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2021/102 Education (Muka Tangata—People, Food, and Fibre 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 Muka Tangata—People, Food, and Fibre Workforce Development Council established Coverage of Council Performance of Council’s functions and duties Additional functions Statement of strategic direction Annual report Page 2 2 2 3 3 3 3 5 5 6 1 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 Members of Council Membership Appointment process Matters to be considered when appointing members Disqualification from office Term of appointment Chairperson Deputy chairperson 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 6 7 7 8 8 9 10 10 11 11 12 12 13 13 13 14 15 15 15 16 17 18 Title This order is the Education (Muka Tangata—People, Food, and Fibre Work‐ force Development Council) Order 2021.
Commencement This order comes into force on 11 June 2021.
Interpretation In this order, unless the context otherwise requires,— cl 1 26 27 28 29 30 1 2 3 2 2021/102 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 cl 7 Act means the Education and Training Act 2020 Council means the Muka Tangata—People, Food, and Fibre Workforce Devel‐ opment 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 vocational education or training pro‐ vider 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 Muka Tangata—People, Food, and Fibre Workforce Development Council established This clause establishes the Muka Tangata—People, Food, and Fibre Workforce Development Council.

Coverage of Council The Council covers the specified industries.
Performance of Council’s functions and duties 5 6 7 (1) When performing its functions under section 366 of the Act and its additional functions under clause 8, the Council must act in a manner that— (a) (b) (c) (d) (e) (f) facilitates and channels the industry voice: contributes to the creation of a sustainable, globally engaged, and adap‐ tive New Zealand: seeks to contribute to an education system that provides opportunities for all people in the specified industries to reach their full potential and cap‐ abilities, including those who have been traditionally underserved by the education system: contributes to an education system that honours Te Tiriti o Waitangi and supports Māori–Crown relations: seeks to contribute to an education system that helps ensure fair and equitable outcomes for all: aims to support the responses to New Zealand’s current and future work‐ force needs, taking into account— 3 cl 7 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 (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 learners will need in future, to achieve success for themselves and their communities: (g) contributes to a well-functioning labour market system in which the spe‐ cified industries can access the skills they require to meet their current and future needs.
(2) When performing its functions under section 366 of the Act, the Council must— (a) provide strategic direction and leadership in relation to the specified industries across the education and training system as a whole in collab‐ oration with— (i) (ii) (iii) (iv) (v) learners; and the specified industries (including, without limitation, employers, employees, self-employed people, volunteers, industry associ‐ ations, and trade unions); and tangata whenua; and other stakeholders as determined by the Council; and other workforce development councils; and (b) give effect to— (i) the relevant parts of the tertiary education strategy; and (ii) Ka Hikitia–Ka Hāpaitia or subsequent Māori education strategies that relate to vocational education and training; and (c) act in a manner that is consistent with goals and objectives of the voca‐ tional education system as a whole; and (d) work collaboratively with providers, including work-based trainers and employers, to ensure that qualifications, standards, and learning pack‐ ages enable successful outcomes for all learners.
(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 the persons or bodies it considers on reasonable grounds represent the interests of Māori and those population groups.

The Council may appoint committees to advise it on any matters relating to the performance or exercise of its functions, duties, or powers.
(4) 4 2021/102 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 cl 9 8 Additional functions The additional functions of the Council are— (a) (b) (c) (d) (e) to promote opportunities for all people in the specified industries to reach their full potential and capabilities by supporting quality voca‐ tional educational outcomes; and to address the needs and aspirations of priority learners in the specified industries, including Pacific learners and people with disabilities; and to advocate for, and contribute to, policies that meet the needs of the spe‐ cified industries, particularly as they relate to vocational education, career promotion and planning, and the funding of education and train‐ ing; and to provide advice to compulsory education, higher education, industry extension, and professional development providers on how the education and training system can be mobilised to build the capability required of the future workforce; and to undertake commercial work on behalf of the specified industries if it is aligned to the functions of the Council and the statement of strategic direction.
9 (1) 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.
(2) The statement must include (without limitation)— (a) (b) (c) how the Council intends to perform its functions; and how the Council intends to give effect to— (i) the relevant parts of the tertiary education strategy; and (ii) Ka Hikitia–Ka Hāpaitia or subsequent strategies for Māori educa‐ tion that relate to vocational education and training; and the performance measures that the Council will use to assess its perform‐ ance against the goals and objectives set out in the statement of strategic direction.
(3) Before issuing a 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: persons or bodies the Council considers on reasonable grounds to represent the interests of Māori.
5 cl 10 (4) Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 The Council must publish a copy of the statement on an Internet site main‐ tained by or on behalf of the Council.

