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Request for submissions and explanatory material

PDF version of request for submissions and explanatory material (1.1MB)

Contents

Request for submissions »
Introduction »
Part 1—The revision process »
Part 2—The exposure draft Bill »
Part 3—Nature of drafting changes »
Part 4—Issues noted for possible future reform »

Request for submissions

The Parliamentary Counsel Office (PCO) is seeking submissions on the exposure draft of the Land Valuation Proceedings Bill.

This explanatory material contains some general questions and the Bill itself raises more specific questions. We welcome any comments about the Bill.

Your comments will help prepare the Bill for introduction to Parliament. Please provide comments by 5 pm, Friday 28 February 2020.

How to send us your submission

Please email your feedback to: contact@pco.govt.nz.

Publishing comments

We intend to put your submissions on our website (www.pco.govt.nz). If your submission contains information that is confidential or you don’t want us to publish it, please say so.

Submissions can be requested under the Official Information Act 1982. Please let us know if you have any objection to us releasing your submission.

Under the Privacy Act 1993, personal information you supply to us in the course of making a submission will only be used to help us prepare the revision Bill.

Disclaimer

The opinions and options contained in this document and the exposure draft of the Land Valuation Proceedings Bill are for consultation only and do not reflect final Government policy. Please seek specific legal advice from a qualified professional person before undertaking any action based on the contents of this document. The contents of this document and the Bill must not be construed as legal advice.

The Government does not accept any responsibility or liability whatsoever for an action taken as a result of reading, or for reliance placed because of having read, all or any part of the information contained in this document or the Bill, or for any error, inadequacy, deficiency, or flaw in, or omission from, this document or the Bill.

Introduction

Revision Bills

In late 2017, the Government approved a revision programme under the Legislation Act 2012 for the 52nd Parliament. This Bill is the third revision bill to be prepared under the revision powers in that Act. Their purpose is to revise Acts to make them more accessible, readable, and easier to understand.

PCO is leading the work on this Bill in conjunction with Land Information New Zealand and the Ministry of Justice (the administering agency).

A revision bill does not make policy changes. Revision can change the form of the legislation but not its substantive legal effect. However, section 31(2A)(a) makes it clear that a revision bill may “make minor amendments to clarify Parliament’s intent, to resolve ambiguity, or to reconcile inconsistencies between provisions”.

The Land Valuation Proceedings Bill revises the Land Valuation Proceedings Act 1948. This Act is old and expressed in language that is out of date. Revising this Act in a modern form will make it more accessible and help to reduce regulatory costs.

Explanatory information

This explanatory material has 4 Parts.

Part 1 describes the revision process.

Part 2 provides context for some of the changes being made in this Bill. It also contains particular questions to consider in your submission.

Part 3 shows where each provision of the 1948 Act can be found in the Bill. The table also provides a summary of the nature of any change that has been made in each case.

A small number of provisions have minor changes to legal effect (see below for further information).

Part 4 alerts you to matters that we know may require reform or amendment, but that fall outside the scope of the revision powers. Although we are not asking for comments on these issues now, this revision process presented an opportunity to identify and record them. However, our list is not exhaustive and we do invite comment on other issues in the Act that may need reform. 

Part 1—The revision process

The Legislation Act 2012 introduced a mechanism for systematically revising the presentation of some New Zealand Acts to make them more accessible. After these Acts have been revised, they will be introduced into Parliament for re-enactment as revision bills.

Subpart 3 of Part 2 of the Legislation Act 2012 sets out the revision powers that can be applied and the revision process. A revision programme is presented to Parliament at the start of each new parliamentary term. Each revision programme lists the Acts that may be revised during the 3-year period.

1.1     Revision: purpose and powers

Revision allows us to update selected New Zealand Acts to make them more accessible, readable, and easier to understand. Revision can change the form of the legislation but not its substantive legal effect.

The revision powers are set out in section 31(2) and (2A) of the Legislation Act 2012. Revision bills may be used to:
  • combine or divide Acts or parts of Acts
  • create a new Title
  • omit redundant and spent provisions
  • renumber and rearrange provisions
  • update the drafting style and format, and generally express better the spirit and meaning of the law
  • include new purpose or overview provisions and examples, diagrams, and other devices to aid accessibility and readability
  • correct typographical, punctuation, and grammatical errors.

A revision bill does not contain policy changes because it can only make minor changes to the effect of the law as allowed under section 31(2A) of the Legislation Act 2012. That section allows a revision bill to:

  • make minor amendments to clarify Parliament’s intent, to resolve ambiguity, or to reconcile inconsistencies between provisions
  • update monetary amounts for Consumers Price Index changes (other than jurisdiction amounts, or offences or penalties) or provide for amounts to be set by an Order in Council
  • make minor amendments to update how provisions can be complied with, or operate, in a way that takes account of changes in technology if those amendments are consistent with the spirit and meaning of the law
  • for the purpose of enabling matters of general principle to be contained in Acts and matters of detail to be contained in secondary legislation,—
    • omit forms, schedules, or other matters of detail from the Acts or parts of Acts revised, and instead authorise those matters to be prescribed by or under Orders in Council:
    • include matters currently prescribed by Order in Council made under the Acts or parts of Acts revised:
    • make any other change that is necessary for the purpose of implementing this power or that is consequential on doing so.

1.2     Revision programme and consultation

The PCO is responsible for preparing revision programmes in consultation with the government departments that administer, or have a key policy interest in, the legislation.

1.3     Current revision programme

The revision programme for 2018‒2020 was presented to the House of Representatives on 4 April 2018.

1.4     Next steps

When the consultation period has closed and submissions have been analysed, the Bill will be finalised for presentation to the revision bill certifiers under section 33 of the Legislation Act 2012.

The certifiers are:
  • the President of the Law Commission
  • the Solicitor-General
  • a retired High Court Judge
  • the Chief Parliamentary Counsel.

The certifiers must be satisfied that:

  • the revision powers set out in section 31 of the Legislation Act 2012 have been exercised appropriately; and
  • the revision bill does not change the effect of the law except as authorised by section  31(2A) of the Act.

