Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834856411.pdf (New Zealand)
2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 Patsy Reddy, Governor-General Order in Council At Wellington this 10th day of May 2021 Present: Her Excellency the Governor-General in Council This order is made under section 363 of the Education and Training Act 2020— (a) (b) on the advice and with the consent of the Executive Council; and on the recommendation of the Minister of Education made in accordance with section 363(3) and (4) of that Act.
Contents Title Commencement Interpretation Transitional, savings, and related provisions Council Community, Health, Education, and Social Services Workforce Development Council established Coverage of Council Performance of Council’s functions and duty Statement of strategic direction Annual report Page 2 2 3 3 3 3 3 4 5 1 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 Members of Council Membership Appointment process Matters to be considered when appointing members Disqualification from office Term of appointment Council to decide chairperson arrangements Chairperson and deputy chairperson Co-chairpersons Revocation of appointments Continuation in office Vacancies Responsibilities of members Collective duties Individual duties Accountability Personal liability Conflicts of interest Industry engagement and collaboration Industry engagement Collaboration with other workforce development councils Miscellaneous Appointment of general manager and other employees Delegation Meetings Schedule 1 Transitional, savings, and related provisions Schedule 2 Specified industries Order 5 6 7 8 8 8 9 9 10 11 11 12 12 12 13 13 14 14 15 15 16 17 18 Title This order is the Education (Community, Health, Education, and Social Ser‐ vices Workforce Development Council) Order 2021.
Commencement This order comes into force on 11 June 2021. cl 1 26 27 28 29 30 1 2 2 2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 cl 7 3 Interpretation In this order, unless the context otherwise requires,— Act means the Education and Training Act 2020 Council means the Community, Health, Education, and Social Services Work‐ force Development Council established by clause 5 learner means a learner in 1 or more of the specified industries member means a member of the Council specified industries means the industries listed in Schedule 2 tertiary education strategy means the tertiary education strategy issued under section 7 of the Act vocational education provider means a provider of vocational education or training for 1 or more of the specified industries.
4 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Council Community, Health, Education, and Social Services Workforce Development Council established This clause establishes the Community, Health, Education, and Social Services Workforce Development Council.

Coverage of Council The Council covers the specified industries.
Performance of Council’s functions and duty 5 6 7 (1) When performing its functions under section 366 of the Act, the Council must act in a manner that— (a) (b) (c) (d) contributes to an education system that honours Te Tiriti o Waitangi and supports Māori–Crown relations; and seeks to contribute to an education system that recognises the role of mātauranga Māori in ensuring fair and equitable outcomes for all people in the specified industries; and facilitates the voices of the specified industries to contribute to the crea‐ tion of a sustainable, globally engaged, and adaptive New Zealand; and seeks to contribute to an education system that provides opportunities for all people to reach their full potential and capabilities in the specified industries, including those who have been traditionally underserved by the education system; and 3 cl 8 (e) Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 seeks to engage with learners, industry (including, without limitation, employers, employees, self-employed people, volunteers, industry asso‐ ciations, and unions), tāngata whenua, stakeholders, and the other work‐ force development councils to give effect to the Council’s strategic direction; and (f) aims to support the responses to New Zealand’s current and future work‐ force needs, taking into account— (i) (ii) (iii) (iv) (v) (vi) the transition to a low-emissions and climate-resilient New Zea‐ land; and new global challenges; and emerging technologies; and global sustainability goals; and the changing nature of work; and the skills, knowledge, and qualifications that learners will need in future to achieve success for themselves and their communities; and (g) (h) seeks to actively collaborate with all other partners in the vocational education and training system towards common goals and priorities; and contributes to a well-functioning labour market system in which the spe‐ cified industries can access the skills required to meet their current and future needs.
(2) When performing its functions under section 366 of the Act, the Council must give effect to the relevant parts of the tertiary education strategy.
(3) When performing its duty under section 369(2)(b) of the Act to have regard to the needs of Māori and other population groups identified in the tertiary educa‐ tion strategy, the Council must consult— (a) (b) the iwi, hapū, or other bodies it considers on reasonable grounds repre‐ sent the interests of Māori; and the persons it considers on reasonable grounds represent those popula‐ tion groups.
The Council may appoint committees to advise it on any matters relating to the performance or exercise of its functions, duties, or powers.