10 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 Council’s operations and activities during 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 11 Membership (1) The Council comprises no fewer than 8 members and no more than 12 mem‐ bers, as determined by the Council, appointed by the Minister as follows: (a) at least 2 members to provide collective representation of employees in the specified industries, including at least 1 member to represent Māori employees, nominated by— (i) trade unions representing employees in the specified industries (including the New Zealand Council of Trade Unions Te Kauae Kaimahi and the Council of Trade Unions Runanga); or (ii) employees at large involved in the specified industries: (b) no more than 8 members nominated by employers, industry bodies, groups or associations, iwi, and Māori involved in the specified indus‐ tries, including— (i) (ii) at least 1 member nominated by industry associations to provide collective representation of employers in the specified industries; and at least 1 member nominated by Māori employers in the specified industries: (c) additional members as required to bring the total membership of the Council up to the number of members determined by the Council.
(2) The Council may co-opt other persons to be members if necessary or desirable to ensure that the Council as a whole has an appropriate mix of skills, leader‐ ship, and experience to carry out its functions, provided that the Council com‐ prises no more than 12 members.

(3) At least half (approximately) of the Council members must be Māori.
6 2021/102 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 cl 13 12 (1) Appointment process The Council must— (a) identify the knowledge, skills, and experience required by the Council, having regard to— (i) (ii) the membership provisions in clause 11; and the matters that must be considered when appointing members set out in clause 13; and (iii) the statement of strategic direction; and (b) (c) (d) (e) seek nominations for appointment as a member under clause 11(1)(a) and (b); and invite expressions of interest for appointment as a member under clause 11(1)(c); and consult with the specified industries on who would be suitable for appointment as members of the Council; and recommend to the Minister those persons who would be suitable for appointment to the Council.
(2) Before appointing a member, the Minister must— (a) (b) consider the recommendations made by the Council; and consult with the Minister or Ministers responsible for primary industries on who would be suitable for appointment as members of the Council.

(3) Every member the Minister appoints must have been nominated for appoint‐ ment under clause 11(1)(a) or (b) or have made an expression of interest for appointment under clause 11(1)(c).
13 Matters to be considered when appointing members (1) The Minister must appoint persons who— (a) (b) have knowledge, skills, and experience relevant to the strategic direction of the Council; and have, or have the ability to develop and maintain, good working relation‐ ships and connections with businesses within the specified industries.
(2) When appointing a person to be a member of the Council, the Minister must, as far as is reasonably practicable, ensure that the Council as a whole has suffi‐ cient knowledge, skills, and experience in— (a) (b) (c) (d) the specified industries; and the vocational education and training system; and public administration; and te ao Māori, mātauranga Māori, te reo Māori, and an understanding of the principles of Te Tiriti o Waitangi; and 7 cl 14 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 (e) Māori business in the specified industries.
(3) When appointing members to provide collective representation of employees under clause 11(1)(a), the Council must appoint persons who— (a) (b) have the support of a union representing employees in 1 or more of the specified industries; or in the case of specified industries in which the employees are not repre‐ sented by a union or unions, have the support of a sufficient number of employees involved in those specified industries.
14 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.
15 Term of appointment (1) When making appointments, the Minister must specify a term of appointment having regard to the need to maintain continuity in membership of the Council in each calendar year.

(2) A member may be appointed for a period of up to 3 years.

(3) A member may be reappointed for a further period of up to 3 years.
8 2021/102 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 cl 16 16 Chairperson Appointment (1) The Council must appoint one of the members to be chairperson, by notice in writing stating the term of appointment and the date on which the appointment takes effect.
Term of office (2) The chairperson holds that office until— (a) (b) (c) (d) they resign from that office; or they are removed from it by the Council; or they cease to hold office as a member; or the term of office specified on appointment expires.

(3) A person may be reappointed as chairperson for a further term.

Resignation (4) (5) (6) The chairperson may, without resigning as a member, resign from that office by 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 of the Council from that office by written notice to the person (and must give a copy to the Council).

(7) The notice of removal must state the date on which the removal takes effect.
Council may appoint 2 members to be co-chairpersons (8) The Council may appoint 2 of the members to be co-chairpersons, but must first determine a policy relating to the functions and responsibilities of the co- chairpersons including the process for determining— (a) (b) (c) which co-chairperson will chair each meeting; and 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.
(9) If the Council appoints co-chairpersons, subclauses (1) to (7) apply to each co- chairperson.

9 cl 17 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 17 Deputy chairperson Appointment (1) (2) The Council may appoint one of the members to be deputy chairperson, by notice in writing stating the term of appointment and the date on which the appointment takes effect.
If a chairperson is (or both co-chairpersons are) absent, the deputy chairperson may exercise the powers of the chairperson.

Term of office (3) The deputy chairperson holds that office until— (a) (b) (c) (d) the deputy chairperson resigns from that office; or the deputy chairperson is removed from it by the Council; or the deputy chairperson ceases to hold office as a member; or the term of office specified on appointment expires.