The certifiers may require the Bill to be changed before certifying it for the Attorney-General as ready for introduction into Parliament. The Bill is expected to be introduced in 2020.

There is a streamlined parliamentary process for revision bills because they do not contain any element of new policy and they do not make substantive changes to the law. The process is set out in Standing Order 271 of the Standing Orders of the House of Representatives.

Part 2—The exposure draft Bill

2.1     Purpose of an exposure draft

We are releasing this exposure draft Bill for public consultation to get feedback on:

  • the specific drafting changes we have made; and
  • whether we have made any inadvertent changes to the law.

We have made both structural and textual amendments to most of the provisions to align them with best practice in modern drafting and the PCO’s Plain Language Standard. We have modernised the language wherever we think it does not risk changing the law. Lengthy clauses have been broken up to help with readability.

The Bill itself contains notes to explain why a particular approach has been taken, or why a particular change has not been made. We are asking for feedback on any of the provisions in the Bill and, particularly, on those that have notes.

2.2     The Land Valuation Tribunal

In the Bill, the terminology relating to the Land Valuation Tribunal (the tribunal) is quite specific and intentional:

  • the members refers to all 3 of the members of the tribunal (the Judge, valuer, and third person)
  • a member refers to any one of the members of the tribunal. Both acting members and deputies can be appointed for members. We think that references to acting members and deputies are unnecessary because they are captured by the reference to a member
  • chairperson or Judge both refer to the same person
  • other members or non-judicial members refer to the other 2 members without the Judge
  • a tribunal refers to any 1 or more of the tribunals constituted under the Bill (or the 1948 Act)
  • the tribunal refers to a particular tribunal once proceedings have been referred to it (see also our comments under section 7 in the Bill).

2.3     Minor changes to legal effect

Section 31(2B) of the Legislation Act 2012 states that:

“[a] revision Bill must not change the effect of the law, except as authorised by subsection (2A)”.

Subsection (2A)(a) allows minor amendments to be made to clarify Parliament’s intent, to resolve ambiguity, or to reconcile inconsistencies between provisions. Subsection (2A)(b) allows certain monetary amounts to be updated.

Minor amendments are permitted under subsection (2A)(c) to update provisions to account for changes in technology if those amendments are consistent with the spirit and meaning of the law.

To ensure the correct division of matters between Acts and secondary legislation, subsection (2A)(d) permits:

  • forms, schedules, or other matters of detail to be omitted from the Acts or parts of Acts revised, and instead authorise those matters to be prescribed by Order in Council
  • matters to be included that are currently prescribed by Order in Council made under the Acts or parts of Acts being revised
  • other changes that are necessary to implement this power or that result from those changes.

PCO, Land Information New Zealand, and the Ministry of Justice consider that 2 provisions in this Bill make amendments that fall within section 31(2A)(a). We have identified them with notes in the Bill and included them in Part 3 of this explanatory material. The minor amendments relate to clause 28 and clause 45 and are described in Schedule 4 of the Bill. Subsection (2A)(b) to (d) are not relevant to this Bill.

Question 1

Do the changes made in those provisions amount only to “minor amendments to clarify Parliament’s intent, to resolve ambiguity, or to reconcile inconsistencies between provisions” within the meaning of section 31(2A)(a)?

Question 2

If the Bill does make “minor amendments” to the effect of the law, is there any reason why the amendments should not be made?

Question 3

Are there any other “minor amendments” within the meaning of section 31(2A) of the Legislation Act 2012 that should be made? If so, please provide a detailed explanation of any proposed amendment and why it is justified.

Question 4

Do you think we have made any “minor amendments” in the Bill that inadvertently change the law that we have not identified? The changes we are aware of are listed in Schedule 4 of the Bill.

Question 5

Are there any other changes that could be made to improve the Bill as a revision bill? Proposed changes must fall within the powers contained in section 31(2) or (2A) of the Legislation Act 2012, such as changes to language, format, or punctuation.

2.4     Transitional and savings

The Bill will repeal, and replace, the existing Land Valuation Proceedings Act. This will not affect the validity or effect of anything that had already happened or the bringing or completion of proceedings that relate to an existing right, interest, or duty (see sections 17 to 22 of the Interpretation Act 1999).

This approach is conventional and also a low-risk one that has the advantage of continuity:

  • tribunals established under the 1948 Act continue as if they had been established under the new Act; and
  • any proceedings underway at the commencement of the new Act are completed under the new Act; and
  • additional members appointed under the 1948 Act continue in office for the balance of the term for which they were appointed under that Act.

The provisions dealing with these transitional and savings arrangements are in Schedule 1 of the Bill.

Question 6

Do you agree with our treatment of section 28(1) of the 1948 Act in clause 1 and clause 4 of Schedule 1?

2.5     Other questions

Question 7

Are there other issues in the Land Valuation Proceedings Act 1948 that may need reform that we have not identified in Part 4 of the explanatory material?

Question 8

Do you have any other comments about the Bill?

Part 3—Nature of drafting changes

This Part records where the provisions of each Act can be found in the Bill and the general nature of the drafting change that has been made in each case.

The provisions with minor amendments to legal effect are also identified (see above for further information).