Statement of strategic direction The Council must, at least once every 3 years, issue a statement setting out its strategic direction for the next 5 years.
(4) 8 (1) (2) The statement must include (without limitation)— how the Council intends to perform its functions; and how the Council intends to give effect to the relevant parts of the tertiary education strategy; and (a) (b) 4 2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 cl 10 (c) the performance measures the Council will use to assess its performance against the goals and objectives set out in the statement.
(3) Before issuing the statement, the Council must— (a) (b) engage with the specified industries to develop the statement; and consult the following on the proposed statement: (i) (ii) (iii) the Minister: vocational education providers: the persons or bodies it considers on reasonable grounds represent the interests of Māori.

(4) The Council must publish a copy of the statement on an Internet site main‐ tained by or on behalf of the Council.
9 Annual report (1) As soon as practicable after the end of each financial year, the Council must provide the specified industries and the Minister with an annual report on the operations and activities of the Council in the performance of its functions dur‐ ing that financial year.
(2) The annual report must include (without limitation)— (a) (b) the audited financial statements of the Council; and an outline of the progress the Council has made towards achieving the goals and objectives set out in its statement of strategic direction.
Members of Council 10 Membership (1) The Council comprises 8, 9, or 10 members, as determined by the Council and made up as follows: (a) (b) (c) (d) at least 1 member nominated by employers in the specified industries to represent them; and at least 1 member nominated by Māori employers in the specified indus‐ tries to represent them; and at least 1 member nominated by employees in the specified industries to represent them; and a number of additional members appointed by the Council as required to bring the total membership of the Council up to 8, 9, or 10 members as determined by the Council.
(2) The Council may co-opt 1 or 2 persons to be members if it considers it is necessary or desirable— 5 cl 11 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 (a) (b) (c) (d) (e) to ensure that the Council has an appropriate mix of skills, leadership, and experience, provided that the Council comprises no more than 10 members in total; and to provide opportunities for people of different age, ethnicity, and gender and with different ideas to develop the knowledge, skills, and experience in governance necessary to be appointed as a member of a professional governing body; and to increase opportunities for Māori, Pacific peoples, and disabled people to participate at a governance level; and to draw on the experience, knowledge, and views of learners; and to ensure that over the long term there is adequate representation of Māori with the aim of contributing towards an education system that honours Te Tiriti o Waitangi and supports Māori–Crown relationships.
11 (1) (2) Appointment process The Council must establish a selection committee to oversee the appointment of members to the Council.

The selection committee must comprise representatives of the specified indus‐ tries and, as far as is reasonably practicable, at least half (approximately) of the members must be Māori.

(3) However, a member of the Council may not be appointed to the selection com‐ mittee.
(4) The selection committee must— (a) (b) (c) seek nominations for appointment as a member under clause 10(1)(a) to (c); and invite expressions of interest for appointment as a member under clause 10(1)(d); and recommend to the Council the persons who it considers are suitable for appointment having regard to the matters set out in clause 12.
(5) When seeking nominations for an employee representative under clause 10(1)(c), the selection committee— (a) must take all reasonable steps to notify employees in the specified indus‐ tries about the process for nominating members; and (b) must ensure that the persons nominated for appointment have the sup‐ port of a sufficient number of employees in the specified industries; and (c) must not specify who is eligible to be nominated for appointment as a member except as provided for in this order.
The Council must consider the recommendations made by the selection com‐ mittee and appoint as members of the Council those persons who are best suited for appointment having regard to the matters specified in clause 12.

