Appropriation (2019/20 Confirmation and Validation) Act 2021: repealed, on 14 September 2021, by section 10 of the Appropriation (2021/22 Estimates) Act 2021 (2021 No 34).

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 Treasury.

1	Title
2	Commencement
3	Purpose
4	Interpretation
5	Confirmation of Order in Council directing transfer of amounts between output expense appropriations
6	Confirmation of expenses incurred in excess of existing appropriation and approved by Minister of Finance
7	Validation of unappropriated expenses and capital expenditure for 2019/20 financial year
8	Validation of unauthorised capital injection for 2019/20 financial year
9	Validation of unappropriated expenses incurred by Ministry for the Environment for 2015/16 to 2018/19 financial years
10	Validation of unappropriated expenses incurred by Ministry of Education for 2015/16 to 2018/19 financial years
11	Validation of unappropriated capital expenditure incurred by Ministry of Foreign Affairs and Trade for 2015/16 to 2018/19 financial years
	Schedule 1 Confirmation of expenses incurred in excess, but within scope, of existing appropriation for 2019/20 financial year with approval of Minister of Finance
	Schedule 2 Validation of expenses incurred in excess, but within scope, of existing appropriations and with authority of Imprest Supply Act for 2019/20 financial year
	Schedule 3 Validation of expenses incurred in excess, but within scope, of existing appropriations and without authority of Imprest Supply Act for 2019/20 financial year
	Schedule 4 Validation of expenses and capital expenditure incurred not within scope of existing appropriations and without authority of Imprest Supply Act for 2019/20 financial year
	Schedule 5 Validation of expenses incurred in advance of appropriation and without authority of Imprest Supply Act for 2019/20 financial year
	Reprint notes

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Appropriation (2019/20 Confirmation and Validation) Act 2021.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purpose

The purpose of this Act is to—

(a)

confirm and validate matters relating to the 2019/20 financial year; and

(b)

validate matters relating to the 2015/16, 2016/17, 2017/18, and 2018/19 financial years.

4 Interpretation

(1)

In this Act,—

2015/16 financial year means the financial year ending with 30 June 2016

2016/17 financial year means the financial year ending with 30 June 2017

2017/18 financial year means the financial year ending with 30 June 2018

2018/19 financial year means the financial year ending with 30 June 2019

2019/20 financial year means the financial year ending with 30 June 2020.

(2)

Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989 have, in this Act, the same meanings as in the Public Finance Act 1989.

5 Confirmation of Order in Council directing transfer of amounts between output expense appropriations

The Public Finance (Transfers Between Outputs) Order 2020 is confirmed.

6 Confirmation of expenses incurred in excess of existing appropriation and approved by Minister of Finance

(1)

The incurring of expenses approved by the Minister of Finance under section 26B of the Public Finance Act 1989 for the 2019/20 financial year and described in subsections (2) and (3) is confirmed.

(2)

The expenses are the expenses incurred in excess, but within the scope, of the existing appropriation set out in column 3 of Schedule 1.

(3)

The amount of the approved expenses is shown in column 4 of Schedule 1 alongside the existing appropriation for which the approval was given.

7 Validation of unappropriated expenses and capital expenditure for 2019/20 financial year

(1)

The incurring of expenses or capital expenditure by a department in the circumstances set out in subsection (2), (3), (4), or (5) is validated for the purposes of section 26C of the Public Finance Act 1989.

(2)

The circumstances in this subsection are that,—

(a)

for the 2019/20 financial year, the department incurred expenses in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 2 alongside that department; and

(b)

the expenses referred to in paragraph (a) were incurred under the authority of an Imprest Supply Act.

(3)

The circumstances in this subsection are that,—

(a)

for the 2019/20 financial year, the department incurred expenses in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 3 alongside that department; and

(b)

the expenses referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.

(4)

The circumstances in this subsection are that,—

(a)

for the 2019/20 financial year, the department incurred expenses or capital expenditure, not within the scope of any existing appropriation, against the categories of expenses or capital expenditure set out in column 3 of Schedule 4 alongside that department; and

(b)

the expenses or capital expenditure referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.

