Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698841564621.pdf (New Zealand)
Reprint as at 1 July 2014 Crown Research Institutes Act 1992 Public Act Date of assent Commencement 1992 No 47 15 June 1992 see section 1(2) Contents Title Short Title and commencement Interpretation Act to bind the Crown Part 1 Principles Purpose of Crown Research Institutes Principles of operation Ministers and their role Directors and their role Appointment of chief executives [Repealed] Collective agreements Treaty of Waitangi Page 3 3 4 6 6 6 7 7 9 9 9 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.
1 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 Part 2 Formation and ownership of Crown Research Institutes Application of Crown Entities Act 2004 to Crown Research Institutes Establishment of Crown Research Institutes Provisions relating to Crown entity subsidiaries of Crown Research Institutes Acquisition of shares or interests in companies, trusts, and partnerships Further provisions relating to Ministers’ shareholding [Repealed] Powers of shareholding Ministers Part 3 Accountability Statement of corporate intent Annual report, financial statements, and dividend Half-yearly reports Information to be laid before House of Representatives Other information Auditor-General to be auditor of Crown Research Institutes and subsidiaries Protection from disclosure of sensitive information Part 4 Transfer of assets to Crown Research Institutes Interpretation relating to transfer of assets and liabilities Transfer of Crown assets and liabilities to Crown Research Institutes Assets relating to land and interests in land may be transferred separately Further provisions relating to transfer of assets and liabilities Crown may continue to take benefit of provisions relating to compensation or liability Transfer of assets where certain terms and conditions prescribed by statute Provisions relating to transfer of land Modification of provisions of Public Works Act 1981 Obligation to lodge caveat Transfer of land not to constitute a subdivision or development 10 10 11 11 12 12 13 23
10 11 11 12 12 13 26 27 28 29 30 10A 26 27 28 29 30 31 32 2 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Land Settlement Promotion and Land Acquisition Act 1952 not to apply Uses deemed to be permitted activity [Repealed] Title to land Land certification Certification of easements Orders in Council relating to transfer of assets and liabilities Transfer of employees Protection of conditions of employment upon transfer Employment of transferred employees deemed to be continuous Part 5 Miscellaneous provisions Saving of certain transactions Prime Minister may give directions to Crown Research Institutes Compensation may be paid to Crown Research Institutes Archives Act 1957 to apply [Repealed] Amendments and repeal Amendments to Scientific and Industrial Research Act 1974 [Repealed] Repeal of Scientific and Industrial Research Act 1974 Amendments to Fertilisers Act 1982 Schedule 1 Enactments amended Schedule 2 Enactments repealed s 1 30 30 30 31 32 32 33 34 35 35 35 37 37 37 37 37 38 39 41 An Act to provide for the formation of Crown-owned companies to undertake scientific research and other related activities, and to provide for matters incidental thereto 1 (1) (2) Short Title and commencement This Act may be cited as the Crown Research Institutes Act 1992.
Except as provided in sections 46(3), 47(3), 48(5), and 49(3), this Act shall come into force on 15 June 1992.
3 s 2 2 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 Interpretation In this Act, unless the context otherwise requires,— board, in relation to a Crown Research Institute or a Crown entity subsidiary of a Crown Research Institute, has the same meaning as in section 127 of the Companies Act 1993 constitution, in relation to a Crown Research Institute, means the constitution of the Crown Research Institute under section 29 of the Companies Act 1993 Crown entity subsidiary has the same meaning as in the sec- ond column of section 7(1)(c) of the Crown Entities Act 2004 Crown Research Institute means a company established as a Crown Research Institute under section 11 financial statements, in relation to a Crown Research Insti- tute, means— (a) group financial statements within the meaning of sec- tion 7 of the Financial Reporting Act 2013 for the group comprising the Crown Research Institute and its Crown entity subsidiaries; or if the Crown Research Institute does not have any Crown entity subsidiaries, financial statements within the meaning of section 6 of the Financial Reporting Act 2013 for the Crown Research Institute (b) generally accepted accounting practice has the same mean- ing as in section 8 of the Financial Reporting Act 2013 multi-parent subsidiary has the same meaning as in section 10 of the Crown Entities Act 2004 parent Crown Research Institute has the same meaning as in section 8 of the Crown Entities Act 2004, with any necessary modifications research means scientific research;
 and includes scientific de- velopment and related services responsible Minister means,— (a) in relation to a Crown Research Institute, the Minister of Finance and the other shareholding Minister or Min- isters: in relation to a Crown entity subsidiary of a Crown Re- search Institute, a responsible Minister of the parent Crown Research Institute (b) 4 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 s 2 science includes the physical sciences, the biological sciences, and the social sciences; and also includes technology; and sci- entific has a corresponding meaning shareholding Ministers has the same meaning as in section 10 of the Crown Entities Act 2004 statement of corporate intent, in relation to a Crown Re- search Institute, means the current statement of corporate in- tent for the Crown Research Institute prepared pursuant to sec- tion 16.
Section 2 board: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2 constitution: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2 Crown entity subsidiary: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2 Crown entity subsidiary: amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 2 Crown Research Institute: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2 financial statements: inserted, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2 generally accepted accounting practice: inserted, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
Section 2 multi-parent subsidiary: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2 parent Crown Research Institute: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2 parent Crown Research Institute: amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 2 responsible Minister: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2 rules: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2 shareholding Ministers: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2 sitting day: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 2 subsidiary: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

