1: Title
This Act is the Research, Science, and Technology Act 2010.
2: Commencement
This Act comes into force on 1 February 2011.
3: Purpose
The purpose of this Act
a: to establish boards to make independent funding decisions in respect of the allocation of specified expenses appropriated for the purposes of research, science, or technology, or related activities:
b: to repeal the Foundation for Research, Science, and Technology Act 1990
c: to provide for the transfer of employees, assets, and liabilities from the Foundation for Research, Science, and Technology to a new department of State:
d: to provide for the transfer of employees from the former department to a new department of State:
e: to provide for savings in relation to contracts with the Foundation for Research, Science, and Technology, consequential amendments, and other savings and transitional matters.
4: Interpretation
In this Act board section 10(1) chief executive employee section 5 former department Foundation section 4 member
a: in relation to a board, means a member of that board; and
b: for the purposes of section 12 Minister this Act Ministry this Act outputs section 2(1) RS&T funding specified RS&T funding section 5 State services section 5 Section 4 employee amended 7 August 2020 section 135 Public Service Act 2020 Section 4 State services amended 7 August 2020 section 135 Public Service Act 2020
5: Meaning of specified RS&T funding
1: In this Act specified RS&T funding
a: means RS&T funding in a vote administered by the Ministry in respect of which a decision on rationing a limited amount of that funding is required to be made, in accordance with criteria published under section 8(1)
i: between eligible proposals, as to which should receive an allocation; and
ii: in response to an individual proposal, as to the amount (if any) to be allocated; but
b: does not include RS&T funding in a vote administered by the Ministry that is subject to a separate decision-making process.
2: For the purpose of subsection (1)(b), the Minister must, by notice published in the Gazette
6: Act binds the Crown
This Act Allocation of funding
7: Purposes for which specified RS&T funding may be allocated
1: Specified RS&T funding may be allocated for research, science, or technology, or related activities, for the benefit of New Zealand.
2: The activities referred to in subsection (1) include (but are not limited to) any activity that—
a: is likely to increase knowledge or understanding of the physical, biological, or social environment; or
b: is likely to contribute to New Zealand’s economic growth; or
c: is likely to develop, maintain, or increase skills or scientific or technological expertise that is of particular importance to New Zealand; or
d: is unlikely to be funded, or adequately funded, from non-governmental sources; or
e: facilitates research, science, or technology, or related activities; or
f: promotes or facilitates the application of research, science, or technology, or related activities.
8: Minister to set, and boards to adhere to, criteria
1: The Minister must from time to time, by notice given to each board and published in the Gazette
2: A board must carry out its functions under section 10(4)(a)
3: Nothing in subsection (1) authorises the Minister to—
a: give a direction in respect of the production, by a particular person, of outputs relating to research, science, or technology, or related activities; or
b: direct a board to allocate funds to or for the benefit of a particular person.
9: Chief executive to refer proposals to boards
1: On any occasion when decisions on the allocation of specified RS&T funding are to be made, the chief executive must refer the proposals concerned to the appropriate board to make funding decisions in accordance with section 10(4)(a)
2: A board may request that the chief executive provide the board with all information, or any specified information, that relates to the proposal.
3: If the Ministry holds the information requested, the chief executive must provide that information to the board.
4: In this section, information
a: independent advice received by the Ministry; and
b: confirmation as to whether or not the proposal has been independently considered.
10: Establishment, functions, and duties of boards
1: The Minister must—
a: establish, by notice published in the Gazette
b: appoint members of those boards; and
c: appoint a member of each board as the chairperson of that board.
2: Before establishing a board, the Minister must consult with any other Minister of the Crown whose area of responsibility, in the Minister's opinion, includes an interest in the allocation of specified RS&T funding.
3: The Minister may specify that a board is to make funding decisions on proposals for specified RS&T funding in relation to 1 or more areas of research, science, or technology, or related activities, specified in—
a: the notice establishing the board under subsection (1)(a); or
b: a notice given to the board for the purpose and published in the Gazette
4: The functions of a board established under subsection (1)(a) are,—
a: in relation to the areas of research, science, or technology, or related activities (if any) specified under subsection (3), to make funding decisions on proposals for specified RS&T funding referred to it by the chief executive; and
b: with the prior approval of the Minister, to make decisions on proposals for allocation of RS&T funding that are referred to it—
i: by any other Minister of the Crown (a referring Minister
ii: by the administrative head (however called) of any of the State services (a referring chief executive
5: In performing its functions, a board must act,—
a: in relation to its functions under subsection (4)(a), in accordance with—
i: the purposes in section 7
ii: section 8(2)
b: in relation to its functions under subsection (4)(b), in accordance with criteria specified by the referring Minister or, as the case requires, the referring chief executive; and
c: on information presented to the board by the chief executive or, as the case requires, by the referring Minister or referring chief executive; and
d: in an independent, fair, and transparent manner.
6: For the purpose of giving effect to the decision, a board must record any funding decision it makes in the performance of its functions in writing and provide that decision to the chief executive or, as the case requires, the referring Minister or referring chief executive.
7: The Ministry must supply all secretarial and administrative services required to enable a board to carry out its functions.
8: Schedule 1
11: Board may delegate functions
1: With the approval of, and within any limits set by, the Minister, a board may, either generally or particularly and by resolution, delegate its functions under section 10(4)
a: the chief executive; or
b: any other person (not being an employee in the State services) approved by the Minister.
2: If functions are delegated to the chief executive under subsection (1),—
a: the chief executive is not responsible to the Minister for the performance or exercise of those functions but must act independently; and
b: the chief executive may delegate those functions to employees or holders of specified offices in the Ministry under clauses 2 3
3: A person to whom functions are delegated under subsection (1) or (2)(b) must perform them in accordance with section 10(5)
4: No delegation under subsection (1) or (2)(b) affects the responsibility of the board for the actions of any person acting under the delegation.