New provisionTitle of new provisionOld provisionGeneral nature of change
1 Title 1 Year updated.
Revision power: section 31(2)(b)
2 Commencement n/a 12 months after the date of Royal assent.
Commencement 12 months after Royal assent provides time for consequential amendments to be made to the Land Valuation Tribunals Rules 1977.
3 Purpose of this Act Long Title It is a standard requirement in current drafting practice to remove a Long Title and replace it with a purpose statement.
Revision power: section 31(2)(f)
4 Revision Act n/a It is a standard requirement in a revision bill.
Revision power: section 35
5 Overview n/a It is a standard requirement in current drafting practice.
Revision power: section 31(2)(f)
6 Transitional, savings, and related provisions n/a It is a standard requirement in current drafting practice.
Revision power: section 31(2)(m)
7 Interpretation 2 We have restructured some definitions to reflect our Plain Language Policy and update cross-references.
district valuation roll: definition added as used in section 14(4) of the 1948 Act and clause 13(1)(b) of Schedule 2 of the Bill.
Minister: definition added as a standard requirement in current drafting practice.
Registrar: definition omitted as clause references now refer to appropriate court in each case.
Revision power: section 31(2)(e)
8 Status of examples n/a It is a standard requirement in current drafting practice.
Revision power: section 31(2)(f)
9 Section 39 binds the Crown 37A(2) Carries over existing relationship with the Crown.
10 Tribunal’s jurisdiction provided by enactment References in Part 2 We’ve replaced references to various jurisdictions under specific Acts or by Order in Council with a general jurisdiction statement that a tribunal has jurisdiction under any Act or Order in Council.
We have included examples that show how a tribunal can determine compensation under the Public Works Act 1981 and how a tribunal could be required to decide a compensation claim under an Order In Council issued under clause 2 of Schedule 2 of the new Act.
Revision power: section 31(2)(e) and (f)
11 Tribunal’s jurisdiction provided by agreement 33(2), (3), and (5) The Act refers to any “Act, regulation, contract, agreement, or other document”. We have condensed the terminology as follows:
  • Acts and regulations are now an “enactment” (see section 29 of the Interpretation Act 1999)
  • contract, agreement, or other document are now a “document”.
Revision power: section 31(2)(e)
In the note in the Bill we have asked for your feedback on our use of “document”. Do you consider that the word “document” in the 1948 Act is coloured by the words proceeding it ‒ a document means “a document in which the parties agree to the jurisdiction of the Tribunal”?
In subsections (1) and (2), we have kept the phrase “relating to”. A plain language option is “about”. Do you consider this to be a suitable alternative? Or could this unduly limit the scope of issues that a tribunal may consider?
12 Tribunal’s general jurisdiction 37 To aid clarity and improve readability in this section we have made minor changes in splitting 2 long subsections and a proviso into 4 subclauses.
Revision power: section 31(2)(e)
In the note in the Bill, we have asked whether you agree with our change to subsection (2). The 1948 Act uses the phrase “just and equitable”. We still use this phrase in legislation, but we consider that “just”, alone, captures the intention here with no change in meaning.
13 Tribunal treated as commission of inquiry 19(14) Section 19 of the 1948 Act was divided into 15 subclauses. In the Bill, we have broken up the provisions into separate sections to aid clarity and improve readability. See also sections 14, 15, and 25, and clauses 1, 3, 4, 5, 6, 7, 8, 9, and 15 in Schedule 2.
Revision power: section 31(2)(d)
We have made changes to the language in this section to reflect current drafting style and PCO’s Plain Language Standard. Changes include:
  • replacing “shall” with “must”
  • updating “deemed to be” with “must be treated as”.
In the note in the Bill we explain why we have retained a reference to the Commissions of Inquiry Act 1908 when it has been replaced by the Inquiries Act 2013. The 1908 Act has not been repealed and section 38 of that Act still applies to tribunals. A review of the application of the 1908 Act is due to be carried out under section 36 of the 2013 Act.
Revision power: section 31(2)(e)
14 Tribunal procedure 19(15) and 33(4) Section 19 of the 1948 Act was divided into 15 subclauses. In the Bill, we have broken up the provisions into separate sections to aid clarity and improve readability. See also sections 13, 15, and 25, and clauses 1, 3, 4, 5, 6, 7, 8, 9, and 15 in Schedule 2.
Revision power: section 31(2)(d)
In the note in the Bill we explain that we have simplified the procedure for the Governor-General to make regulations (not rules or regulations) under section 45. This is included as a minor amendment in Schedule 4 of the Bill.
Revision power: section 31(2A)(a)
15(1) Tribunal’s powers 19(6) Section 19 of the 1948 Act was divided into 15 subclauses. In the Bill, we have broken up the provisions into separate sections to aid clarity and improve readability. See also sections 13, 14, and 25, and clauses 1, 3, 4, 5, 6, 7, 8, 9, and 15 in Schedule 2.
Revision power: section 31(2)(d)We have updated the language in this subsection for consistency with the Senior Courts Act 2016. The changes include:
  • removing “shall”
  • removing “quorum”
  • changing “chairman” to “chairperson”
  • removing the unnecessary reference to a deputy chairman (see section 14 of the Interpretation Act 1999).
Revision power: section 31(2)(e)
15(2)   19(8) Section 19 of the 1948 Act was divided into 15 subclauses. In the Bill, we have broken up the provisions into separate sections to aid clarity and improve readability. See also sections 13, 14, and 25, and clauses 1, 3, 4, 5, 6, 7, 8, 9, and 15 in Schedule 2.
Revision power: section 31(2)(d)
We have updated the language in this subsection. The changes include:
  • replacing “notwithstanding” with “however”
  • changing “chairman” to “chairperson”
  • keeping references to the “chairperson” consistent (ie, replacing references to the District Court Judge with chairperson as appropriate)
  • removing unnecessary words (eg: “in issue”)
  • keeping references to the “matter” consistent (eg: replacing “proceedings” with “matter” in paragraph (e)).
Revision power: section 31(2)(e)
16 Tribunal may refer questions of law to Court 26(4A) Section 26 of the 1948 Act was divided into 7 subsections. In the Bill, we have broken up the provision into separate sections to aid clarity and improve readability. See also sections 28, 29, 30, and 38.