(6) 6 2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 cl 12 (7) A member of the selection committee may not be appointed as a member of the Council.
12 Matters to be considered when appointing members (1) When appointing members, the Council must appoint persons who have— (a) (b) (c) (d) leadership experience in at least 1 of the specified industries; and a commitment to inclusion and to addressing the needs of underserved learners; and the support of at least 1 specified industry covered by the Council; and in the case of the employee representative, the support of the New Zea‐ land Council of Trade Unions Te Kauae Kaimahi or any 1 or more other unions representing employees in the industry.
(2) In addition, the Council must, as far as is reasonably practicable, ensure that the membership of the Council as a whole— (a) (b) (c) (d) (e) (f) (g) has experience in vocational education and training; and has experience in governance and public administration; and has sufficient understanding of, and a commitment to, the principles of Te Tiriti o Waitangi as necessary for the performance or exercise of its function, duties, and powers; and has knowledge of te ao Māori, including te reo Māori and mātauranga Māori; and has diversity of age, ethnicity, gender, and ideas, with particular regard to representation of Māori, Pacific peoples, and disabled people; and includes representation of Māori consistent with the partnership prin‐ ciples of Te Tiriti o Waitangi and that at least half (approximately) of its members are Māori; and includes representatives from both large and small enterprises within the specified industries and industry associations; and (h) has knowledge, skills, and experience in relation to the following: (i) (ii) (iii) financial analysis and management: establishing new organisations, enterprises, or businesses: industry leadership, change management, or business transforma‐ tion.
(3) When appointing employee representatives under clause 10(1)(c), the Council must appoint persons who— (a) have the support of a union representing employees in 1 or more of the specified industries; or 7 cl 13 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 (b) for any specified industry in which employees in the industry are not represented by a union (or unions), have the support of a sufficient num‐ ber of employees involved in those specified industries.
13 Disqualification from office The following persons are disqualified from being members: (a) (b) (c) (d) (e) (f) (g) a person who is an undischarged bankrupt: a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unin‐ corporated body under any enactment: a person who is subject to a property order under the Protection of Per‐ sonal and Property Rights Act 1988: a person in respect of whom a personal order has been made under that Act that reflects adversely on the person’s— (i) (ii) competence to manage their own affairs in relation to their prop‐ erty; or capacity to make or to communicate decisions relating to any par‐ ticular aspect or aspects of their personal care and welfare: a person who has been convicted of an offence punishable by imprison‐ ment for a term of 2 years or more, or who has been sentenced to impris‐ onment for any other offence, unless the person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person: a member of Parliament: a person who is disqualified from holding office under an Act.
14 Term of appointment (1) When making appointments, the Council must specify a term of appointment having regard to the need to maintain continuity in membership of the Council in a calendar year.

(2) A member may be appointed for a period of between 1 and 3 years.

(3) A member may be reappointed if the total of all consecutive or non-consecu‐ tive terms does not exceed 9 years.
15 Council to decide chairperson arrangements The Council must, by resolution, determine whether to appoint— (a) (b) a chairperson and deputy chairperson under clause 16; or co-chairpersons under clause 17.

8 2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 cl 17 16 (1) (2) Chairperson and deputy chairperson This clause applies if the Council determines to appoint a chairperson and deputy chairperson under clause 15(a).
Appointment The Council may appoint 1 of the members as chairperson and one of the members as deputy chairperson, by notice in writing stating the term of appointment and the date on which the appointment takes effect.

Term of office (3) The chairperson or deputy chairperson holds that office until— (a) (b) (c) (d) they resign from that office; or they are removed from office by the Council; or they cease to hold office under clause 18; or their term of office specified on appointment expires.
(4) A person may be reappointed as chairperson or deputy chairperson for a further term.

Resignation (5) (6) (7) (8) 17 (1) (2) (3) The chairperson or deputy chairperson may, without resigning as a member, resign from that office by giving written notice to the Council.

The notice of resignation must state the date on which the resignation takes effect.
Removal The Council may, after consulting the person concerned, remove a chairperson or deputy chairperson from that office by written notice to the person (and must give a copy to the Council).

The notice of removal must state the date on which the removal takes effect.

Co-chairpersons This clause applies if the Council determines to appoint co-chairpersons under clause 15(b).
Appointment The Council may appoint 2 of the members to be co-chairpersons, by notice in writing stating the term of appointment and the date on which the appointment takes effect.
Before appointing co-chairpersons, the Council must determine a policy relat‐ ing to the functions and responsibilities of the co-chairpersons, which must include the process for determining— (a) which co-chairperson will chair each meeting; and 9 cl 18 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 (b) (c) the allocation of the duties and responsibilities between the co-chairper‐ sons; and which co-chairperson is for the time being responsible for overseeing the performance of the general manager.
(4) Subclauses (5) to (9) apply to each co-chairperson appointed under this clause.

Term of office (5) Each co-chairperson holds that office until— (a) (b) (c) (d) they resign from office; or they are removed from office by the Council; or they cease to hold office under clause 18; or their term of office specified on appointment expires.

(6) A person may be reappointed as co-chairperson for a further term.
Resignation (7) A co-chairperson may, without resigning as a member, resign from that office by giving written notice to the Council.

(8) (9) The notice of resignation must state the date on which the resignation takes effect.

Removal The Council may, after consulting the person concerned, remove a co-chair‐ person from that office by written notice to the person (and must give a copy to the Council).

(10) The notice of removal must state the date on which the removal takes effect.
18 (1) (2) Revocation of appointments The Council may revoke the appointment of a member for just cause.