5: A board must not make a delegation under this section unless satisfied that,—
a: given the nature of the decision to be made by the delegate and the level of funding involved, the delegation will result in a more efficient and effective decision-making process than if the board had made the decision; and
b: if necessary, conditions are imposed upon the delegation that will enable the board to verify that the delegate has complied with the requirements of section 10 Section 11(2)(b) amended 7 August 2020 section 135 Public Service Act 2020 Abolition of Foundation and transfer of assets, liabilities, and employees from Foundation, and employees from former department, to Ministry
12: Abolition of Foundation
1: On the commencement of this Act
2: Every member of the Foundation vacates office on the commencement of this Act
13: Foundation for Research, Science, and Technology Act 1990 repealed
The Foundation for Research, Science, and Technology Act 1990 2011-02-01 Foundation for Research, Science, and Technology Act 1990
14: Vesting of assets and liabilities of Foundation
1: On the commencement of this Act
a: all property belonging to the Foundation vests in the Crown as assets of the Ministry; and
b: all information held by the Foundation is held by the Ministry; and
c: all money payable to or by the Foundation becomes payable to or by the Ministry; and
d: all rights, liabilities, contracts, entitlements, and engagements of the Foundation become the rights, liabilities, contracts, entitlements, and engagements of the Crown acting through the Ministry; and
e: anything done, or omitted to be done, or that is to be done by, or in relation to, the Foundation must be treated as having been done, or having been omitted to be done, or to be done by, or in relation to, the Ministry; and
f: proceedings commenced, continued, or enforced by or against the Foundation must instead be commenced, continued, or enforced by or against the Crown in respect of the Ministry without amendment to the proceedings; and
g: a matter or thing that would have, but for this section, been completed by the Foundation, must be completed by the Ministry.
2: To avoid doubt, the abolition of the Foundation does not, of itself, affect any of the following matters:
a: any decision made, or anything done or omitted to be done, by the Foundation in relation to the performance of the Foundation's functions and duties or the exercise of its powers under any enactment:
b: any proceedings commenced by or against the Foundation:
c: any other matter or thing arising out of the Foundation’s performance, or purported performance, of the Foundation’s functions and duties, or the exercise, or purported exercise, of its powers under any enactment.
3: The abolition of the Foundation and the transfer of its property, rights, and obligations to the Crown or the Ministry—
a: is not to be treated as placing a person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and
b: is not to be treated as entitling a person to—
i: terminate, cancel, or modify a contract, agreement, or arrangement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; and
c: does not release any surety wholly or in part from all or any obligation; and
d: does not invalidate or discharge any contract or security.
15: Transfer of employees of Foundation to Ministry
1: Every person who was, immediately before the commencement of this Act this Act
2: An employee referred to in subsection (1) is not entitled to receive any payment or other benefit on the ground that his or her position in the Foundation has ceased to exist.
16: Transfer of employees of former department to Ministry
1: Every person who was, immediately before the commencement of this Act this Act
2: An employee referred to in subsection (1) is not entitled to receive any payment or other benefit on the ground that his or her position in the former department has ceased to exist.
3: To avoid doubt, any collective agreement that was in force immediately before the commencement of this Act
a: any employee referred to in subsection (1) who was, immediately before the commencement of this Act
b: the chief executive.
17: Transferred employees
1: The terms and conditions of employment of a transferred employee immediately before the commencement of this Act
a: those terms and conditions are varied by agreement between the transferred employee and the Ministry; or
b: the transferred employee accepts a subsequent appointment with the Ministry.
2: For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of a transferred employee,—
a: the employment agreement of that employee is to be treated as unbroken; and
b: the employee’s period of service with the former department or the Foundation, and every other period of service of that employee that is recognised by the former department or the Foundation as continuous service, is to be treated as a period of service with the Ministry.
3: To avoid doubt, the employment of a transferred employee by the Ministry does not—
a: constitute new employment for the purposes of the KiwiSaver Act 2006
b: treat that employee as a new employee for the purposes of the Employment Relations Act 2000
4: In this section, transferred employee section 15 16
18: Consequential amendments
The enactments specified in Schedule 2 2011-02-01 Atomic Energy Act 1945 Building Research Levy Act 1969 Crown Entities Act 2004 Crown Research Institutes Act 1992 Education Act 1989 Finance Act (No 2) 1994 Heavy Engineering Research Levy Act 1978 Income Tax Act 2007 Land Transport Act 1998 Ombudsmen Act 1975 Public Bodies Contracts Act 1959 State Sector Act 1988


1: Title
This Act is the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010.
2: Commencement
This Act comes into force on 1 February 2011.
3: Principal Act amended
This Act National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 2011-02-01 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 Amendments to principal Act
4: Purpose
Section 3
c: continue the mutually supportive roles of the National Librarian and the Chief Librarian; and .
5: Interpretation
1: Section 4 Minister Minister .
2: The definition of National Library section 4 the department of State known as
3: Section 4 chief executive department .
6: National Librarian
Section 8
2: The National Librarian is the person for the time being appointed to that office by the chief executive under the State Sector Act 1988
7: Functions and powers of National Librarian
1: Section 9
1AA: The National Librarian has all the powers necessary to perform and carry out the functions and duties imposed on the National Librarian by or under this Act.
2: Section 9(2)(b)
3: Section 9
3: The National Librarian must not transfer the custody or use of any documents held by the National Library to any authority or other person, or remove any documents from the collections, without the approval of the Minister.
8: New section 9A inserted
The following section is inserted after section 9
9A: Delegations by National Librarian
1: The National Librarian may, either generally or particularly, delegate to an employee in the department all or any of the National Librarian's functions, duties, or powers under this Act except the power to delegate.
2: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions the National Librarian thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the National Librarian.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: This section is subject to the limitations specified in sections 13(3) and 14
9: Continuation of Alexander Turnbull Library
Section 11
2A: The chief executive, in consultation with the National Librarian, must provide—
a: separate and suitable accommodation in a national library building for the collections of the Alexander Turnbull Library; and
b: for the development of the research collections and the services of the Alexander Turnbull Library, particularly in the fields of New Zealand and Pacific studies and rare books.
10: Chief Librarian of Alexander Turnbull Library
1: Section 13(2) National Librarian chief executive, on the recommendation of the National Librarian,
2: Section 13(3)(b)
a: omitting the National Library the department
b: omitting the National Librarian the chief executive, in consultation with the National Librarian,
c: adding in accordance with section 9A
3: Section 13
4: The person holding office as Chief Librarian immediately before the commencement of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 continues to hold that office on the commencement of that Act
11: New section 14 substituted
Section 14
14: Functions, duties, and powers of Chief Librarian
The Chief Librarian must perform any functions or duties, and exercise any powers, delegated to him or her under section 9A
12: Documents may be made available for public exhibition
Section 15(1) and (2)(f) section 14 section 9A
13: Reports
Section 19(1) and (2)(a) section 14 section 9A
14: Administration
Section 21(2) The National Library The department
15: Administration
Section 28 The National Library The department
16: Use of public documents in National Library
Section 34
2: For the purposes of carrying out his or her duties, the National Librarian and any employee, contractor, or agent of the chief executive may possess, copy, store in electronic form (whether offline or online), and use any copy of a deposited document. Transfer of employees of National Library and related matters
17: Transfer of National Library employees to department
1: Sections 30E 30F 30G this Act
2: For the purposes of subsection (1) sections 30E 30F 30G section 30C
18: Consequential amendments
The enactments specified in the Schedule 2011-02-01 Films, Videos, and Publications Classification Act 1993 Official Information Act 1982 Ombudsmen Act 1975 State Sector Act 1988


1: Title
This Act is the Public Records Amendment Act (No 2) 2010.