(5)

The circumstances in this subsection are that,—

(a)

for the 2019/20 financial year, the department incurred expenses in advance of the appropriations set out in column 3 of Schedule 5 alongside that department; and

(b)

the expenses referred to in paragraph (a) were not incurred under the authority of an Imprest Supply Act.

(6)

In this section,—

capital expenditure means the amount of capital expenditure set out in column 4 of Schedule 4 alongside the relevant department

department means a department specified in column 1 of, as appropriate, Schedule 2, 3, 4, or 5

expenses means the amount of expenses set out in column 4 of, as appropriate, Schedule 2, 3, 4, or 5 alongside the relevant department.

8 Validation of unauthorised capital injection for 2019/20 financial year

(1)

The making of the capital injection set out in subsection (2) is validated for the purposes of section 26CA of the Public Finance Act 1989.

(2)

The capital injection is the capital injection of $139,000 that—

(a)

was made to the New Zealand Customs Service in the 2019/20 financial year; and

(b)

was made without authority under an Appropriation Act; and

(c)

was not made under the authority of an Imprest Supply Act.

9 Validation of unappropriated expenses incurred by Ministry for the Environment for 2015/16 to 2018/19 financial years

(1)

The incurring of expenses by the Ministry for the Environment for Vote Environment in the circumstances set out in subsection (2) is validated.

(2)

The circumstances are that—

(a)

the amount of the expenses is,—

(i)

for the 2015/16 financial year, $14,000:

(ii)

for the 2016/17 financial year, $14,000:

(iii)

for the 2017/18 financial year, $51,000:

(iv)

for the 2018/19 financial year, $1,707,000; and

(b)

the expenses were incurred in paying part of a Waste Disposal Levy to territorial local authorities other than in accordance with the statutory eligibility requirements; and

(c)

the expenses—

(i)

were not within the scope of any existing appropriation; and

(ii)

were not incurred under the authority of an Imprest Supply Act.

10 Validation of unappropriated expenses incurred by Ministry of Education for 2015/16 to 2018/19 financial years

(1)

The incurring of expenses by the Ministry of Education for Vote Tertiary Education in the circumstances set out in subsection (2) is validated.

(2)

The circumstances are that—

(a)

the amount of the expenses is,—

(i)

for the 2015/16 financial year, $9,000:

(ii)

for the 2016/17 financial year, $908,000:

(iii)

for the 2017/18 financial year, $3,214,000:

(iv)

for the 2018/19 financial year, $816,000; and

(b)

the expenses were incurred in making payments from the Export Education Levy Fund relating to international students following the collapse of private training establishments; and

(c)

the expenses—

(i)

were not within the scope of any existing appropriation; and

(ii)

were not incurred under the authority of an Imprest Supply Act.

11 Validation of unappropriated capital expenditure incurred by Ministry of Foreign Affairs and Trade for 2015/16 to 2018/19 financial years

(1)

The incurring of capital expenditure by the Ministry of Foreign Affairs and Trade for Vote Foreign Affairs and Trade in the circumstances set out in subsection (2) is validated.

(2)

The circumstances are that—

(a)

the amount of the capital expenditure is,—

(i)

for the 2015/16 financial year, $4,000:

(ii)

for the 2016/17 financial year, $12,000:

(iii)

for the 2017/18 financial year, $1,000:

(iv)

for the 2018/19 financial year, $12,000; and

(b)

the capital expenditure was incurred in providing recoverable financial assistance to New Zealanders in distress overseas; and

(c)

the capital expenditure—

(i)

was not within the scope of any existing appropriation; and

(ii)

was not incurred under the authority of an Imprest Supply Act.

Schedule 1 Confirmation of expenses incurred in excess, but within scope, of existing appropriation for 2019/20 financial year with approval of Minister of Finance

s 6

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Appropriation	Amount $(000)

Crown Law Office	Attorney-General	Departmental Output Expenses
Crown Law Office		Legal Advice and Representation	449

Schedule 2 Validation of expenses incurred in excess, but within scope, of existing appropriations and with authority of Imprest Supply Act for 2019/20 financial year

s 7

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Appropriation	Amount $(000)

Conservation, Department of	Conservation	Non-Departmental Other Expenses
		Payment of Rates on Properties for Concessionaires	32

Inland Revenue Department	Revenue	Non-Departmental Other Expenses
		Initial Fair Value Write-Down Relating to Student Loans	15,118