Revision power: section 31(2)(d)
We have updated the language in this section by replacing “of its own motion” with “on its own initiative”.
Revision power: section 31(2)(e)
17 Filing of proceedings 21(1) and (3) As we have explained in the Bill, we have not carried over subsection (2) of the 1948 Act. That subsection created a special rule for lodging objections to valuations, but only made sense when the previous ratings Acts, such as the Valuation of Land Act 1951, were in place. Now, under the Rating Valuations Act 1988, this special rule is redundant.
Revision power: section 31(2)(c)
We have updated and simplified the wording in this section. We have:
  • replaced “claim, objection, application, or other proceeding” with “proceeding”
  • replaced “shall” with “must”
  • removed the word “such”.
As we explain in the Bill, in subsection (2) we have replaced “the Tribunal” with “a tribunal” as we don’t think that proceedings have been referred to a specific tribunal at this point in the process.
Revision power: section 31(2)(e)
18 Registrar must refer proceedings to tribunal 22(1) We have updated and simplified the wording in this section. We have:
  • replaced “claim, objection, application, or other proceeding” with “proceeding”
  • replaced “shall” with “must”
  • replaced “as soon as conveniently may be” with “as soon as practicable”
  • inserted subsection (2) with a cross-reference to new section 31, which provides that the Court may act as a tribunal in certain circumstances.
Revision power: section 31(2)(d) and (e)
19 Tribunal may amend proceedings 21(4) We separated out subsection (4) of section 21 because it relates to amending proceedings: the rest of the provision relates to filing proceedings.
Revision power: section 31(2)(d)
We have updated and simplified the wording in this section. We have:
  • replaced “of its own motion” with “on the tribunal’s own initiative”
  • replaced “determined” with “decided”
  • replaced “thinks fit” with “thinks appropriate”.
Revision power: section 31(2)(e)
20 Tribunal may dismiss frivolous, vexatious, or delaying matters 35 We have relocated this provision to follow the logical flow of the tribunal process.
Revision power: section 31(2)(d)
We have updated and simplified the wording in this section. We have:
  • replaced “any claim, objection, application, or other matter” with “any matter”
  • removed unnecessary wording (eg: “under this Act”)
  • replaced “made solely for the purpose of delay” with “brought only to delay proceedings”.
Revision power: section 31(2)(e)
21 Hearings 23(1) and (3) Section 23 of the 1948 Act was divided into 4 subsections. In the Bill, we have broken up the provision into separate sections to aid clarity and improve readability. See also sections 22 and 23.
Revision power: section 31(2)(d)
As we explain in the Bill, we have not carried over the proviso to section 23(1) as it is spent. It relates to the power of the tribunal under the Land Settlement Promotion and Land Acquisition Act 1952, which was repealed in 1995.
Revision power: section 31(2)(c)
We have updated and simplified the wording in this section. We have:
  • replaced “shall” with “must”
  • removed unnecessary wording (eg: “Where any claim, objection, application, or other matter is referred to a Land Valuation Tribunal to be dealt with by that tribunal in accordance with the provisions of this Act”)
  • replaced “fix a time and place” with “set a time and place”
  • replaced “shall give notice of the time and place so fixed to all parties” with “must give notice of the time and place of the hearing to the parties”
  • replaced “may adjourn the hearing from time to time and from place to place” with “may adjourn a hearing”.
Revision power: section 31(2)(e)
22 Right to appear at hearing 23(2) Section 23 of the 1948 Act was divided into 4 subsections. In the Bill, we have broken up the provision into separate sections to aid clarity and improve readability. See also sections 21 and 23.
Revision power: section 31(2)(d)
We have updated and simplified the wording in this section. We have:
  • replaced “he” with “person”
  • replaced “his” with “their”
  • removed “himself”
  • replaced “solicitor, counsel” with “lawyer”
  • broken out the text into paragraphs to make the entitlements clear
  • replaced “shall be entitled” with “is entitled”
  • replaced “thereon” with “on that interest”
  • replaced “notwithstanding” with “but see”.
Revision power: section 31(2)(e)
23 Power to proceed if party fails to appear 23(4) Section 23 of the 1948 Act was divided into 4 subsections. In the Bill, we have broken up the provision into separate sections to aid clarity and improve readability. See also sections 21 and 22.
Revision power: section 31(2)(d)
We have updated and simplified the wording in this section. We have:
  • as noted in the Bill, replaced “upon proof of the service” with “evidence of service”
  • removed unnecessary wording (eg: “at the time and place appointed”)
  • replaced “claim, objection, application, or other matter” with “proceedings”
  • replaced “determine” with “decide”.
Revision power: section 31(2)(e)
24 Defects or irregularity in proceedings 27(2) Note: Section 27(1) was repealed in 1977.
We have updated and simplified the wording in this section. We have:
  • updated the section heading from “Proceedings of tribunal not bad for want of form”
  • as noted in the Bill, replaced “not held bad for want of form” with “a technical defect or an irregularity does not invalidate”, which reflects the more modern and plainer wording in section 117 of the District Court Act 2016.
Revision power: section 31(2)(e)
25 Decision of tribunal 19(7) Section 19 of the 1948 Act was divided into 15 subclauses. In the Bill, we have broken up the provisions into separate sections to aid clarity and improve readability. See also sections 13, 14, and 15, and clauses 1, 3, 4, 5, 6, 7, 8, 9, and 15 in Schedule 2.
Revision power: section 31(2)(d)
As noted in the Bill, we have updated the language in this subsection. The changes include:
  • replacing “at a meeting” with “in determining any matter”
  • replacing “deliberative vote” with “may vote in their own right as a member”.
Revision power: section 31(2)(e)
26 Giving notice of orders 25(1) Note: Section 25(2), which referred to sealing of orders, was repealed in 1977.
As noted in the Bill, the section 25 heading in the 1948 Act is “Orders of Tribunals to be sealed”. Section 25(1) requires notice of orders to be given to parties and prescribed persons. We have focussed on the notice aspect when revising this provision.
Also noted in the Bill is the fact that we have replaced “forthwith” with the more modern “as soon as practicable”.
Revision power: section 31(2)(e)