2: Commencement
This Act comes into force on 1 February 2011.
3: Principal Act amended
This Act Public Records Act 2005 2011-02-01 Public Records Act 2005 Amendments to principal Act
4: Interpretation
1: Section 4 Archives New Zealand Archives New Zealand .
2: Section 4 Minister Minister .
3: Section 4 chief executive department .
5: Continuation of Archives New Zealand
Section 9(2)
6: Chief Archivist
Section 10
2: The Chief Archivist is the person for the time being appointed to that office by the chief executive under the State Sector Act 1988
7: New section 12 substituted
Section 12
12: Chief Archivist to act independently
In relation to the performance of his or her functions and duties and to the exercise of his or her powers under sections 11(1)(b) and (d), 20(1), and 30, the Chief Archivist—
a: must act independently in exercising his or her professional judgement; and
b: is not subject to direction from either the Minister or the chief executive.
8: Delegations by Chief Archivist
Section 13(1) of Archives New Zealand in the department
9: Function of Archives Council
Section 15(1)(a)(v) Archives New Zealand the recordkeeping practices of the Chief Archivist
10: Administrative matters
Section 16(2) Archives New Zealand The department
11: Registers
Section 19(2) at Archives New Zealand
12: Authority to dispose of public records
1: Section 20(3) Archives New Zealand the Chief Archivist in relation to his or her functions, duties, and powers under this Act
2: Section 20(4) of Archives New Zealand referred to in subsection (3)
13: Deferred transfer of public records
Section 22(5)(b) Archives New Zealand the department
14: Discharge of public records
Section 25(1)(f) of Archives New Zealand in the department
15: Audit of Archives New Zealand
1: The heading to section 34 Archives New Zealand recordkeeping practices of Chief Archivist
2: Section 34(1) Archives New Zealand the recordkeeping practices of the Chief Archivist
16: Basis for determining access status
Section 44(6) Archives New Zealand The department
17: Protection of names
Section 60(2) Archives New Zealand the department Transfer of employees of Archives New Zealand and related matters
18: Transfer of Archives New Zealand employees to department
1: Sections 30E 30F 30G
2: For the purposes of subsection (1), sections 30E 30F 30G section 30C
19: Consequential amendments
The enactments specified in the Schedule 2011-02-01 Independent Police Conduct Authority Act 1988 Ombudsmen Act 1975 State Sector Act 1988 Statistics Act 1975 Tax Administration Act 1994


Education Amendment Act (No 3) 2010

1: Title
This Act is the Education Amendment Act (No 3) 2010.
2: Commencement
1: Sections 31 to 33
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Education Act 1989 2011-06-20 Education Act 1989 Sections 31 to 33 come into force on 20 June 2011 2010-12-21 Education Act 1989 The rest of this Act comes into force on 21 December 2010
4: Interpretation
Section 2(1) crime involving dishonesty criteria for registration section 35C government training establishment industry training organisation institution lead provider Gazette section 31F managers of a private school participating student
a: a secondary school:
b: a composite school:
c: a school that is registered under section 35A
d: a special school that is a relevant school within the meaning of section 246 provider group Gazette section 31B registered establishment review officer secondary component secondary-tertiary programme section 31A serious criminal activity tertiary component
a: is provided by any 1 or more of the following:
i: a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:
ii: the managers of a school registered under section 35A
iii: a government training establishment:
iv: an institution:
v: a registered establishment; and
b: may include work experience (other than work experience obtained by a student under section 71) as part of the programme that is approved by the provider of the secondary or tertiary component of the programme
5: New section 4E inserted
The following section is inserted after section 4D
4E: Courses for foreign students
1: The board of a State school or the managers of a school registered under section 35A
2: The New Zealand Qualifications Authority must not approve a class, course, or programme under subsection (1) unless satisfied on reasonable grounds that—
a: the school has or will have adequate staff, equipment, and premises to provide it; and
b: the standard of instruction provided in it will be no lower than the standard that would be expected in any similar class, course, or programme for domestic students.
6: How to select applicants who live outside home zone
1: Section 11F(1)
d: fourth priority must be given to any applicant who is a child of a former student of the school:
e: fifth priority must be given to any applicant who is either a child of an employee of the board of the school or a child of a member of the board of the school:
f: sixth priority must be given to all other applicants.
2: Section 11F(2) or fifth fifth, or sixth
7: Students required to enrol must attend school
Section 25
4: Nothing in subsections (1) to (3) applies to a participating student who is enrolled at a registered school for the purposes of the secondary component of his or her secondary-tertiary programme, but he or she must attend the school for any portion of the programme as notified by the provider group or lead provider under section 31J
8: Employment of school-age children
1: Section 30(1)
ab: in the case of a person who is a student participating in a secondary-tertiary programme, when the employment interferes with the person's ability to undertake the secondary-tertiary programme; or
2: Section 30(1)(d)
ia: in the case of a person who is a participating student, interferes with the person's ability to undertake his or her secondary-tertiary programme; or
9: Ensuring attendance of students
Section 31
9: This section applies to a participating student only in relation to any portion of his or her secondary-tertiary programme during which he or she is required to attend school, as notified by the provider group or lead provider under section 31J
10: New sections 31A to 31L inserted
The following sections are inserted after section 31
31A: Nature of secondary-tertiary programme
A secondary-tertiary programme
a: consists of a secondary component and a tertiary component; and
b: is co-ordinated by a provider group or a lead provider.
31B: Provider group for secondary-tertiary programme
1: The Minister may, by notice in the Gazette
a: any 1 or more of the following:
i: a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:
ii: a body corporate that is the manager of a school registered under section 35A
b: any 1 or more of the following:
i: a government training establishment:
ii: an industry training organisation:
iii: an institution:
iv: a registered establishment.
2: Each member of a provider group is jointly and severally liable with the other members of the group in respect of the group's obligations and responsibilities.