5 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 Act to bind the Crown This Act binds the Crown.

Part 1 Principles Purpose of Crown Research Institutes The purpose of every Crown Research Institute is to undertake research.
Principles of operation Every Crown Research Institute shall, in fulfilling its purpose, operate in accordance with the following principles: (a) that research undertaken by a Crown Research Institute should be undertaken for the benefit of New Zealand: that a Crown Research Institute should pursue excel- lence in all its activities: that in carrying out its activities a Crown Research In- stitute should comply with any applicable ethical stand- ards: that a Crown Research Institute should promote and fa- cilitate the application of— (i) (ii) that a Crown Research Institute should be a good em- ployer as required by section 118 of the Crown Entities Act 2004: that a Crown Research Institute should be an organisa- tion that exhibits a sense of social responsibility by hav- ing regard to the interests of the community in which it operates and by endeavouring to accommodate or en- courage those interests when able to do so.
the results of research; and technological developments: (b) (c) (d) (e) (f) Every Crown Research Institute shall, in fulfilling its purpose, operate in a financially responsible manner so that it maintains its financial viability.
For the purposes of subsection (2), a Crown Research Institute is financially viable if— (a) regardless of whether or not it is required to pay divi- dends to the Crown, the activities of the Crown Re- s 3 3 4 5 (1) (2) (3) 6 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 1 s 7 search Institute generate, on the basis of generally ac- cepted accounting principles, an adequate rate of return on shareholders’ funds; and the Crown Research Institute is operating as a success- ful going concern.
(b) (4) [Repealed] Compare: 1986 No 124 s 4 Section 5(1)(e): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 5(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

6 (1) Ministers and their role The shareholding Ministers have the role in section 88 of the Crown Entities Act 2004.
(2) (1A) Section 88(1)(d) of the Crown Entities Act 2004 applies as if the reference to Part 4 were replaced by a reference to Part 3 of this Act.

The shareholding Ministers shall exercise or perform the powers, duties, and functions conferred or imposed on them with respect to a Crown Research Institute in a manner that is consistent with the purpose of a Crown Research Institute (as expressed in section 4) and the principles of operation of a Crown Research Institute (as expressed in section 5).
Section 6(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 6(1A): inserted, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

7 (1) Directors and their role The shareholding Ministers must appoint the directors of a Crown Research Institute in accordance with section 89 of the Crown Entities Act 2004.
(1A) The shareholding Ministers must appoint one of the directors of the Crown Research Institute to be chairperson of the board, in accordance with the criteria (if any) in the constitution of the Crown Research Institute.