27 Filing and enforcing tribunal orders 38 Section 38 of the 1948 Act is a single subsection. We have improved clarity and readability by dividing the section into 3 subsections covering:
  • enforcement
  • how to file an order
  • what the section does not apply to.
In subsection (2)(b), as noted in the Bill, we have added “(if any)” to indicate that there may not be a prescribed fee.
In subsection (3), as noted in the Bill, to help users we have added a cross-reference to section 95 (Finality of award and enforcement) of the Public Works Act 1981.
As in previous sections, we have simplified and updated the references to the “District Court Judge who is the Chairman of the Tribunal”, by referring to the “chairperson”.
Revision power: section 31(2)(e)
28 Appeals against tribunal orders 26(1) and 33(4) Section 26 of the 1948 Act was divided into 7 subsections. In the Bill, we have broken up the provision into separate sections to aid clarity and improve readability. See also sections 16, 29, 30, and 38.
Revision power: section 31(2)(d)
We note that section 26 of the 1948 Act anticipates that only “final orders” can be appealed. We welcome your feedback on this point.
As we have noted in the Bill, section 33(4) of the 1948 Act states that tribunal orders are binding and cannot be appealed against except in accordance with section 26 of the Act. We have changed the formulation of the wording here.
      We would like your feedback on a proposal to change “order” to “decision”. Is the change appropriate? If we do make the change, would it be more than a minor amendment to clarify Parliament’s intent under section 31(2A)(a) of the Legislation Act 2012?
29 Procedure and time limits for appeals 26(1), (2)(a), (c), and (2A) Note: Section 26(2)(b) is spent as it applied to time limits on an appeal to an order under Part 2 of the Land Settlement Promotion and Land Acquisition Act 1952. That Act was repealed in 1995.
Revision power: section 31(2)(c)
Section 26 of the 1948 Act was divided into 7 subsections. In the Bill, we have divided it into separate sections to aid clarity and improve readability. See also sections 16, 28, 30, and 38.
Revision power: section 31(2)(d)
In the Bill we have noted the following:
  • subsection (1)(a): section 26 of the 1948 Act states that an appeal must be made in accordance with the “rules of the court”. We consider this to be a reference to the rules made by Order in Council (currently the Land Valuation Tribunals Rules 1977). However, please let us know if you think this is a reference to the general tribunal procedure in new section 14.
  • subsection (1)(b): the time for appeal is calculated from the making of the order, not from the service of notice of the order. In new section 26 (Giving notice of orders) we have updated “forthwith” to “as soon as reasonably practicable”. We consider these to be the same (ie, there should be no more delay in serving notice now than under the 1948 Act). Please let us know if you think there could be a timing difference.
Revision power: section 31(2)(e)
30 Appeal by way of rehearing 26(1) Section 26 of the 1948 Act was divided into 7 subclauses. In the Bill, we have broken up the provisions into separate sections to aid clarity and improve readability. See also sections 16, 28, 29, and 38.
Revision power: section 31(2)(d)
In this section we have updated and simplified the wording (eg: by replacing “shall” with “must”) to reduce it to a single, short, clear sentence.
Revision power: section 31(2)(e)
31 Court is judicial body 2 and 16 In this section, we have relocated the definition of Court (from the interpretation provision in the 1948 Act) and combined it with the text of section 16 of that Act, which sets out the Court’s powers and functions as a judicial body to determine appeals.
Revision power: section 31(2)(d)
Our use of an initial capital letter for this defined term is unusual. We have deliberately used “Court” to emphasise that it has a special meaning in this Bill, ie, High Court Judges sitting with additional members appointed under clause 10 of Schedule 2.
Revision power: section 31(2)(e)
32 Court may act as Tribunal 16 and 22(2)‒(4) In this section we have relocated the text of section 16 of the 1948 Act that sets out the High Court’s power to exercise any power or perform any function of a tribunal. We have combined that with subsections (2), (3), and (4) of section 22 of the 1948 Act, which relate to matters that can be referred to the High Court.
Revision power: section 31(2)(d)
We have updated the language and format in this section. The changes include:
  • removing the proviso from subsection (2) of the 1948 Act (we do not use provisos in modern legislation)
  • replacing “notwithstanding” with “despite”
  • removing out of date wording (eg: “shall”, “such”, “pursuant to which”)
  • replacing “any claim, objection, application, or other proceeding” with “a matter” and “a proceeding”
As noted in the Bill, we have kept the phrase “leave of the Tribunal/Court” here (and elsewhere, eg: in section 40). This term has a special meaning in legislation related to courts (eg: see the High Court Rules 2016).
Revision power: section 31(2)(e)
33 Court procedure 11(2) Section 11(2) (Rules of court) of the 1948 Act has been:
  • relocated to the Part of the Bill that deals with the High Court
  • split into 2 subsections.
Revision power: section 31(2)(d) Subsection (1) provides a good example of where we have modernised the language and applied our Plain Language Standard by replacing “practice and procedure of the court shall be determined by the court as it thinks proper” with “the court may determine its own procedure”.
Revision power: section 31(2)(e)
34 Court powers 13(1) and (4) Section 13 (Quorum and decisions of court) of the 1948 Act was divided into 4 subsections. In the Bill, we have separated the provisions into 2 sections to aid clarity and improve readability. See also section 37.
Revision power: section 31(2)(d)
We have updated the language used in subsections (1) and (4) of section 13 of the 1948 Act by:
  • aligning the terminology with the language used in the Senior Courts Act 2016 (as noted in the Bill)
  • removing out of date or unnecessary wording (eg: “shall”, “necessary to constitute a sitting”, “notwithstanding”, “foregoing provisions”, “on the ground”, and “in issue”)
  • replacing “Judge of the High Court” with “Judge”
  • replacing “determined” by “decided”
  • correcting grammar (eg: replacing “which” with “that” and “where” with “when”).
Revision power: section 31(2)(e)
35 Evidence 12(1) Note: subsection (2) of section 12 of the 1948 Act was repealed in 1969.
Section 12(1) (Evidence in proceedings before court) of the 1948 Act has been relocated to the Part of the Bill that deals with the High Court.