3: Each member of a provider group must take all reasonable steps to work in a co-operative manner with the other members of the group.
31C: Secretary may enter into agreement with provider group
1: A provider group may co-ordinate a secondary-tertiary programme, if the provider group has entered into a written agreement with the Secretary in relation to the programme.
2: The matters that an agreement under subsection (1) may provide for, in relation to a secondary-tertiary programme, may include (without limitation) any 1 or more of the following:
a: its organisation and operation:
b: its curriculum, courses, and any qualification resulting from it:
c: selection of students to participate in it:
d: clarification of responsibility for the welfare and educational performance of participating students:
e: pastoral care and career guidance for participating students:
f: its funding, and the responsibility of specific members of the provider group in relation to that funding:
g: the maximum number of students that may participate in it.
3: The Secretary and the provider group may agree at any time to cancel or vary an agreement under subsection (1).
4: The Secretary or the provider group may cancel an agreement under subsection (1) by giving at least 6 months' notice in writing to the provider group or the Secretary (as the case may be).
31D: Provider group plan for secondary-tertiary programme
1: A provider group must—
a: prepare and maintain a plan that contains short-term and long-term goals for each secondary-tertiary programme that it co-ordinates; and
b: provide the Secretary with a copy of the plan.
2: A provider group that alters any plan provided to the Secretary under subsection (1)(b) must provide the Secretary with a copy of the changed plan as soon as practicable.
31E: Report to Secretary by provider group
1: A provider group must report at least annually to the Secretary regarding its performance and progress.
2: The Secretary may, by notice in the Gazette
31F: Recognition as lead provider of secondary-tertiary programme
The Minister may, by notice in the Gazette
a: a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:
b: a body corporate that is the manager of a school registered under section 35A
c: a government training establishment:
d: an industry training organisation:
e: an institution:
f: a registered establishment.
31G: Lead provider to co-ordinate secondary-tertiary programme
1: A lead provider may co-ordinate a secondary-tertiary programme, if the lead provider has made an arrangement for the safety, welfare, and educational programmes of participating students that is—
a: agreed to by the Secretary; or
b: in a form approved by the Secretary.
2: Any of the following may provide a secondary component or a tertiary component of a secondary-tertiary programme, after making an arrangement as specified in subsection (1) with the lead provider of the programme:
a: a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:
b: the managers of a school registered under section 35A
c: a government training establishment:
d: an institution:
e: a registered establishment:
f: an employer providing work experience under the programme.
3: The Secretary may withdraw his or her agreement under subsection (1)(a), or his or her approval under subsection (1)(b), by giving at least 6 months' notice in writing to the lead provider.
31H: Government policies or priorities
1: The Minister may, by notice in the Gazette
a: secondary-tertiary programmes:
b: provider groups, or specified types of provider groups:
c: lead providers, or specified types of lead providers.
2: The Minister may, by written notice to a provider group or lead provider, issue a Government policy or priority that applies in relation to the group or provider.
3: A provider group or lead provider must take all reasonable steps to comply with any Government policy or priority—
a: published under subsection (1); or
b: notified under subsection (2).
4: In this section, comply
31I: Entry into secondary-tertiary programme
1: A student who is enrolled in any of the following may apply to a provider group or lead provider for his or her entry into a secondary-tertiary programme:
a: a secondary school:
b: a composite school:
c: a school that is registered under section 35A
d: a special school that is a relevant school within the meaning of section 246.
2: Approval for a student's entry into a secondary-tertiary programme is at the discretion of the provider group or lead provider.
31J: Provider group or lead provider to notify student and parents about any school attendance requirement
The provider group or lead provider co-ordinating a participating student's secondary-tertiary programme must take all reasonable steps to notify the student and his or her parents in writing about any portion of the programme during which the student's participation in the programme requires his or her attendance at school.
31K: Withdrawal from secondary-tertiary programme
1: A participating student may withdraw from his or her secondary-tertiary programme at any time.
2: A provider group or lead provider (as the case may be) may withdraw its approval for a student's participation in a secondary-tertiary programme after consulting with the student.
31L: Foreign students and secondary-tertiary programmes
A provider group or lead provider must not approve the entry of a foreign student (other than an exempt student) into a secondary-tertiary programme if to do so would result in the provider excluding from entry to the programme any domestic student, or any exempt student, who has applied for entry into the programme and is otherwise eligible to participate in the programme.
11: New headings and sections 35A to 35R substituted
Sections 35A to 35C Registration of private schools
35A: Provisional and full registration of private schools
1: The managers of an unregistered or proposed private school must apply to the Secretary, on a form provided by the Secretary for the purpose, for its provisional registration as a primary, secondary, or special private school, or as a school of 2 or all of those descriptions.
2: The Secretary must provisionally register a school in respect of which an application is made under subsection (1) as a school of the description or descriptions concerned if he or she is satisfied that the school or proposed school meets or is likely to meet the criteria for registration as a private school.
3: Provisional registration of a school or proposed school continues—
a: for 12 months (unless it is revoked earlier); or
b: until the expiry of any period specified by the Secretary under subsection (4).
4: The Secretary may renew the provisional registration of a school only once, for a period specified by the Secretary, if he or she is satisfied that—
a: exceptional circumstances exist in relation to the school; and
b: the school is likely to meet the criteria for registration as a private school in that period.
5: The Secretary may request a further review, in addition to the review under section 35I(2)
6: The Secretary must fully register a school as a school of the description or descriptions concerned if he or she is satisfied, having considered any report under section 35I(4)
35B: Secretary may require application for registration of school
The Secretary may require the managers of a school that is not registered under section 35A Criteria for registration as private school
35C: Criteria for registration as private school
The criteria for registration as a private school under section 35A
a: has premises that are suitable, as described in section 35D
b: usually provides tuition for 9 or more students who are of or over the age of 5 years but are under the age of 16 years; and
c: has staffing that is suitable to the age range and level of its students, the curriculum taught at the school, and the size of the school; and
d: has equipment that is suitable for the curriculum being delivered or to be delivered at the school; and
e: has a curriculum for teaching, learning, and assessment and makes details of the curriculum and its programme for delivery available for parents; and
f: has suitable tuition standards, as described in section 35F
g: has managers who are fit and proper persons (as described in section 35G
35D: Suitable premises
1: Suitable premises for a school registered under section 35A
2: Subsection (1) applies to all premises used by the school for the regular delivery of courses, whether or not the managers of the school own or lease the premises for the school.