(1B) Subsection (1A) applies despite anything in any other enact- ment.
7 Part 1 s 7 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 (2) The directors of a Crown Research Institute shall be persons who, in the opinion of the shareholding Ministers, will bring (either individually or collectively) a wide range of skills to the board of the Crown Research Institute, including— (a) (b) (c) (d) the skills necessary to ensure the sound management of the Crown Research Institute, both financially and generally: knowledge of, or experience in, the carrying out of, or the management of, research: knowledge of, or experience in, the application, by the productive sector, of research and technology: an understanding of, and the skills necessary to pro- mote, the actual and potential linkages between the ac- tivities of the Crown Research Institute and the activ- ities of— (i) (ii) the private sector; and other persons or bodies that are able, or may be able, to utilise the research undertaken by the Crown Research Institute or collaborate with the Crown Research Institute in that research.
(5) (4) (3) No director of a Crown Research Institute shall be appointed to represent, or promote the views of, a particular interest group.

The board of a Crown Research Institute shall be accountable to the shareholding Ministers in the manner set out in Part 3 and in the constitution of the Crown Research Institute.

(4A) Subsection (4) does not limit any provisions of the Crown Entities Act 2004 that apply to the board of a Crown Research Institute.
The directors of a Crown Research Institute shall exercise or perform the powers, duties, and functions conferred or im- posed on them with respect to the Crown Research Institute in a manner that is consistent with the purpose of a Crown Re- search Institute (as expressed in section 4) and the principles of operation of a Crown Research Institute (as expressed in section 5), and in accordance with the Crown Research Insti- tute’s statement of corporate intent.
In exercising or performing the powers, duties, and functions conferred or imposed on them with respect to the Crown Re- search Institute, the directors of a Crown Research Institute (6) 8 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 1 s 10 (7) 8 9 must have regard to any direction given under section 107 of the Crown Entities Act 2004 that relates to Crown entity com- panies.
Sections 110 and 114(1)(b) of that Act do not apply in so far as they require a Crown Research Institute to give effect to the direction.

Section 7(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 7(1A): inserted, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

Section 7(1B): inserted, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).
Section 7(4): amended, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

Section 7(4A): inserted, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

Section 7(5): amended, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

Section 7(6): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 7(7): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Appointment of chief executives [Repealed] Section 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Collective agreements A Crown Research Institute must comply with any Order in Council made under section 116 of the Crown Entities Act 2004 that relates to that Crown Research Institute before en- tering into a collective employment agreement or amendment to a collective employment agreement.

Section 9: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
10 Treaty of Waitangi In relation to the transfer, pursuant to this Act, of any land, or any interest in any land, to a Crown Research Institute or a Crown entity subsidiary of a Crown Research Institute, the 9 Part 2 s 10A Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 shareholding Ministers shall have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

Section 10: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Part 2 Formation and ownership of Crown Research Institutes 10A Application of Crown Entities Act 2004 to Crown Research Institutes (1) A Crown Research Institute is a Crown entity for the purposes (2) (3) of section 7 of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to a Crown Research Institute except to the extent that this Act expressly provides otherwise.
The following sections of the Crown Entities Act 2004 do not apply to Crown Research Institutes, or the boards, board mem- bers, or employees of a Crown Research Institute: (a) (b) (c) (d) (e) section 87: sections 92 to 95: section 97: section 100: section 107 (except as applied by section 7(6) of this Act): sections 138 to 157.

(f) Section 10A: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(2) Establishment of Crown Research Institutes 11 (1) A Crown entity company may be formed under section 79 of the Crown Entities Act 2004 for the purposes of establishing a Crown Research Institute.

The constitution of a Crown Research Institute must state that the company is a Crown Research Institute for the purposes of this Act.
Subsection (2) applies in addition to section 81 of the Crown Entities Act 2004 (which requires the constitution of a Crown entity company to state that the company is a Crown entity).

(3) 10 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 2 s 13 (4) The Companies Act 1993 applies to a Crown Research Insti- tute as provided in section 85 of the Crown Entities Act 2004, or as otherwise modified by this Act.
Section 11: substituted, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

12 Provisions relating to Crown entity subsidiaries of Crown Research Institutes (2) (3) (1) A Crown Research Institute or a Crown entity subsidiary of a Crown Research Institute may form or acquire shares in a Crown entity subsidiary from time to time in accordance with section 96 of the Crown Entities Act 2004.
Each Crown entity subsidiary of a Crown Research Institute is a Crown entity for the purposes of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to a Crown entity sub- sidiary of a Crown Research Institute except to the extent that this Act expressly provides otherwise.