Revision power: section 31(2)(d)
To update the language of this section, we have:
  • replaced “matter” with “other material”
  • added punctuation
  • replaced “effectually” with “effectively”
  • replaced “the same” with “that material”
  • replaced “otherwise” with “normally”.
Revision power: section 31(2)(e)
36 Judge may refer questions of law to Court of Appeal 18 Section 18 (Stating of case for Court of Appeal) of the 1948 Act has been relocated to the Part of the Bill that deals with the High Court.
Revision power: section 31(2)(d) We have made minor changes to this section (as noted in the Bill) to align the wording of this section with the terminology used in the High Court Rules by:
  • keeping the phrase “state a case”
  • replacing “own motion” with “own initiative”.
Revision power: section 31(2)(e)
37 Decision of Court 13(2) and (3) Section 13 (Quorum and decisions of court) of the 1948 Act was divided into 4 subsections. In the Bill, we have broken up the provisions into separate sections to aid clarity and improve readability. See also section 34.
Revision power: section 31(2)(d)
We have made few changes to the language in this section. We have:
  • removed out of date or unnecessary wording (eg: “shall”)
  • stated what constitutes a decision of the court more clearly and in separate subsections.
Revision power: section 31(2)(e)
38 Court powers on appeal 26(4) and (5) Section 26 of the 1948 Act was divided into 7 subsections. In the Bill, we have broken up the provisions into separate sections to aid clarity and improve readability. See also sections 16, 28, 29, and 30.
Revision power: section 31(2)(d)
We have made changes to the language in this section. We have:
  • removed out of date or unnecessary wording (eg: “upon”, “any such”, “shall”, “as it thinks fit”)
  • replaced “just and equitable” with “just”. Although the phrase is still used in legislation, as noted in the Bill we consider that “just”, alone, captures the intention with no change in meaning.
Revision power: section 31(2)(e)
39 Court may make order for costs 37A(1) To update and improve the clarity of the wording we have—
  • updated the section heading from “Orders as to costs”
  • removed out of date or unnecessary wording (eg: “on the determination of”, “such”, “as to”, “as it thinks fit”)
  • removed the reference to the Land Settlement Promotion and Land Acquisition Act 1952 because that Act was repealed in 1995
  • added a cross-reference to section 90 (Costs in claims for compensation) of the Public Works Act 1981 to help users.
Revision power: section 31(2)(c) and (e)
40 Appeals against Court orders 18A(1)‒(3) We have made the following changes to the language in this section:
  • removed out of date or unnecessary wording (eg: “under this section”, “such”, “shall”, and “in its discretion”)
  • replaced “in determining” with “when deciding”
  • replaced “notwithstanding anything in any enactment” with “this section overrides any provision in any other enactment”
  • replaced “thinks fit” with “thinks appropriate”
  • replaced “whether as to costs or otherwise” with “including in relation to costs”
  • removed the reference in section 18A(1) of the 1948 Act to section 56 (Jurisdiction) of the Senior Courts Act 2016 as we don’t think it is necessary.
Revision power: section 31(2)(e)
41 Court of Appeal decision is final 18A(4) We have made very little change to the wording of the subclause in the 1948 Act, other than to remove “such” and “shall”, and to write it in the present tense.
Revision power: section 31(2)(e)
42 Crown right to appear at proceedings
[“at” changed to match Bill change]
36 We have rewritten this provision as 3 subsections. Each subsection is a short, clear sentence. To achieve this, we have:
  • replaced “on the hearing of any proceedings” with “at any hearings”. We welcome any comments about this change
  • removed out of date or unnecessary wording (eg: “in that behalf” and “shall”)
  • included a definition of Minister in the interpretation section (see section 7) so that term can be used in place of “by the Minister of the Crown charged with the administration of the Act under which the proceedings are commenced …”
Revision power: section 31(2)(e)
43 Tribunal and Court hearings generally open to public 34(1) As noted in the Bill, we have made some plain language changes in this section. We have:
  • replaced “proceedings” with “hearings” in the section heading
  • replaced “heard in public” with “open to the public”
  • removed the proviso as it is not current drafting practice to note conditions in this way
  • removed out of date or unnecessary wording (eg: “shall”, “provided that”, “as to its decision”, and “as to any question”).
Revision power: section 31(2)(e)
44 Tribunal and Court may prohibit publication of proceedings 34(2) In the Bill, we draw your attention to the following:
  • we think that the wording of the 1948 Act implies that there will always be an amount claimed or awarded as compensation. However, we have written this section on the basis that there could be some orders or decisions that don’t have an amount claimed/awarded as compensation.
Revision power: section 31(2)(e)
  • we cannot identify any Acts under which the tribunal is required to give consent to the consideration paid. We propose to delete subsection (2)(c)(iii) of the Bill on the basis that it is spent (ie, no longer applied to any Act).
Revision power: section 31(2)(c)
We have made changes to the language in this section by:
  • removing out of date or unnecessary wording (eg: “provided that”, “no such”, and “shall”)
  • removing the proviso as it is not current drafting practice to note conditions in this way
  • replacing “purchase money” with “purchase price”
  • replacing “in respect of which” with “for which”.
Revision power: section 31(2)(e)
45 Regulations 11(1) and 40 In the Bill, we have brought together these 2 provisions of the 1948 Act because they both deal with the Governor-General’s power to regulate the Court by Order in Council.
Revision power: section 31(2)(d)
As noted under section 14 of the Bill, we have suggested a minor simplification so that all rules and regulations are now “regulations” under this section. This is included as a minor amendment in Schedule 4 of the Bill.
Revision power: section 31(2A)(a)
46 Repeal and revocation n/a n/a
47 Rules preserved n/a As noted in the Bill, the Ministry of Justice will review the Land Valuation Tribunals Rules 1977 , which may be preserved or revoked as appropriate. Please provide feedback if you think any rules need to be changed to reflect the Bill.
48 Consequential amendments n/a We have amended other Acts to update references to the 1948 Act to refer to the new Act.
 