35E: Additional and substituted premises to be approved
1: The managers of a school registered under section 35A
2: The circumstances are that the managers of the school propose that the school is to occupy—
a: premises that are in addition to its current premises; or
b: different premises that are to replace the premises currently occupied by the school.
3: When considering whether to grant approval of premises under subsection (1), the Secretary must consider whether the premises are suitable, as described in section 35D
35F: Tuition standards
1: Tuition of a suitable standard at a school registered under section 35A
2: In assessing the standard of tuition, the mode of curriculum delivery and the regularity of instruction must be considered.
35G: Managers to be fit and proper persons
1: In assessing whether a person who is a manager of a school is a fit and proper person to be a manager of a school registered under section 35A
a: any conviction for a serious criminal activity:
b: any health problems that may affect the person's ability to comply with his or her obligations towards the school and its students:
c: any adjudication of bankruptcy under the Insolvency Act 2006 or the Insolvency Act 1967, or prohibition from being a director or promoter of, or being concerned or taking part in the management of, a company under any of sections 382, 383, 385, and 386A of the Companies Act 1993:
d: any previous cancellation under this Act or section 186 of the Education Act 1964 of the registration of a school of which the person was a manager:
e: any serious breach of the person's statutory duties as manager of a school registered under section 35A
f: any conviction for an offence under section 35R
g: all other relevant matters.
2: If the manager of a school is—
a: a company, the assessment under subsection (1) applies to its directors:
b: an incorporated society or an incorporated trust board, the assessment under subsection (1) applies to its members.
3: When the management of a school registered under section 35A Managers to advise Secretary of private school ceasing operation
35H: Managers must advise Secretary of school ceasing operation
The managers of a school registered under section 35A
a: that the school will cease to operate as a school; and
b: of the date on which the school will cease to operate as a school. Review of private schools registered under section 35A
35I: Review of schools registered under section 35A
1: As soon as practicable after provisionally registering a school or proposed school under section 35A(2)
2: The Chief Review Officer must ensure that a review officer reviews any school that is provisionally registered under section 35A(2)
a: between 6 and 12 months after the provisional registration of the school or proposed school; or
b: earlier, by agreement with its managers.
3: The Chief Review Officer must ensure that a review officer conducts a further review of a school that has had its provisional registration renewed under section 35A(4) section 35A(5)
4: The Chief Review Officer must ensure that a review officer who conducts a review under subsection (2) or (3) prepares a written report in relation to the review and gives copies of it to the Secretary and the school's manager.
5: The Chief Review Officer must ensure that a school, while registered under section 35A(6)
6: The Chief Review Officer must also ensure that the review officer who conducts a review under subsection (5)—
a: prepares a written report on the review; and
b: gives copies of it to the Secretary and the school's principal (or other chief executive) and managers.
7: A review officer's written report on a review under this section must also include—
a: information as to whether the school meets the criteria for registration as a private school; and
b: information as to the areas in which improvement is required, if it does not meet the criteria. Actions by Secretary in regard to schools registered under section 35A
35J: Secretary's actions in regard to schools registered under section 35A
1: The Secretary may take action in regard to a school registered under section 35A
a: he or she considers that the school is not meeting all or any of the criteria for registration as a private school; or
b: a review conducted under section 35I
c: the managers of the school have breached or are breaching their statutory duties in relation to the school under this or any other enactment; or
d: he or she has reasonable grounds to believe that serious criminal activity is occurring in the school.
2: If the Secretary is satisfied that any 1 or more of the grounds set out in subsection (1) exist in relation to a school registered under section 35A
a: issue the school's managers with a notice to comply:
b: require the managers of a school to inform parents of the students at the school that the school is not meeting the criteria for registration as a private school:
c: impose conditions on the school's registration:
d: impose a requirement or requirements under any 1 or more of paragraphs (a) to (c), and suspend the school's registration:
e: cancel the school's registration under section 35M
3: Any action taken by the Secretary under subsection (2)—
a: must be proportionate to the seriousness of the school's situation; and
b: is in addition to any fine incurred or other penalty imposed under section 35R
35K: Suspension of registration if welfare of students may be at risk
The Secretary may at any time suspend the registration of a school registered under section 35A
a: that it is unlikely that the risk can be managed by any practicable means other than by suspension of the registration; or
b: that, although the risk could be managed by means other than by suspension of the registration, the amount of time necessary to do so is likely, in the opinion of the Secretary, to be excessive.
35L: Duration of suspension
1: Suspension under section 35J(2)(d)
a: is satisfied that the managers of the school have complied with all requirements imposed by him or her under any of paragraphs (a) to (c) of section 35J(2)
b: cancels the school's registration under section 35M
2: Suspension under section 35K
a: is satisfied that the welfare of the students at the school is no longer at risk; or
b: cancels the school's registration under section 35M section 35J(2)
35M: Process for cancellation of registration
1: The Secretary may cancel the registration of a school if, following an action by him or her taken under any of paragraphs (a) to (d) of section 35J(2)
a: the school—
i: does not improve sufficiently to meet the criteria for registration under section 35A
ii: is not likely to do so, in the opinion of the Secretary, within a further reasonable time; or
b: the managers of the school are continuing in breach of their statutory duties in relation to the school; or
c: serious criminal activity continues to occur in the school.
2: Before cancelling a school's registration under subsection (1), the Secretary must—
a: take reasonable steps to obtain and consider any relevant information, including any report by a review officer; and
b: give written notice to the managers of the school that he or she is considering cancelling the school's registration, and give reasons; and
c: give the managers of the school a reasonable opportunity to respond to the notice. Grants for private schools
35N: Grants for private schools
1: The Minister may make grants to the managers of schools registered under section 35A
2: The Minister must determine the amount of each grant made under subsection (1).
3: A grant may be made unconditionally, or subject to conditions determined by the Minister.
4: The managers of a school to which a grant is made subject to conditions must take all reasonable steps to ensure that the conditions are complied with.
35O: Record-keeping in relation to grants to private schools
1: The managers of a school to which a grant has been made unconditionally under section 35N
a: in respect of the year in which the grant was made and the year after; and
b: in a manner approved by the Minister.
2: The records must—
a: show fully and correctly all the managers' financial transactions, assets, liabilities, and funds; and
b: be available for inspection at all reasonable times by any employee of the Ministry approved by the Secretary for the purpose.
3: The managers of a school to which a grant under section 35N
a: in respect of the year in which the grant was made and the year after; and
b: in a manner approved by the Minister.
