under subclause (3) is final.
(5)
Despite any enactment to the contrary,—
(a)
an application for leave for the purposes of subclause (2) must be filed no later than 10 working days after the determination of the High Court; and
(b)
the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave or an appeal under this section as a matter of priority and urgency.
Reprints notes
1 General
This is a reprint of the Rugby World Cup 2011 (Empowering) Act 2010 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Statutes Repeal Act 2017 (2017 No 23): section 3(1)
Land Transport Management Amendment Act 2013 (2013 No 35): section 72
Criminal Procedure Act 2011 (2011 No 81): section 413
Rugby World Cup 2011 (Empowering) Act 2010 (2010 No 123): section 9