Schedule 1 Transitional, savings, and related provisions   In this Schedule of the Bill, we explain that we have not carried over the savings provisions in section 28(4) or section 41 of the 1948 Act as we think they are spent.
Revision power: section 31(2)(c)
Clause 1 Claims for compensation required to be decided by Compensation Court 28(1) In the Bill, we note that section 28(1) may also be spent, but we have included a transitional provision for this subsection and asked for feedback on our approach.
Revision power: section 31(2)(c)
Clause 2 Tribunals established under 1948 Act continue n/a As noted in the Bill, because a revision bill does not change the effect of the law, matters that are underway under the 1948 Act will be completed under the new Act.
Clause 3 Additional members continue in office n/a As noted in the Bill, because a revision bill does not change the effect of the law, appointments continue as if they were made under the new Act.
Clause 4 Finance Act (No 3) 1944 and Lake Taupo Compensation Claims Act 1947 28(1) proviso In the Bill, we note that section 28(1) and its proviso may be spent, but we have included a transitional provision and asked for feedback on our approach.
Revision power: section 31(2)(c)
Schedule 2 Further provisions relating to tribunals and Court   See sections 7, 10, 11, 14, and 31 of the Bill.
Clause 1 How tribunals established 19(1) Section 19 of the 1948 Act was divided into 15 subsections. In the Bill, we have broken up the subsections into separate sections to aid clarity and improve readability. See also sections 13, 14, 15, and 25, and clauses 3, 4, 5, 6, 7, 8, 9, and 15 in this schedule. As our note in the Bill explains:
  • the method of establishing a tribunal is not expressly stated in section 19(1) of the 1948 Act. We have clarified the process here by stating that a tribunal is
  • established by an Order in Council. This reflects the practice of establishing tribunals under the 1948 Act
  • the power to rename the tribunal is covered by section 15 (Power to amend or revoke) of the Interpretation Act 1999.
We have made changes to the language in this clause by:
  • removing out of date or unnecessary wording (eg: “shall”, “such”, “determines”, and “from time to time”)
  • replacing “thinks necessary” with “considers necessary” to reflect current drafting style
  • replacing “there shall be established” with “establish”.
Revision power: section 31(2)(e)
Clause 2 Governor-General may confer jurisdiction by Order in Council 33(1) We have split the single subsection in the 1948 Act into 3  subclauses to improve clarity and readability.
Revision power: section 31(2)(d)
We have made changes to the language in this clause by:
  • removing unnecessary wording (eg: “subject to the provisions of any other Act”, “from time to time”, “or classes of matters”, and “such”)
  • replacing “hear and determine” with “decide”
  • replacing “in respect of” with “for”
  • replacing “subject to such conditions and restrictions as may be specified in the Order in Council” with “by Order in Council, specify conditions”.
Revision power: section 31(2)(e)
Clause 3 Appointment of tribunal members 19(2) and (3)(a) Section 19 of the 1948 Act was divided into 15 subsections. In the Bill, we have broken up the subsections into separate sections to aid clarity and improve readability. See also sections 13, 14, 15, and 25, and clauses 1,4, 5, 6, 7, 8, 9, and 15 in this schedule.
Revision power: section 31(2)(d)
We have made changes to the language in this clause by:
  • replacing “shall consist of” with “is made up of”
  • replacing “shall” with “must”
  • replacing “one or both of whom shall be” with “1 of the other members must be”.
Revision power: section 31(2)(e)
Clause 4 Appointment of deputy members 19(9) Section 19 of the 1948 Act was divided into 15 subsections. In the Bill, we have broken up the subsections into separate sections to aid clarity and improve readability. See also sections 13,14, 15, and 25, and clauses 1, 3, 5, 6, 7, 8, 9, and 15 in this schedule.
In the Bill, we note that most of subsection (9) is now covered by section 14 (Exercise of powers by deputies) of the Interpretation Act 1999.
Revision power: section 31(2)(d)
We have made changes to the language in this clause by:
  • replacing “shall” with “must”
  • removing unnecessary words (eg: “from time to time”).
Revision power: section 31(2)(e)
Clause 5 Appointment of acting chairperson 19(10) and (11) Section 19 of the 1948 Act was divided into 15 subsections. In the Bill, we have broken up the subsections into separate sections to aid clarity and improve readability. See also sections 13, 14, 15, and 25, and clauses 1, 3, 4, 6, 7, 8, 9, and 15 in this schedule.
Revision power: section 31(2)(d)
We have made changes to the language in this clause by:
  • removing “he”, “his”, and “him”
  • replacing “shall” with “must” and “is”
  • replacing “chairman” with “chairperson”
  • replacing “cause” with “reason”
  • replacing “deemed” with “is”
  • removing unnecessary words (eg: “of the Tribunal” and “such”).
Revision power: section 31(2)(e)
Clause 6 Appointment of other acting members 19(13) Section 19 of the 1948 Act was divided into 15 subsections. In the Bill, we have broken up the subsections into separate sections to aid clarity and improve readability. See also sections 13, 14, 15, and 25, and clauses 1, 3, 4, 5, 7, 8, 9, and 15 in this schedule.
Revision power: section 31(2)(d)
We have made changes to the language in this clause by:
  • removing unnecessary words (eg: “in the event of the sickness or other incapacity” and “Land Valuation Tribunal”)
  • replacing “sickness” with “illness”
  • replacing “his incapacity” with “their incapacity”.
Revision power: section 31(2)(e)
Clause 7 Tenure of chairperson 19(3)(a) We have rewritten this clause in the present tense.
Revision power: section 31(2)(e)
Clause 8 Tenure of other members 19(3)(b) and (4) Section 19 of the 1948 Act was divided into 15 subsections. In the Bill, we have broken up the subsections into separate sections to aid clarity and improve readability. See also sections 13, 14, 15, and 25, and clauses 1, 3, 4, 5, 6, 7, 9, and 15 in this schedule.
Revision power: section 31(2)(d)
We have updated the language in this clause by:
  • replacing “shall be appointed “with “hold office”
  • replacing “not exceeding 6 years” with “no more than 6 years”
  • replacing “shall be eligible for reappointment” with “may be reappointed”
  • replacing “notice in writing” with “written notice”.
Revision power: section 31(2)(c)