4: The records must—
a: show fully and fairly—
i: any of the managers' financial transactions, assets, liabilities, and funds, that relate to or are or were affected by the making of the grants; and
ii: that the conditions have been complied with; and
b: be available for inspection at all reasonable times by any employee of the Ministry approved by the Secretary for the purpose.
5: For the purposes of this section and section 35P
a: at the close of the day specified by the Minister for the purpose; or
b: at the close of 30 June, if the Minister has not specified a day for the purpose.
35P: Providing accounts to Secretary
As soon as practicable after the end of each financial year during which a school's managers are required by section 35O
a: have prepared an income and expenditure account, showing all financial transactions for the year records of which are required to be kept; and
b: have the account audited by a chartered accountant; and
c: give the Secretary copies of the account and the audit report on it. Suspensions and expulsions from private schools
35Q: Suspensions and expulsions of students from private schools to be notified to Secretary
1: Immediately after a student has been suspended from attendance at, or expelled from, a school registered under section 35A
a: written notice of—
i: the student's name and last known address; and
ii: the day on which the student was suspended or expelled or, if the student was first suspended and later expelled, the days on which the student was suspended and expelled, and the length of the suspension; and
b: a written statement of the reasons for the student's suspension or expulsion.
2: Unless the student is within a reasonable time reinstated at the school or enrolled at some other registered school, the Secretary must (if the student is younger than 16) and may (if the student is 16 or older)—
a: arrange for the student to be enrolled at some other reasonably convenient registered school that the student can attend; or
b: direct the board of a State school that is not an integrated school to enrol the student at the school; and, in that case, the board must do so; or
c: direct a parent of the student to have the student enrolled at a correspondence school.
3: The Secretary must not give a direction under subsection (2) unless he or she has also made all reasonable attempts to consult the student, the student's parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student's education or welfare.
4: A direction under subsection (2)(b) overrides section 11M.
5: To the extent that there is any inconsistency between this section and a contract of enrolment at the school, this section prevails. Offences in relation to private schools
35R: Offences in relation to operation of private schools
1: A manager of a private school that is not registered under section 35A
2: A manager of a private school that is registered under section 35A
3: The managers of a private school that is registered under section 35A
4: A person who commits an offence under this section is liable on summary conviction to a fine not exceeding $200 for every day or part of a day on which the offence took place.
12: Entry where school suspected of being unregistered
1: The heading to section 78B private where
2: Section 78B(1) school in contravention of section 35A(12) private school in contravention of section 35R
3: Section 78B(3) school in contravention of section 35A(12) private school in contravention of section 35R
4: Section 78B(5) school in contravention of section 35A(12) private school in contravention of section 35R
13: Interpretation
The definition of authorisation section 120 persons people
14: Restrictions on appointment of teachers
Section 120A
1: An employer must not appoint to a teaching position—
a: any person—
i: whose registration has been cancelled; and
ii: who has not since been registered again; or
b: any person whose practising certificate is suspended under section 139AU or 139AW(1)(d); or
c: any person whose authorisation has been cancelled, and who has not since—
i: been authorised again; or
ii: been registered as a teacher; or
d: any person whose limited authority to teach is suspended under section 139AU or 139AW(1)(d).
15: Restrictions on continued employment of teachers
Section 120B
1: An employer must not continue to employ in a teaching position—
a: any person—
i: whose registration has been cancelled; and
ii: who has not since been registered again; or
b: any person whose practising certificate is suspended under section 139AW(1)(d); or
c: any person whose authorisation has been cancelled, and who has not since—
i: been authorised again; or
ii: been registered as a teacher; or
d: any person whose limited authority to teach is suspended under section 139AW(1)(d).
16: New section 120C inserted
The following section is inserted after section 120B
120C: Restrictions on activities of teachers whose practising certificate or limited authority to teach subject to interim suspension
1: This subsection applies to a person employed in a teaching position if—
a: he or she holds a practising certificate that is suspended under section 139AU; or
b: he or she has a limited authority to teach that is suspended under section 139AU.
2: While subsection (1) applies to a person, his or her employer—
a: must ensure that he or she does not carry out any of the duties of the teaching position concerned; and
b: if the person is employed at a registered school (within the meaning of section 2(1)) or an early childhood education and care service, must take all reasonably practicable steps to ensure that he or she does not undertake any activities that might bring him or her into contact with students enrolled at the school or, as the case may be, children who attend the service.
3: While subsection (1) applies to a person, he or she must not carry out any of the duties of the teaching position concerned.
17: Matching of register information and information about payment of teacher salaries at payrolled schools
1: Section 128A(1)(b) and relieving teachers regular teachers
2: Section 128A(2)(a) and relieving teachers regular teachers
3: Section 128A(3)(b) teachers regular teachers and relieving teachers in receipt of salaries at payrolled schools
4: Section 128A(4) relieving teacher regular teacher
18: Cancellation of registration as teacher and cancellation of limited authority to teach
1: Section 129(1)(d) 139AZC(8)(c) 139AZCB(b)
2: Section 129(4) 139AZC(8)(c) 139AZCB(b)
19: Practising certificates
Section 130
7: This subsection applies to a renewed practising certificate issued to a person if—
a: the practising certificate he or she already holds when the renewed certificate is issued is suspended under section 139AU; or
b: he or she does not already hold a practising certificate when the renewed certificate is issued; but—
i: the practising certificate he or she last held was suspended under section 139AU when it expired; and
ii: its suspension was not due to expire until a time after the issue of the renewed certificate.
8: A renewed practising certificate to which subsection (7) applies must be treated as being suspended under section 139AU; and its suspension expires when the suspension of the previous practising certificate held by its holder would have expired.
20: Offences
Section 137(1)
fa: being the employer of a person to whom section 120C(1)
fb: being the employer of a person to whom section 120C(1) section 35A
fc: being a person to whom section 120C(1)
21: Interpretation
Section 139AB authorised person authorised person authority
22: Interim suspension until complaint of possible serious misconduct concluded
1: The heading to section 139AU complaint of matter about or involving
2: Section 139AU
1: At any time between when the Complaints Assessment Committee receives a complaint or receives or becomes aware of a report that is about or involves a teacher's possible serious misconduct and when the matter is concluded (as specified in section 139AUA(6)), the Complaints Assessment Committee may apply to the chairperson of the Disciplinary Tribunal for an interim suspension of the teacher's practising certificate or authority.