Sections 97, 100, and 138 to 157A of the Crown Entities Act 2004 do not apply to a Crown entity subsidiary of a Crown Research Institute.
The Companies Act 1993 applies to a Crown entity subsidiary of a Crown Research Institute as provided in section 102 of the Crown Entities Act 2004, or as otherwise modified by this Act.

Section 12: substituted, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

(5) (4) Section 12(4): amended, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
13 Acquisition of shares or interests in companies, trusts, and partnerships (1) A Crown Research Institute or a Crown entity subsidiary of a Crown Research Institute must ensure that it does not— (a) acquire shares in a company that gives it substantial influence in or over that company; or acquire an interest in any partnership, joint venture, or other association of persons, or an interest in a company other than in its shares; or (b) 11 Part 2 s 14 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 settle, or be or appoint a trustee of, a trust,— (c) other than— (d) after written notice to its parent Crown Research Insti- tute (in the case of a Crown entity subsidiary of a Crown Research Institute) or to the shareholding Ministers (in the case of a Crown Research Institute); and in accordance with the procedures and conditions con- tained in its statement of corporate intent or specified by the shareholding Ministers.
(e) (2) (3) 14 Substantial influence, in relation to a company, means the capacity to affect substantially either or both the financial or operating policies of the company.

This section does not apply if the Crown Research Institute or Crown entity subsidiary of a Crown Research Institute ac- quires a Crown entity subsidiary (in which case section 96 of the Crown Entities Act 2004 applies).

Section 13: substituted, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).
Further provisions relating to Ministers’ shareholding [Repealed] Section 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Powers of shareholding Ministers 15 (1) Notwithstanding any other provision of this Act or the consti- tution of any Crown Research Institute,— (a) the shareholding Ministers may from time to time, by written notice to the board, direct the board of a Crown Research Institute to include in, or omit from, a state- ment of corporate intent for that Crown Research Insti- tute any provision or provisions of a kind referred to in paragraphs (a) to (h) of section 16(2); and the shareholding Ministers may, by written notice to the board, determine the amount of dividend payable by any Crown Research Institute in respect of any financial year or years; and the shareholding Ministers may from time to time, on the advice of the Minister of External Relations and (b) (c) 12 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 3 s 16 Trade, by written notice to the board, direct the board of a Crown Research Institute to include in the state- ment of corporate intent for that Crown Research In- stitute such provision as the Minister considers neces- sary— (i) to enable the fulfilment (in whole or in part) of any obligation or undertaking arising from any international convention or international agree- ment or international arrangement to which the Government of New Zealand, or any department, agency, or other instrument of the Government of New Zealand, is a party; or to implement (in whole or in part) any policy of the Government of New Zealand in respect of the Government’s international relations,— (ii) (2) (3) 16 (1) (2) and any board to whom such a notice is given shall comply with the notice.
Section 115 of the Crown Entities Act 2004 applies to a direc- tion under subsection (1).