(4) A person may be reappointed as deputy chairperson for a further term.
Resignation (5) (6) (7) (8) 18 (1) (2) The deputy chairperson may, without resigning as a member, resign from that office by written notice to the Council.

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

Removal The Council may, after consultation with the person concerned, remove a deputy chairperson of the Council from that office by written notice to the per‐ son (and must give a copy to the Council).
The notice of removal must state the date on which the removal takes effect.

Revocation of appointments The Minister may, on the recommendation of the Council, revoke the appoint‐ ment of a member appointed under clause 11(1) for just cause.

The Council may revoke the appointment of a member co-opted under clause 11(2) for just cause.
(3) The revocation must be made by written notice to the member, 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.
The Minister or Council, as relevant, may revoke the appointment of a member with as little formality and technicality, and as much expedition, as is permitted by— (a) the principles of natural justice and tikanga Māori; and (4) 10 2021/102 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 cl 20 (b) (c) a proper consideration of the matter; and the Council’s policy, if any, on the removal of members (5) 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.
(6) 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 appointed under clause 11(1) continues in office (unless the member ceases to hold office) until a successor is appointed.
(2) A member appointed under clause 11(1) may resign from office by written notice to the Minister signed by the member.

(3) A member co-opted under clause 11(2) may resign from office by written notice to the Council signed by the member.

(4) The resignation takes effect when the Minister or Council, as required, receives the notice or at any later time specified in the notice.
(5) A member ceases to hold office if the member— (a) (b) (c) (d) resigns; or has had 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 Minister 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 when a member dies or ceases to hold office under clause 19(5).

(3) If an extraordinary vacancy occurs within 6 months of the expiry of the vacat‐ ing member’s term, the Minister 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 Minister must appoint a replacement member 11 cl 21 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 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.
Responsibilities of members 21 Collective duties The Council must— (a) (b) (c) (d) act in a manner consistent with its functions, duties, and powers; and perform or exercise its functions, duties, and powers efficiently and effectively and in a manner consistent with the spirit of service to the public and the specified industries; and ensure that it operates in a financially responsible manner and, for that purpose, that it prudently manages its assets and liabilities; and ensure as far as possible that the decisions of the Council are made openly and transparently and, in particular, that any specified industries, persons or bodies affected by matters before the Council are given an opportunity to contribute to the decisions made by the Council in rela‐ tion to those matters.
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— 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.

(a) (b) 12 2021/102 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 cl 25 (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 authorised to do so by the Council and the disclosure, 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.

(2) (3) If a member does not comply with their individual duties, that 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) This provision does not affect any other ground for removing a member from office.
(6) 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, 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, officer, or a member of a board or council or com‐ mittee of a person who may have a financial interest in a person to whom the matter relates; or 13 cl 26 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 (e) is otherwise directly or indirectly interested in the matter.
(2) A member who has an interest 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 the member is 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 (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 may establish industry stakeholder groups to enable persons or bodies having an interest in the specified industries (including, without limita‐ tion, industry associations and industry peak bodies, trade unions, learners, Māori, and Pacific peoples), as determined by the Council, to engage with the Council in relation to the performance or exercise of its functions, duties, and powers, including for the following purposes: (a) (b) (c) to gain deeper understanding of the breadth of the specified industries: to gain deeper understanding of the current, emerging and future skill requirements of employees working in the specified industries: to identify and maximise the opportunities of particular groups of learn‐ ers, including Māori, Pacific peoples, women, and people with disabil‐ ities, within the specified industries or as part of a wider group of learn‐ ers coming within the coverage of other workforce development coun‐ cils: (d) to enable the specified industries to raise issues and concerns about the governance, management, and operation of the Council.
The Council must engage with iwi, Māori, and statutory national Māori bodies connected to the specified industries to the extent necessary to give effect to the functions of the Council, including by acting in a manner that contributes to an (5) 26 (1) (2) 14 2021/102 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 cl 29 education system that honours Te Tiriti o Waitangi and supports Māori–Crown relationships.
(3) (4) The Council must engage with industry associations and industry peak bodies to understand and contribute to strategies developed by those industry associ‐ ations and industry peak bodies.

The Council must engage with unions regarding the performance or exercise of its functions, duties, and powers.
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 specified industries and other workforce development councils 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.
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 is— (a) 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— (3) 29 (1) (a) (b) any member or members of the Council: the general manager: 15 cl 30 (2) (3) Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 (c) (d) (e) 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.