3: Section 139AU
4: Section 139AU(2) or (1A)
23: Duration of interim suspension
Section 139AUA(6)
a: inserting and section 139AU this section
b: inserting or report complaint
24: Appeals
Section 139AZB(1) 139AZC 139AZCB
25: Complaints about competence
Section 139AZC
26: New sections 139AZCA and 139AZCB inserted
The following sections are inserted after section 139AZC
139AZCA: Investigation of mandatory reports about competence
1: When investigating a report under section 139AK or 139AN about a teacher's competence, the Teachers Council may ask the teacher's employer or former employer for information in addition to the information supplied in the report.
2: When the Teachers Council asks an employer or former employer for information under subsection (1), the employer or former employer must provide the information as requested by the Teachers Council.
3: When a report is made under section 139AK or 139AN by a member of the Teachers Council, that member must not be involved in any investigation of the report.
139AZCB: Powers of Teachers Council after finding required level of competence not attained
Following an investigation of a complaint under section 139AZC, or following receipt of a report under section 139AK or 139AN and any investigation of the report, the Teachers Council may, if satisfied that the teacher has not attained the required level of competence,—
a: do any 1 or more of the following:
i: impose conditions on the teacher's practising certificate or authority:
ii: refer the teacher to an impairment process which may involve either or both of the following:
A: assessment of an impairment:
B: assistance with an impairment:
iii: annotate the register or the list of authorised persons in a specified manner, in relation to any action taken under subparagraph (i); or
b: order that the teacher's registration or authority be cancelled ( see
27: No corporal punishment in early childhood services or registered schools
1: Section 139A(1)(b) (within the meaning of section 35A(1)) of a private school of a school registered under section 35A
2: Section 139A(2)(b) (within the meaning of section 35A(1)) of a private school of a school registered under section 35A
28: Secretary may require information for proper administration of Act
1: Section 144A(1)(c) (within the meaning of section 35A(1)) of any private school registered under that section of any school registered under section 35A
2: Section 144A
2: For the purposes of the provisions of this Act relating to the registration and inspection of private schools, the following information is relevant to the question of whether or not a school meets the criteria for registration as a private school:
a: information that is required under subsection (1) to be given to the Secretary; and
b: information that is reasonably necessary or desirable for the Secretary to have for the proper administration of this Act.
29: Roles within tertiary education sector
Section 159AD
1: The Ministry is the Minister's principal policy adviser on tertiary education matters.
30: Functions of Commission
1: Section 159F(1)
b: to provide advice to the Minister on the activities and performance of tertiary education organisations and the tertiary education sector generally; and
2: Section 159F(1)
c: to provide advice to the Minister on the implementation of policy and on the operational implications of new policy initiatives; and
31: Grant or refusal of application
1: Section 236(1)(c) and the notice made under section 236AB section 236A
2: Section 236(1)(d)(ii) domestic every
3: Section 236(1)(d)(iii) domestic every
4: Section 236(1)(d)
iiia: allows, or will allow, every foreign student enrolled for a course of study or training (other than a course of less than 3 months' duration) to withdraw from it at any time within the period specified in the notice made under section 236AB
iiib: refunds, or will refund, to every foreign student who so withdraws, without deduction, at least so much of any payment, or of the sum of any payments, made by the student to the establishment in respect of that course, and, if withdrawal from that course also constitutes withdrawal from the establishment as a whole, in respect of enrolment at the establishment, as exceeds the percentage specified in the notice made under section 236AB
5: Section 236
5: For the purposes of this section, first day of the course for which the attendance of students at the establishment is required
32: Information, withdrawals, and refunds
1: Section 236A(1)(c) domestic every
2: Section 236A(1)(d)
a: inserting domestic every
b: adding ; and
3: Section 236A(1)
e: allow every foreign student enrolled for a course of study or training that is a course of 3 months or more to withdraw from it at any time within the period specified in the notice made under section 236AB
f: refund to every foreign student who so withdraws, without deduction, at least so much of any payment, or of the sum of any payments, made by the student to the establishment in respect of that course, and, if withdrawal from the course also constitutes withdrawal from the establishment as a whole, in respect of enrolment at the establishment, as exceeds the percentage specified in the notice made under section 236AB
g: allow every foreign student enrolled for a course of study or training that is of less than 3 months' duration to withdraw from it within a period (being less than 7 days) specified by the Qualifications Authority; and
h: refund to every foreign student who so withdraws a minimum amount or proportion, specified by the Authority, of any payments made by the student to the establishment in respect of the course.
4: Section 236A
2: If a student has made any payment or payments to an establishment in respect of the student's enrolment or participation in a course of study or training before the expiry of the period for withdrawal from the course specified in subsection (1)(c), (e), or (g) (as the case may be),—
a: the establishment must ensure that there is paid to an independent person approved by the Qualifications Authority for the purpose out of that payment or those payments, to be held in trust to be available for refund to the student under paragraph (d), (f), or (h) of subsection (1) (as the case may be), an amount equal to the amount required to be refunded to the student under that paragraph; and
b: if satisfied that the student withdrew from the course within the period specified in subsection (1)(c), (e), or (g) (as the case may be), the person must pay the amount held to the student; and
c: if satisfied that the student did not withdraw from the course within the period specified in subsection (1)(c), (e), or (g) (as the case may be), the person must (as the case requires) pay the amount held to the establishment, or hold it for the establishment's creditors.
5: Section 236A
3: For the purposes of this section, first day of the course for which the attendance of students at the establishment is required
33: New section 236AB inserted
The following section is inserted after section 236A
236AB: Refund requirements set by
Gazette
1: The Minister must specify, by notice in the Gazette section 236A(1)(f)
a: the period within which a foreign student may withdraw from a course of 3 months or more and be entitled to a refund under that section; and
b: the maximum percentage of the payment or payments that an establishment may retain; and
c: the cost components of the fee total on which the maximum percentage is determined; and
d: the expenses or categories of expense that the establishment must show that it has incurred in relation to a foreign student in order to deduct the maximum percentage.
2: Before giving notice in the Gazette
a: private training establishments:
b: sector and industry representative organisations:
c: any other relevant bodies.
3: A notice under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and for the purposes of the Acts and Regulations Publication Act 1989.