[Repealed] Compare: 1986 No 124 s 13 Section 15(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 15(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 15(3): repealed, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).
Part 3 Accountability Statement of corporate intent The board of every Crown Research Institute shall deliver to the shareholding Ministers a draft statement of corporate in- tent not later than 1 month before the commencement of each financial year of the Crown Research Institute.
Each statement of corporate intent shall specify for the group comprising the Crown Research Institute and its Crown entity subsidiaries (if any), in respect of that financial year and each 13 Part 3 s 16 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 of the immediately following 2 financial years, the following information: (aa) key background information about the Crown Research Institute and its operating environment: the objectives of the group: the nature and scope of the activities to be undertaken: the ratio of consolidated shareholders’ funds to total as- sets, and definitions of those terms: the accounting policies: the performance targets and other measures by which the performance of the group may be judged in relation to its objectives: a statement of the principles adopted in determining the annual dividend (if any) together with an estimate of the amount or proportion of annual tax paid earnings (from both capital and revenue sources) that is intended to be distributed to the Crown: the kind of information to be provided to the sharehold- ing Ministers by the Crown Research Institute during the course of those financial years, including the infor- mation to be included in each half-yearly report: the procedures to be followed before any member of the group subscribes for, purchases, or otherwise acquires shares in any company or other organisation: any activities for which the board seeks compensation from the Crown (whether or not the Crown has agreed to provide such compensation): such other matters as are agreed by the shareholding Ministers and the board.
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (3) Each statement of corporate intent shall also include the board’s estimate of the current commercial value of the Crown’s investment in the group and a statement of the manner in which that value was reassessed.
(3A) The shareholding Ministers may, if the Ministers are satisfied that it would be unduly onerous on a parent Crown Research Institute to comply with the requirement, grant an exemption from the requirement for a statement of corporate intent to cover a multi-parent subsidiary, or contain any particular in- formation in relation to a multi-parent subsidiary.
14 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 3 s 16 (4) (3B) An exemption under subsection (3A) may be subject to any conditions the shareholding Ministers think fit (for example, the condition may be that the statement of corporate intent of only one of the parents must cover the multi-parent sub- sidiary).
The board shall consider any comments on the draft statement of corporate intent that are made to it not later than 14 days before the commencement of the financial year by the share- holding Ministers, and shall deliver the completed statement of corporate intent to the shareholding Ministers on or before the commencement of the financial year or such later date as the shareholding Ministers may determine.
(5) A statement of corporate intent for a Crown Research Insti- tute may be modified at any time by written notice from the board to the shareholding Ministers, so long as the board has first given written notice to the shareholding Ministers of the proposed modification and considered any comments made on that proposed modification by the shareholding Ministers within 1 month of the date on which that notice was given.
Each completed statement of corporate intent under subsection (4) or amended statement of corporate intent under subsection (5) must— (a) (6) be in writing, be dated, and be signed on behalf of the board by 2 directors: be published as soon as practicable after it has been presented to the House of Representatives under section 19.

(b) Compare: 1986 No 124 s 14; 1992 No 27 s 3 Section 16(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 16(2)(aa): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 16(3A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 16(3B): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 16(6): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
15 Part 3 s 17 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 Annual report, financial statements, and dividend 17 (1) Within 3 months after the end of each financial year of a Crown Research Institute, the board of the Crown Research Institute shall deliver to the shareholding Ministers— (a) a report of the operations of the Crown Research Insti- tute and those of its Crown entity subsidiaries (if any) during that financial year; and audited financial statements for that financial year pre- pared in accordance with generally accepted accounting practice; and the auditor’s report on those financial statements; and a statement of responsibility for the financial statements that, with any necessary modifications, complies with section 155 of the Crown Entities Act 2004.
Every report under subsection (1)(a) shall— (a) contain such information as is necessary to enable an in- formed assessment of the operations of the Crown Re- search Institute and its Crown entity subsidiaries, in- cluding a comparison of the performance of the Crown Research Institute and Crown entity subsidiaries with the relevant statement of corporate intent; and state the dividend (if any) that could be paid to the Crown by the Crown Research Institute for the finan- cial year to which the report relates; and report on the extent of the Crown Research Institute’s and each of its Crown entity subsidiaries’ compliance with their obligation to be a good employer under sec- tion 118 of the Crown Entities Act 2004 (including their equal employment opportunities programmes) in that fi- nancial year; and contain any direction given by the Minister in writing to the board of the Crown Research Institute under this Act during that financial year; and include, in respect of the Crown Research Institute and each of its Crown entity subsidiaries, the information in section 152 of the Crown Entities Act 2004.
The shareholding Ministers may, if the Ministers are satisfied that it would be unduly onerous on a parent Crown Research Institute to comply with the requirement, grant an exemption (b) (c) (d) (b) (c) (d) (e) (2) (3) 16 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 3 s 18 from the requirement for a report under subsection (1)(a) to cover a multi-parent subsidiary, or contain any particular in- formation in relation to a multi-parent subsidiary.
(4) An exemption under subsection (3) may be subject to any con- ditions the shareholding Ministers think fit (for example, the condition may be that the annual report of one of the parents must cover the multi-parent subsidiary).