The revocation of the appointment must be made by written notice to the mem‐ ber, stating— (a) the date on which the revocation takes effect, which must be no earlier than the date on which the notice is received; and (b) the reasons for the revocation.
(3) The Council may revoke the appointment of a member with as little formality and technicality, and as much expedition, as is permitted by— (a) (b) (c) the principles of natural justice; and a proper consideration of the matter; and the Council’s policy (if any) on the revocation of appointment of mem‐ bers.

(4) A member is not entitled to any compensation or other payment or benefit relating to the member ceasing, for any reason, to hold office as a member.
10 2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 cl 20 (5) 19 (1) In subclause (1), just cause includes misconduct, inability to perform the func‐ tions of office, neglect of duty, and breach of any of the collective duties of the Council or the individual duties of members (depending on the seriousness of the breach).
Continuation in office Each member continues in office (unless the member ceases to hold office) until a successor is appointed.

(2) A member may resign from office by written notice to the Council signed by the member.

(3) The resignation takes effect when the Council receives the notice or at any later time specified in the notice.
(4) A member ceases to hold office if the member— (a) (b) (c) (d) resigns; or has their appointment as a member revoked under clause 18; or becomes disqualified from being a member; or ceases to hold office in accordance with any enactment.

20 Vacancies Ordinary vacancies (1) The Council must fill an ordinary vacancy as soon as practicable using the process by which the departing member was appointed, unless that process is no longer available or applicable to the position.
Extraordinary vacancies (2) An extraordinary vacancy occurs if a member dies or ceases to hold office under clause 19(4).

(3) If an extraordinary vacancy occurs within 6 months of the expiry of the vacat‐ ing member’s term, the Council may— (a) (b) appoint a replacement; or leave the vacancy open.
(4) If an extraordinary vacancy occurs more than 6 months before the expiry of the vacating member’s term, the Council must appoint a replacement member using the process by which the departing member was appointed, unless that process is no longer available or applicable to the position.

(5) A person appointed to fill an extraordinary vacancy holds office only for the remainder of the vacating member’s term.

General (6) The powers of the Council are not affected by any vacancy in its membership.
11 cl 21 21 (1) (2) (3) Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 Responsibilities of members Collective duties The Council must act in a manner consistent with its functions, duties, and powers.

The Council must perform or exercise its functions, duties, and powers effi‐ ciently and effectively.
The Council must operate in a financially responsible manner and, for that pur‐ pose, ensure that it prudently manages its assets and liabilities.

22 Individual duties (1) A member may not contravene, or cause the contravention of, or agree to the Council contravening, the Act.

(2) A member must, when acting as a member, act with honesty and integrity.

(3) A member must, when acting as a member, act in good faith and not pursue the member’s own interests at the expense of the Council’s interests.
(4) A member must, when acting as a member, exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)— (a) (b) (c) the nature of the Council; and the nature of the action; and the position of the member and the nature of the responsibilities under‐ taken by the member.
(5) A member must— (a) (b) act in the interests of the Council as a whole; and act in a manner that promotes the performance of the functions and the duties of the Council.

(6) A member must comply with any code of conduct for members issued by the Council.
(7) A member who has information in their capacity as a member that would not otherwise be available to them may not disclose the information to any person, or make use of, or act on, the information, except— (a) (b) (c) in the performance of the Council’s functions; or as required or permitted by law; or if the member is first authorised to do so by the Council and the disclos‐ ure, use, or act in question does not, or is unlikely to, prejudice the Council.
23 Accountability (1) A member’s duties are owed to the Council.

12 2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 cl 25 (2) (3) If a member does not comply with their individual duties, the member’s appointment may be revoked.

The Council may bring an action against a member for breach of any indi‐ vidual duty.

(4) A member is not liable for a breach of an individual duty, except as provided in subclauses (2) and (3).
(5) Nothing in this clause limits or affects the member’s accountability for any‐ thing else for which the member may be liable under any Act or rule of law arising from the act or omission that constitutes the breach.
24 Personal liability A member is not personally liable for any act or omission of the Council or any loss to the Council arising out of any act or omission of the member if the act or omission was (as far as the member’s involvement is concerned)— (a) (b) in good faith; and in performance or intended performance of the functions of the Council.
25 Conflicts of interest (1) A person is interested in a matter if the person— (a) may derive a financial benefit from the matter; or (b) is the spouse, civil union partner, or de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or (c) may have a financial interest in a person to whom the matter relates; or (d) is a partner, director, or officer, or a member of a board or council or committee, of a person who may have a financial interest in a person to whom the matter relates; or (e) otherwise directly or indirectly has an interest in the matter.
(2) A member who is interested in a matter relating to the Council must disclose to the Council details of the interest as soon as practicable after the member becomes aware that they are interested.