34: Meaning of early childhood education and care centre
1: Section 310(2)
ha: any premises, during any period of use for the education or care of 3 or more children under the age of 6, none of whom attends for any period exceeding 2 hours per day, in circumstances where the children's parents or caregivers are—
i: in close proximity to the children and are able to be contacted; and
ii: able to resume responsibility for the children at short notice:
2: Section 310(3) any of paragraphs (a) to (h) or paragraph (i) of described in Amendments to Education Act 1964
35: Amendments to Education Act 1964
1: This section amends the Education Act 1964
2: Section 2(1) private primary school private school private secondary school
3: The definition of secondary education section 2(1) private secondary school secondary private school registered under section 35A 2010-12-21 Education Act 1964 Amendment to Education (Polytechnics) Amendment Act 2009
36: Amendment to Education (Polytechnics) Amendment Act 2009
1: This section amends the Education (Polytechnics) Amendment Act 2009
2: Section 17 2010-12-21 Education (Polytechnics) Amendment Act 2009 Transitional provision
37: Continuation of registration if school registered under repealed section 35A
1: In this section,—
a: old section 35A section 11
b: new section 35A section 35A section 11
2: A school that, immediately before new section 35A
3: Despite subsection (2), the managers of a school to which that subsection applies must comply with the criteria for registration as a private school under new section 35A
4: A school that, immediately before new section 35A
5: Despite subsection (4), when the Secretary is deciding whether to fully register a school to which that subsection applies, he or she must do so as if—
a: old section 35A had not been repealed by section 11
b: he or she were considering under old section 35A whether to fully register a provisionally registered school.


1: Title
This Act is the Health and Safety in Employment Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Health and Safety in Employment Act 1992 2010-12-21 Health and Safety in Employment Act 1992
4: Interpretation
Section 2(1) limited child care centre
a: in close proximity to the children and are able to be contacted; and
b: able to resume responsibility for children at short notice limited child care service provider .
5: Purpose
The purpose of this Act is to ensure that only suitable people are employed to supervise children in limited child care centres.
6: New heading and sections 13A to 13E inserted
The following new heading and sections are inserted after section 13 Duties of employers in relation to Police vetting of employees at limited child care centres
13A: Limited child care centre employees must be suitable
A limited child care service provider must take all practicable steps to ensure every employee employed to care for children in a limited child care centre is suitable for that role.
13B: Police vetting of employees at limited child care centres
The service provider of a limited child care centre must obtain a Police vet of every person—
a: whom the service provider employs, or intends to employ, in a position at the limited child care centre; and
b: who is to work at the service during normal opening hours; and
c: who is not a registered teacher or holder of a limited authority to teach.
13C: Police vetting of contractors and their employees who work at limited child care centres
1: The service provider of a limited child care centre must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to children at the centre during normal opening hours.
2: In this section, contractor means a person who, under contract (other than an employment contract), works at a limited child care centre.
13D: Police vet must be obtained before person has unsupervised access to children
1: A Police vet required under section 13B or 13C must be obtained before the person has, or is likely to have, unsupervised access to children at the centre during normal opening hours.
2: The service provider of a limited child care centre that is required under section 13B or 13C to obtain a Police vet of a person must apply for the vet no later than 2 weeks after the person begins work at the centre.
13E: Procedures relating to Police vets under section 13B or 13C
The service provider of a limited child care centre that applies for a Police vet of a person under section 13B or 13C—
a: must ensure that strict confidentiality is observed for Police vets; and
b: must not take adverse action in relation to a person who is the subject of a Police vet until—
i: the person has validated the information contained in the vet; or
ii: the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.


1: Title
This Act is the New Zealand Productivity Commission Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: establish the Commission as a Crown entity for the purposes of section 7
b: state the Commission's functions and powers.
4: Interpretation
In this Act, unless the context otherwise requires,— Commission section 6 productivity-related matter publicly available referring Ministers section 9(1)(a) responsible Minister
5: Act binds the Crown
This Act binds the Crown.
2: Substantive provisions
Establishment of Commission
6: Commission established
The New Zealand Productivity Commission is established.
7: Purpose of Commission
The principal purpose of the Commission is to provide advice to the Government on improving productivity in a way that is directed to supporting the overall well-being of New Zealanders, having regard to a wide range of communities of interest and population groups in New Zealand society.
8: Commission is Crown entity
1: The Commission is a Crown entity for the purposes of the Crown Entities Act 2004
2: The Crown Entities Act 2004 Commission's functions
9: Commission's functions
1: The functions of the Commission are,—
a: on referral to the Commission by the responsible Minister in conjunction with the relevant portfolio Ministers (collectively, the referring Ministers
b: on its own initiative, to—
i: undertake and publish research about productivity-related matters; and
ii: promote public understanding of productivity-related matters.
2: Except as expressly provided in this or any other Act, the Commission must act independently in performing its functions and duties and exercising its powers under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004 Commission membership
10: Members of Commission
1: The Commission must have no fewer than 3, and not more than 4, members.
2: Members of the Commission are a board for the purposes of the Crown Entities Act 2004 Conduct of Commission's work
11: Terms of reference
1: In carrying out its functions under section 9(1)(a)
2: The referring Ministers must consult with the Commission about the terms of reference for each inquiry, before making a referral to the Commission under section 9(1)(a)
3: The terms of reference may, without limitation, specify—
a: the scope of the inquiry to be undertaken; and
b: requirements concerning consultation; and
c: matters relating to the Commission working jointly with other agencies (including overseas agencies) concerned with improving productivity; and
d: the date by which the Commission must submit its report on the inquiry.
4: The Commission must ensure that the terms of reference for each inquiry are publicly available as soon as practicable after the Commission receives them.
12: Commission's procedures
1: The Commission may determine its own procedures for the performance of its functions.
2: Without limiting subsection (1), the Commission may—
a: publish and invite submissions on discussion papers and draft reports; and
b: consult with any persons, bodies, organisations, and agencies it considers necessary to ensure that a wide range of views is available to the Commission to assist it in preparing its reports.
3: Subsections (1) and (2) are subject to sections 9(2) 11 13 14
13: Submission and presentation of reports
1: The Commission must submit a copy of its final report on each inquiry referred to it under section 9(1)(a)
2: The responsible Minister must present a copy of the final report to the House of Representatives as soon as practicable after the Minister receives it.
14: Publication of reports
1: The Commission must make every report submitted in accordance with section 13(1)
2: However, no final report may be made publicly available until it has been presented to the House of Representatives by the responsible Minister. Miscellaneous provisions and amendments to other Acts
15: Access to statistical information
Section 15 repealed 1 September 2022 section 107(1) Data and Statistics Act 2022
16: Amendments to other Acts
The enactments in the Schedule 2010-12-21 Crown Entities Act 2004 Ombudsmen Act 1975