(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.
30 Meetings (1) The chairperson, or co-chairperson, may convene meetings to be held at the time and place that the 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 the meetings is half of the members then holding office, roun‐ ded up to the nearest whole number, plus 1 additional member.
(4) All questions arising at any meeting may be decided by consensus but other‐ wise must be decided by a majority of those members present, with the chair‐ person or co-chairperson having a casting vote or, as applicable,— (a) (b) if the chairperson is absent, with the deputy chairperson having a casting vote: if the co-chairperson for that meeting (as determined under clause 16(8)(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 governance arrangements, operation, management, or coverage of the Council will be con‐ sidered at the meeting, any questions arising in connection with that matter will require a two-thirds 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.
16 2021/102 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 Schedule 1 (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 the waiver of the irregularity.
(9) Subject to this clause, the Council may determine its own procedures for regu‐ lating meetings and conducting its affairs.

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 by the Minister in accord‐ ance with clauses 11 and 13.
For the purpose of making appointments to the first Council, the chief execu‐ tive of TEC must— (a) establish a nominations committee comprising 5 persons representing the specified industries, which must include— (i) (ii) at least 1 member to represent employees; and at least 1 member to represent employers; and (iii) at least 1 member to represent Māori employers; and (b) (c) seek nominations for appointment as a member of the Council under clause 11(1)(a) or (b); and invite expressions of interest for appointment as a member of the Coun‐ cil under clause 11(1)(c).
(3) The nominations committee must— (a) determine the composition of the Council in accordance with clause 11, including the number of members on the Council (8, 9, 10, 11, or 12) and how the members appointed under clause 11(1)(c) are to be selected; and 17 Schedule 2 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 (b) present to the Minister a list of candidates who it considers are suitable for appointment as members of the Council, having regard to the matters set out in clause 13.
The Minister must consider the list of candidates and appoint as members of the first Council those persons who are best suited for appointment as a mem‐ ber, having regard to the matters set out in clause 13.

The members of the first Council may be appointed for a term of between 6 and 18 months.
Validation of pre-commencement actions and processes regarding appointments to Council An appointment of a member to the Council by the Minister is valid if the action or process for appointment undertaken before the commencement date substantially complies with the membership requirements of this order.
Membership of Council reduced until all appointments made The number of members and the quorum required for a meeting under clause 30(5) are proportionately reduced until the date on which each member referred to in clause 11(1) is appointed to the Council.

(4) (5) 3 4 (1) (2) No action of the Council is invalid merely because a member has not been appointed to the Council on the commencement date.
Schedule 2 Specified industries cl 3 The coverage of the Council comprises the workforce development activities in rela‐ tion to employers, vocational education providers, employees, and people seeking to be employed in work related to 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 the following table: ANZSIC L4 Code A011100 A011200 A011300 A011400 A011500 A012100 A012200 A012300 A013100 A013200 A013300 ANZSIC L4 Description Nursery production (under cover) Nursery production (outdoors) Turf growing Floriculture production (under cover) Floriculture production (outdoors) Mushroom growing Vegetable growing (under cover) Vegetable growing (outdoors) Grape growing Kiwifruit growing Berry fruit growing 18 2021/102 Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 Schedule 2 ANZSIC L4 Code A013400 A013500 A013600 A013700 A013900 A014100 A014200 A014300 A014400 A014500 A014600 A014900 A015100 A015200 A015900 A016000 A017100 A017200 A018000 A019100 A019200 A019300 A019900 A020100 A020200 A020300 A030100 A030200 A041100 A041200 A041300 A041400 A041900 A042000 A051000 A052100 A052200 A052900 C112000 C121400 E329100 F331100 F331200 F331900 ANZSIC L4 Description Apple and pear growing Stone fruit growing Citrus fruit growing Olive growing Other fruit and tree nut growing Sheep farming (specialised) Beef cattle farming (specialised) Beef cattle feedlots
 (specialised) Sheep-beef cattle farming Grain-sheep or grain-beef cattle farming Rice growing Other grain growing Sugar cane growing Cotton growing Other crop growing n.e.c.
Dairy cattle farming Poultry farming (meat) Poultry farming (eggs) Deer farming Horse farming Pig farming Beekeeping Other livestock farming n.e.c.
Offshore and longline and rack aquaculture Offshore caged aquaculture Onshore aquaculture Forestry Logging Rock lobster and crab potting Prawn fishing Line fishing Fish trawling, seining, and netting Other fishing Hunting and trapping Forestry support services Cotton ginning Shearing services Other agriculture and fishing support services Seafood processing Wine and other alcoholic beverage manufacturing Landscape construction services Wool wholesaling Cereal grain wholesaling Other agricultural product wholesaling 19 Explanatory note Education (Muka Tangata—People, Food, and Fibre Workforce Development Council) Order 2021 2021/102 ANZSIC L4 Code F360400 G412200 M697000 N731300 R912100 R912900 ANZSIC L4 Description Fish and seafood wholesaling Fruit and vegetable retailing Veterinary services Gardening services Horse and dog racing administration and track operation Other horse and dog racing activities 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 Muka Tangata— People, Food, and Fibre Workforce Development Council (the Council) 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.
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