Schedule 3 Validation of expenses incurred in excess, but within scope, of existing appropriations and without authority of Imprest Supply Act for 2019/20 financial year

s 7

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Appropriation	Amount $(000)

Business, Innovation and Employment, Ministry of	Building and Construction	Multi-Category
	Building and Construction	Policy Advice and Related Outputs	558

Conservation, Department of	Conservation	Departmental Output Expenses
		Management of Historic Heritage	344

		Non-Departmental Other Expenses
		Payment to Facilitate the Transfer of Assets as Part of a Treaty of Waitangi Settlement	2,000

Culture and Heritage, Ministry for	Arts, Culture and Heritage	Non-Departmental Other Expenses
		Depreciation on Crown Owned Assets	2,275
		Development and Maintenance of War Graves, Historic Graves and Monuments	6,713

Environment, Ministry for the	Environment	Non-Departmental Other Expenses
Environment, Ministry for the		Environmental Legal Assistance	158

Inland Revenue Department	Revenue	Benefits or Related Expenses
Inland Revenue Department		Paid Parental Leave Payments	5,146

		Non-Departmental Other Expenses
		Impairment of Debt and Debt Write-Offs	676,751

Justice, Ministry of	Justice	Non-Departmental Other Expenses
		Impairment of Legal Aid Debt	2,510

New Zealand Defence Force	Defence Force	Benefits or Related Expenses
New Zealand Defence Force		Assessments, Treatment and Rehabilitation	136
		Veterans Support Entitlement	1,523

Prime Minister and Cabinet, Department of the	Prime Minister and Cabinet	Non-Departmental Other Expenses
Prime Minister and Cabinet, Department of the		COVID-19: Civil Defence Emergency Management Group Welfare Costs	3,794

Schedule 4 Validation of expenses and capital expenditure incurred not within scope of existing appropriations and without authority of Imprest Supply Act for 2019/20 financial year

s 7

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Category of expenses or capital expenditure	Amount $(000)

Business, Innovation and Employment, Ministry of	Business, Science and Innovation	Non-Departmental Output Expenses
Business, Innovation and Employment, Ministry of	Business, Science and Innovation	Promotion of New Zealand within the domestic tourism market, using an appropriation limited to overseas markets	2,043

Culture and Heritage, Ministry for	Arts, Culture and Heritage	Multi-Category
Culture and Heritage, Ministry for	Arts, Culture and Heritage	COVID-19: Media Sector Response and Recovery	121

Defence, Ministry of	Defence	Non-Departmental Other Expenses
		Expenses incurred on capital infrastructure projects	1,354

Environment, Ministry for the	Environment	Non-Departmental Other Expenses
		Waste Disposal Levy Disbursements to Territorial Local Authorities	1,347

Foreign Affairs and Trade, Ministry of	Foreign Affairs and Trade	Non-Departmental Capital Expenditure
		Consular Loans	2,179

Housing and Urban Development, Ministry of	Housing and Urban Development	Non-Departmental Capital Expenditure
Housing and Urban Development, Ministry of		Deferred settlement terms constituting lending	14,843

Prime Minister and Cabinet, Department of the	Prime Minister and Cabinet	Non-Departmental Output Expenses
Prime Minister and Cabinet, Department of the		Publicity campaign: “Unite against COVID-19”	18,000

Schedule 5 Validation of expenses incurred in advance of appropriation and without authority of Imprest Supply Act for 2019/20 financial year

s 7

Column 1	Column 2	Column 3	Column 4
Administering department	Vote	Appropriation	Amount $(000)

Business, Innovation and Employment, Ministry of	Business, Science and Innovation	Non-Departmental Output Expenses
Business, Innovation and Employment, Ministry of		Energy and Resources: Oil Field Decommissioning	151,841
		Science and Innovation: Repayable Grants for Start-Ups	669

Corrections, Department of	Corrections	Departmental Other Expenses
Corrections, Department of		Transfer of Auckland Prison Wastewater Assets	9,077

Reprints notes

1 General

This is a reprint of the Appropriation (2019/20 Confirmation and Validation) Act 2021 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

Appropriation (2021/22 Estimates) Act 2021 (2021 No 34): section 10

Appropriation (2019/20 Confirmation and Validation) Act 2021