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Omnibus bill changes lawyer fee provisions

25 May 2017

Associate Justice Minister Mark Mitchell has introduced the Statutes Amendment Bill (No 2) to Parliament.

The bill consists entirely of amendments to 29 Acts, making it an Omnibus Bill which can be introduced pursuant to Standing Order 262(1)(f).

A number of the amendments relate to lawyers for the child and assisting the court. The changes will allow them to submit invoices for fees and expenses to any Registrar of the appropriate court and there is clarification that the Registrar processing the invoice may decide to adjust the amount. Invoices will no longer need to be received and processed in the court in which the proceedings

Amendments are made to the following Acts:

Animal Welfare Act 1999 (provisions relating to inspection of live-capture traps),

Biosecurity Act 1993 (provisions relating to specified, uncleared and unauthorised goods),

Care of Children Act 2004 (provision to allow lawyer for child or to assist court to submit invoice for fees and expenses to any Registrar),

Child Support Act 1991 (provision to allow lawyer for child or to assist court to submit invoice for fees and expenses to any Registrar),

Children, Young Persons, and Their Families Act 1989 (provision to allow lawyer for child or young person or to assist court to submit invoice for fees and expenses to any Registrar),

Companies Act 1993 (expands list of penalties that can be recovered from companies in liquidation),

Coroners Act 2006 (clarification that "coroner" includes the deputy chief coroner and provision for determination of remuneration of deputy chief coroner),

Credit Contracts and Consumer Finance Act 2003 (clarification of application of Part 2 disclosure standards),

Crown Proceedings Act 1950 (section 21 - dealing with recognisances - repealed, updates departmental reporting requirements and replaces section 30),

District Court Act 2016 (gives Community Magistrates and Justices of the Peace the same powers as Judges to deal with contempt in the course of proceedings before them),

Domestic Violence Act 1995 (provision to allow lawyer for child or to assist court to submit invoice for fees and expenses to any Registrar),

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (amends transitional provision in section 164A relating to permits issued under Maritime Transport Act 1994),

Family Proceedings Act 1980 (provision to allow lawyer for child or to assist court to submit invoice for fees and expenses to any Registar),

Films, Videos, and Publications Classification Act 1993 (clarification of issuance of search warrant),

Fisheries Act 1996 (amendment to terms relating to forfeiture of quota),

Government Superannuation Fund Act 1956 (heading to section 95A amended),

Housing Corporation Act 1974 (removes redundant definition from section 2),

International Finance Agreements Amendment Act 1966 (amends sections 3 and 4),

Justices of the Peace Act 1957 (allows Secretary for Justice to authorise a JP with less than 10 years of experience to use the designation "JP (retired)" if appropriate in the circumstances),

Parole Act 2002 (includes definition of interim supervision order in section 4 and adds a new offence to section 107T of breaching an interim supervision order),

Plumbers, Gasfitters, and Drainlayers Act 2006 (makes it clear that the Board may set a fee for its costs associated with notification of the supervision of persons doing specified work),

Policing Act 2008 (changes the requirements in section 41 relating to unclaimed property, making it no longer a requirement that it be sold at auction),

Protection of Personal and Property Rights Act 1988 (provision to allow lawyer appointed by court to submit invoice for fees and expenses to any Registrar),

Public Finance Act 1989 (amends several sections relating to names in supporting information for main Appropriation Bill, power to direct transfers between appropriations, required contents for departmental agency's annual report, and Reserves Boards),

Public Records Act 2005 (effects change in name from Archives New Zealand to National Archives of New Zealand, adds new forms to list of names protected from use by others and amends the Copyright Act 1994),

Real Estate Agents Act 2008 (updates wording to reflect Auctioneers Act 2013 and exempts holder of branch manager's or salesperson's licence who conducts auction from requirement to be registered as auctioneer under 2013 Act, and amends section 36ZF(4) Fair Trading Act 1986),

State-Owned Enterprises Act 1986 (inserts new section 16A requiring boards of all SOEs to publish various statements on websites),

Te Rarawa Claims Settlement Act 2015 (corrects error in sections 143 and 144),

Weights and Measures Act 1987 (amends section 40 to give powers of disposal of articles seized to chief executive of department responsible for administration of the Act).

Last updated on the 16th September 2019