Clause 9 Concurrent appointments 19(12) Section 19 of the 1948 Act was divided into 15 subsections. In the Bill, we have broken up the subsections into separate sections to aid clarity and improve readability. See also sections 13, 14, 15, and 25, and clauses 1, 3, 4, 5, 6, 7, 8, and 15 in this schedule.
Revision power: section 31(2)(d)
We have simplified the wording of this clause by:
  • removing unnecessary wording (eg: “concurrently”, “as a member or deputy member”, and “Land Valuation”)
  • removing “hold office during the pleasure of”.
Revision power: section 31(2)(e)
Clause 10 Appointment of additional members of Court 3(1) This section of the 1948 Act has been relocated to appear in its logical place in the structure of the Bill.
Revision power: section 31(2)(d)
As noted in the Bill, we have not carried over section 3(1)(b) of the 1948 Act as that subsection is spent (it refers to the powers vested in the Land Valuation Court in 1948).
Revision power: section 31(2)(c) We have revised this clause by:
  • omitting the unnecessary wording from paragraphs (a) and (b)
  • replacing “shall be appointed“ with “must appoint”
  • replacing “not being” with “must not be”.
Revision power: section 31(2)(e)
Clause 11 Appointment of deputy additional members 14(1) and (2) This section of the 1948 Act has been relocated to appear in its logical place in the structure of the Bill.
Revision power: section 31(2)(d)
As noted in the Bill:
  • deputies’ powers are now covered by section 14 (Exercise of powers by deputies) of the Interpretation Act 1999 so we omitted the last words of section 14(1) of the 1948 Act
  • we have omitted the second half of section 14(2) of the 1948 Act because we think it is unnecessary.
Revision power: section 31(2)(c)
We have updated the language in this clause by:
  • replacing “becomes for any cause incapable of acting” with “becomes incapable of acting for any reason”
  • replacing “or other proceeding pending before the court” with “any matter before the Court”
  • removing out of date language including “deems”, “he”, and “should”
  • replacing “not proper or desirable” with “inappropriate”
  • simplified “the person so appointed shall, subject to the conditions or limitations and for the period specified in his appointment, have all the powers, duties, and functions of the additional member whose deputy he is” by replacing it with “appoint a suitable person to be a deputy additional member of the Court for the purposes of acting in place of the additional member”.
Revision power: section 31(2)(e)
Clause 12 Tenure of additional members 3(2), (3), (4), and (5) This section of the 1948 Act has been relocated to appear in its logical place in the structure of the Bill.
Revision power: section 31(2)(d)
We have updated the language in this clause by:
  • replacing “shall be eligible for reappointment” with “may be reappointed”
  • replacing “attaining the age” with “reaching the age”.
Revision power: section 31(2)(e)
Clause 13 When members not to be treated as interested 14(4) This section of the 1948 Act has been relocated to appear in its logical place in the structure of the Bill.
Revision power: section 31(2)(d)
In the Bill, we note that we have been unable to identify any case in which compensation becomes a charge. We would like your feedback on whether clause 13(1)(a) is needed or examples of when it may apply.
We have updated the language in this clause by:
  • replacing “no member of the court shall be deemed” with “a member must not be treated as”
  • removing “his” and ”he”
  • replacing “solely” with “only”
  • replacing “on account of” with “because of”.
Revision power: section 31(2)(e)
Clause 14 Non-judicial members must take oath 9 and 20 In the Bill we have combined the sections of the 1948 Act that related to oaths to be taken by additional members (section 9) and oaths to be taken by members of the tribunal (section 20) because they both relate to oaths that non-judicial members must take.
Revision power: section 31(2)(d)
We have updated the language in this clause by:
  • replacing “before entering upon the exercise of the duties of their office” with “before performing any function of office”
  • replacing “shall” with “must”
  • replacing “subscribe an oath” with “take an oath”
  • replacing “duties of their office” with “functions of office”
  • replacing “Land Valuation Tribunal” with “tribunal”.
Revision power: section 31(2)(e)
Clause 15 Remuneration of members 3(6) and 19(5) In the Bill we have combined the provisions of the 1948 Act that related to remuneration.
Revision power: section 31(2)(d)
In the Bill we note that the 1948 Act referred to the members of “the Tribunal” being paid. We think that Parliament intended this to be the other members only, not District Court Judges. This would align with the 1948 Act position on High Court Judges, for example. See section  3(6). We have updated the language in this clause by:
  • replacing “there shall be paid” with “must be paid”
  • replacing “out of money appropriated by Parliament for the purpose” with “out of public money”
  • removing unnecessary words (eg: “by way of”, “remuneration”, and “that Act shall apply accordingly”)
  • replacing “Land Valuation Tribunal” with “tribunal”.
Revision power: section 31(2)(e)
Clause 16 Tribunal or Court members not public servants 39 This section of the 1948 Act has been relocated to appear in its logical place in the structure of the Bill.
Revision power: section 31(2)(d)
We have updated the language in this clause by:
  • replacing “no person shall be deemed to be” with “a person must not be treated as”
  • removing unnecessary words (eg: “in the service of her Majesty”)
  • removing “his”
  • replacing “by reason of” with “because”
  • replacing “Land Valuation Tribunal” with “tribunal”.
Revision power: section 31(2)(e)
Schedule 3 Amendments to other enactments n/a We have amended references in other Acts to the 1948 Act to refer to the new Act.
Schedule 4 Minor amendments to clarify Parliament’s intent or reconcile inconsistencies n/a See Part 2.3 of this explanatory material.
Schedule 5 Comparative table n/a n/a

Part 4—Issues noted for possible future reform

We’re not asking for comment on these—see note on Part 4 in the Introduction.

Old provision numberNew provision numberIssue for future reform
Section 21(1) Section 17(2) In these provisions we have a chicken-and-egg situation. An application has to meet the requirements at the specific tribunal before the applicant would necessarily know which the relevant tribunal was.
Section 22(1) Section 18(1)

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