(3) The details that must be disclosed are— (a) (b) the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or the nature and extent of the interest (if the monetary value cannot be quantified).
(4) A member who has an interest in a matter— (a) may not vote or take part in any discussion or decision of the Council or any of its committees relating to the matter, or otherwise participate in any activity of the Council that relates to the matter; and 13 cl 26 (5) 26 (1) Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 (b) may not sign any document relating to the entry into a transaction or the initiation of the matter.
In this clause, matter means the Council’s performance of its functions or the exercise of its powers or an arrangement or agreement, or a contract made or entered into, or proposed to be made or entered into, by the Council.
Industry engagement and collaboration Industry engagement The Council must make arrangements (for example, by establishing industry stakeholder groups) to ensure that the specified industries have adequate oppor‐ tunity to provide input that will assist the Council in the performance of its functions.
(2) Without limiting subclause (1), the arrangements must ensure that the specified industries are able to— (a) provide information and views— (i) (ii) (iii) (iv) (v) on the current and future skills and knowledge requirements of the specified industries; and on reviews of industry qualifications; and on career pathways into and within the specified industries; and that will assist the Council in formulating its advice to the TEC on investment in vocational education and training and workforce planning to address the needs of the specified industries; and that will assist the Council to undertake strategic workforce lead‐ ership and research and to provide advice and support to the spe‐ cified industries; and (b) raise issues and concerns about the governance, management, and oper‐ ation of the Council.
27 Collaboration with other workforce development councils The Council must— (a) (b) (c) identify the specified industries where close collaboration with another workforce development council is required to ensure that the industry training needs of those industries are met; and establish appropriate engagement models with those other workforce development councils and specified industries to ensure that the industry training needs of those industries are met; and co-ordinate its activities with other workforce development councils in the performance of its functions.
14 2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 cl 29 Miscellaneous 28 (1) Appointment of general manager and other employees The Council— (a) must appoint a person who is not a member of the Council to be its general manager; and (b) may appoint any other employees it thinks necessary for the efficient performance of its functions.
(2) The general manager— (a) is responsible for the efficient and effective management of the Council; and (b) must give effect to the policies and directions of the Council in relation to the performance of its functions.

The general manager may be referred to by any other title that the Council determines.
Delegation The Council may, by resolution and by written notice to the delegate, delegate any of its functions or powers (except the power to appoint a general manager) to— (a) (b) (c) (d) (e) any member or members of the Council: the general manager: a committee appointed by the Council: a subsidiary of the Council: any other person approved by the Council.

The power to delegate may not be further delegated.
The person to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if the delegate were the Council.

(3) 29 (1) (2) (3) (4) A person who purports to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of delegation.
(5) A delegation under this clause— (a) may be subject to any conditions that the Council thinks fit: (b) (c) (d) is revocable at any time, by notice in writing or by any other method specified in the delegation: does not prevent the Council from performing the functions or exercis‐ ing the powers: does not affect the Council’s responsibility for the actions of the person acting under delegation.
15 cl 30 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 30 Meetings (1) The chairperson or co-chairperson (as applicable) may convene meetings to be held at the time and place that the chairperson or co-chairperson determines, and must give at least 7 days’ notice in writing of those meetings to members.

(2) A meeting may be held by means of electronic communication.

(3) The quorum for a meeting is 5 of the members then holding office.
(4) All questions arising at any meeting must be decided by a majority of those members present, with the chairperson or co-chairperson for the meeting hav‐ ing a casting vote or, as applicable,— (a) (b) if the chairperson is absent, with the deputy chairperson having a casting vote; or if the co-chairperson for the meeting (as determined under clause 17(3)(a)) is absent, the other co-chairperson having a casting vote.
(5) However, if a matter that is likely to have a significant effect on the operation, management, or coverage of the Council is to be considered at the meeting, then any questions arising in connection with that matter must be decided by a 75% majority of the members present at the meeting.

(6) The Council must determine the criteria for assessing whether a matter is likely to have a significant effect.
(7) A resolution in writing signed by a majority of members is as valid as if it had been passed at a meeting of those members.