Each Crown Research Institute must publish the documents required by subsection (1) as soon as practicable after it has been presented to the House of Representatives under section 19.
Compare: 1986 No 124 s 15 (5) Section 17 heading: amended, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 17(1)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 17(1)(b): replaced, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
Section 17(1)(c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 17(1)(d): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 17(2)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 17(2)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 17(2)(c): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 17(2)(d): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 17(2)(e): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 17(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 17(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 17(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Half-yearly reports 18 (1) Within 2 months after the end of the first half of each financial year of a Crown Research Institute, the board of the Crown 17 Part 3 s 19 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 (2) Research Institute shall deliver to the shareholding Ministers a report of its operations during that half-year.

Each report required by this section shall include the infor- mation required by the statement of corporate intent to be in- cluded in the report.
Compare: 1986 No 124 s 16 Information to be laid before House of Representatives [Repealed] 19 (1) (2) Within 5 working days after receiving all the following docu- ments in respect of a financial year of a Crown Research Insti- tute, the responsible Minister shall lay the documents before the House of Representatives: (a) the statement of corporate intent of the Crown Research Institute for that year and the succeeding 2 years; and the annual report, audited financial statements, and the statement of responsibility for the financial statements of the Crown Research Institute for the preceding finan- cial year; and the auditor’s report on those financial statements.
(b) (c) (3) Where a statement of corporate intent for a Crown Research Institute has been modified pursuant to section 16(5), the re- sponsible Minister shall lay before the House of Representa- tives a copy of the notice making the modification within 5 working days after the date on which the Minister receives the notice.
(4) Within 5 working days after a half-yearly report is given to the responsible Minister pursuant to section 18, the responsible Minister shall lay a copy of the report before the House of Representatives.

Compare: 1986 No 124 s 17 Section 19(1): repealed, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

Section 19(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 19(2)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 19(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

18 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 3 s 20 Section 19(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
20 (1) Other information Subject to subsection (3), the board of a Crown Research In- stitute shall supply to the shareholding Ministers or to such other person or class or classes of persons as either of those Ministers specifies such information relating to the affairs of the Crown Research Institute, or any of its Crown entity sub- sidiaries, as either of those Ministers requests after consult- ation with the board (whether or not the information is of a kind referred to in the statement of corporate intent).
(2) A shareholding Minister may request information to be sup- plied whether or not the supply of the information is required for the purposes of, or is contemplated by, this Act.
The board of a Crown Research Institute shall not be obliged by subsection (1) to supply to any person any information re- lating to an individual employee or customer of the Crown Research Institute, or of any Crown entity subsidiary of it, or any other person, if the information supplied would enable the identification of the person concerned.

[Repealed] (4) (4A) Subsections (1) to (4) apply in addition to section 133(1) of (3) the Crown Entities Act 2004.
(5) Notwithstanding any other enactment or rule of law, the board of a Crown Research Institute may direct an officer or em- ployee of the Crown Research Institute to comply with a re- quest under subsection (1), and the officer or employee shall comply with the request on being directed to do so.
(6) No member of a board of a Crown Research Institute and no officer or employee of a Crown Research Institute who acts in accordance with a request or direction under this section is li- able to any person under any other enactment or rule of law by reason of acting in accordance with that request or direction.

Compare: 1986 No 124 s 18; 1990 No 23 s 2(1) Section 20(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 20(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

19 Part 3 s 21 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 Section 20(4): repealed, on 1 February 2011, by section 18 of the Research, Science, and Technology Act 2010 (2010 No 131).

Section 20(4A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
21 Auditor-General to be auditor of Crown Research Institutes and subsidiaries (1) Despite sections 207P to 207V of the Companies Act 1993, every Crown Research Institute and every Crown entity sub- sidiary of every Crown Research Institute is a public entity as defined in section 4 of the Public Audit Act 2001 and, in ac- cordance with that Act, the Auditor-General is its auditor.
(2) Without limiting subsection (1), the board of a Crown Re- search Institute may, after consultation with the Auditor-Gen- eral and with the approval of the Minister, appoint a person or firm that is qualified for appointment as an auditor of a com- pany to be an additional auditor of the Crown Research In- stitute or any Crown entity subsidiary of the Crown Research Institute.