(8) An irregularity in a notice of a meeting is waived if all members entitled to receive the notice— (a) (b) attend the meeting without objection to the irregularity; or do not attend the meeting, but agree before the meeting is held to waive the irregularity.
(9) Subject to this clause, the Council may determine its own procedures for regu‐ lating meetings and conducting its affairs.

16 2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 Schedule 1 Schedule 1 Transitional, savings, and related provisions cl 4 Part 1 Provisions relating to this order as made 1 Interpretation In this schedule, commencement date means 11 June 2021.
2 (1) (2) First Council The members of the first Council must be appointed in accordance with clause 10 and 12.
For the purpose of making appointments to the first Council, the chief execu‐ tive of the TEC must— (a) establish an appointments committee comprising— (i) (ii) 5 persons representing the specified industries; and at least 2 members who are Māori; and (b) (c) seek nominations for appointment as a member under clause 10(1)(a) to (c); and invite expressions of interest for appointment as a member under clause 10(1)(d).
(3) The appointments committee must— (a) (b) determine the number of members on the Council (8, 9, or 10); and identify the persons who it considers are best suited for appointment as members of the Council having regard to the matters set out in clause 12; and (c) appoint the members of the first Council.
3 Validation of pre-commencement actions and processes regarding appointments to Council An appointment of a member to the Council by the appointments committee is valid if the action or process for appointment undertaken before the com‐ mencement date substantially complies with the membership appointment pro‐ visions of this order.
4 (1) Membership of Council reduced until all appointments made The number of members and the quorum required for a meeting under clause 30(3) is proportionately reduced until the date on which each member referred to in clause 10(1) is appointed to the Council.
17 Schedule 2 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 (2) No action of the Council is invalid merely because any member has not been appointed to the Council on the commencement date.
Schedule 2 Specified industries The coverage of the Council— (a) comprises the workforce development activities in relation to employers, voca‐ tional education providers, employees, and people seeking to be employed in work related to the following industries: cl 3 (i) (ii) (iii) (iv) (v) (vi) care services: disability services: education and educational support services: funeral, crematorium, and cemetery services: health care and health services: public order and safety: (vii) regulatory services: (viii) skin and nail therapy services: (ix) (x) social services: urban pest control; and (b) includes the level 4 industries specified in the Australia and New Zealand Standard Industrial Classification 2006 (ANZSIC), published by Statistics New Zealand, that are set out in following table: ANZSIC L4 code N731200 O771100 O771300 O771400 O771900 O772000 P801000 P802100 P802200 P802300 P802400 P810100 P810200 P821200 P821900 ANZSIC L4 description Building pest control services Police services Fire protection and other emergency services Correctional and detention services Other public order and safety services Regulatory services Preschool education Primary education Secondary education Combined primary and secondary education Special school education Technical and vocational education and training Higher education Arts education Adult, community, and other education n.e.c 18 2021/100 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 Explanatory note ANZSIC L4 code
 P822000 Q840100 Q840200 Q851100 Q851200 Q852000 Q853100 Q853200 Q853300 Q853400 Q853900 Q859100 Q859900 Q860100 Q860900 Q871000 Q879000 S951100 S951200 S952000 S954000 S960100 S960200 S960300 ANZSIC L4 description Educational support services Hospitals (except psychiatric hospitals) Psychiatric hospitals General practice medical services Specialist medical services Pathology and diagnostic imaging services Dental services Optometry and optical dispensing Physiotherapy services Chiropractic and osteopathic services Other allied health services Ambulance services Other health care services n.e.c Aged care residential services Other residential care services Child care services Other social assistance services Hairdressing and beauty services (skin therapies and nail technology only) Diet and weight reduction centre operation Funeral, crematorium, and cemetery services Religious services Private households employing staff Undifferentiated goods-producing activities of private households for own use Undifferentiated service-producing activities of private households for own use Michael Webster, Clerk of the Executive Council.
Explanatory note This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 11 June 2021, establishes the Community, Health, Education, and Social Services Workforce Development Council (the Coun‐ cil) under the Education and Training Act 2020 and sets out provisions relating to the operation of the Council, including— • • • the specified industries covered by the Council: the membership of the Council and the responsibilities of members: the Council’s engagement with the specified industries and its duty to collabo‐ rate with other workforce development councils.
19 Education (Community, Health, Education, and Social Services Workforce Development Council) Order 2021 2021/100 Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 13 May 2021.

This order is administered by the Ministry of Education.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2021 20