Section 21: substituted, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).
Section 21(1): amended, on 1 April 2014, by section 126 of the Financial Re- porting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 21(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 21(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Protection from disclosure of sensitive information Nothing in this Act shall be construed as requiring the inclu- sion in any statement of corporate intent, annual report, finan- cial statements, or half-yearly report referred to in sections 16 to 18 of any information that could be properly withheld if a request for that information were made under the Official Information Act 1982.
Compare: 1986 No 124 s 20 22 20 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 4 s 23 Part 4 Transfer of assets to Crown Research Institutes 23 (1) (b) (c) (d) (e) (f) Interpretation relating to transfer of assets and liabilities In this section and in sections 24 to 38, unless the context otherwise requires,— agreement includes a deed, a contract, an agreement, an ar- rangement, and an understanding, whether oral or written, ex- press or implied, and whether or not enforceable at law assets means any real or personal property of any kind, whether or not subject to rights; and, without limiting the generality of the foregoing, includes— (a) any estate or interest in any land, including all rights of occupation of land or buildings: all buildings, vehicles, plant, equipment, and machin- ery, and any rights therein: all livestock, products from livestock, and crops: all securities within the meaning of the Securities Act 1978: all rights of any kind, including rights under Acts, deeds, agreements, or licences, and all applications, objections, submissions, and appeals in respect of such rights: all patents, trade marks, designs, copyright, plant var- iety rights, and other intellectual property rights of any kind whether enforceable by Act or rule of law: goodwill, and any business undertaking (g) Crown Research Institute includes a Crown entity subsidiary of a Crown Research Institute liabilities includes— (a) liabilities and obligations under any Act or agreement; and deposits and other
 debt securities within the meaning of the Securities Act 1978; and contingent liabilities (c) rights includes powers, privileges, interests, licences, ap- provals, consents, designations, permissions, dispensations, (b) 21 Part 4 s 24 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 authorisations, benefits, and equities of any kind, whether actual, contingent, or prospective transfer includes— (a) (b) (c) assign and convey; and vest by Order in Council or notice in the Gazette; and confer estates in fee simple of land held by the Crown, whether in allodium or otherwise; and grant leases, rights, and interests in any real or personal property; and in the case of liabilities, the assumption thereof by a Crown Research Institute.
(d) (e) (2) (3) In this section and in sections 24 to 38, a reference to transfer, authorise, or grant includes entering into an agreement to transfer, authorise, or grant, as the case may be.

This section and sections 24 to 38 shall have effect, and assets and liabilities may be transferred pursuant to this Act, notwith- standing any restriction, prohibition, or other provision con- tained in any Act, rule of law, or agreement that would other- wise apply.
(4) Nothing in this Act shall limit any powers or rights that the Crown or a Minister has other than pursuant to this Act.

Compare: 1986 No 124 s 29; 1991 No 69 s 362; 1992 No 27 s 10 Section 23(1) Crown Research Institute: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
24 Transfer of Crown assets and liabilities to Crown Research Institutes (1) Notwithstanding any Act, rule of law, or agreement, the share- holding Ministers may, on behalf of the Crown, do any 1 or more of the following: (a) transfer to a Crown Research Institute assets and liabil- ities of the Crown: authorise the Crown Research Institute to act on behalf of the Crown in providing goods or services, or in man- aging assets or liabilities of the Crown: grant to a Crown Research Institute leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown— (b) (c) 22 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 4 s 26 (2) for such consideration, and on such terms and conditions, as the shareholding Ministers may agree with the Crown Re- search Institute.
The responsible Minister shall lay before the House of Rep- resentatives any contract or other document entered into pur- suant to subsection (1) within 12 sitting days after the date of that contract or document.
Compare: 1986 No 124 s 23(1), (2); 1987 No 117 s 6(1) 25 Assets relating to land and interests in land may be transferred separately (1) Assets that are fixed to, or are under or over, any land may be transferred to a Crown Research Institute pursuant to this Act whether or not any interest in the land is also transferred.

(2) Where any such asset is so transferred, the asset and the land shall be regarded as separate assets each capable of separate ownership.
Compare: 1986 No 124 s 23(3) 26 Further provisions relating to transfer of assets and liabilities (1) Any asset or liability of the Crown may be transferred to a Crown Research Institute pursuant to this Act whether or not any Act or agreement relating to the asset or liability permits such transfer or requires any consent to such a transfer.
(2) Where a transfer of the kind described in subsection (1) takes place,— (a) the transfer shall not entitle any person to terminate, alter, or in any way affect the rights or liabilities of the Crown, or the Crown Research Institute, under any Act or agreement: (b) where the transfer is registrable, the person responsible for keeping the register shall register the transfer forth- with after written notice of the transfer is received by him or her from any person authorised for this purpose by the responsible Minister: the laying before the House of Representatives of any contract or other document relating to the transfer shall be deemed to be notice of the transfer, and any third (c) 23 Part 4 s 27 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 (d) (e) (f) party shall after the date of such contract or document deal with the Crown Research Institute in place of the Crown: the Crown shall remain liable to any third party as if the asset or liability had not been transferred but shall be indemnified by the Crown Research Institute in respect of any liability to any third party: any satisfaction or performance by the Crown Research Institute in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown: any satisfaction or performance in respect of the as- set or liability by any third party to the benefit of the Crown Research Institute shall be deemed to be also to the benefit of the Crown.
(3) No provision in any agreement limiting the Crown’s right to sell any assets to third parties, or for determining the consider- ation for the sale of any assets to third parties, or obliging the Crown to account to any person for the whole or part of the proceeds of sale by the Crown of any assets to third parties, or obliging the Crown to pay a greater price than otherwise by reason of or as a consequence of the sale of any assets to third parties, shall have any application or effect in respect of any agreement or transfer entered into or effected pursuant to or under this Act or pursuant to such an agreement or transfer.
Compare: 1986 No 124 s 23(4)–(6); 1990 No 23 s 3 Crown may continue to take benefit of provisions relating to compensation or liability In any case where— (a) the Crown transfers or agrees to transfer to a Crown Research Institute assets that the Crown acquires or is entitled to acquire from another person for the purpose of carrying on any activity; and the assets are acquired by the Crown, or the Crown’s rights to acquire the assets arise, under an agreement with that person that contains a provision specifying or limiting the Crown’s rights to recover compensation or damages; and (b) 27 (1) 24 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 4 s 27 (c) the Crown Research Institute carries on that activity or part of that activity whether or not it also carries on any other activity,— (2) the provision referred to in paragraph (b) shall, notwithstand- ing the transfer of the assets to the Crown Research Institute, continue in force in favour of the Crown as if the Crown Re- search Institute were part of the Crown, the Crown continued to carry on the activity, and any loss suffered by the Crown Research Institute were a loss suffered by the Crown and not, by reason only of having been suffered by the Crown Research Institute, an indirect or a consequential loss or a loss suffered by a third party.
In any case where— (a) the Crown transfers or agrees to transfer to a Crown Research Institute assets that the Crown acquires or is entitled to acquire from another person for the purpose of carrying on any activity; and the assets are acquired by the Crown, or the Crown’s rights to acquire the assets arise, under an agreement with that person that contains a provision relieving the Crown from performing any obligation imposed upon it, or relieving the Crown from any claim or cause of action based on the failure by the Crown to perform any such obligation, as a result of any particular event; and the Crown Research Institute carries on that activity or part of that activity whether or not it also carries on any other activity,— (b) (c) the provision referred to in paragraph (b) shall, notwithstand- ing the transfer of the assets to the Crown Research Institute, continue in force in favour of the Crown as if the Crown Re- search Institute were part of the Crown, the Crown continued to carry on the activity, and as if the occurrence of any such event referred to in the provision in relation to the Crown Re- search Institute were the occurrence of the event in relation to the Crown.
Compare: 1986 No 124 s 23(6A), (6B); 1990 No 83 s 2(1) 25 Part 4 s 28 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 28 Transfer of assets where certain terms and conditions prescribed by statute (1) Where— (a) rights or obligations to provide goods or services to third parties are transferred to a Crown Research Insti- tute pursuant to this Act; and those goods or services have previously been provided by the Crown on terms and conditions wholly or partly prescribed by any Act; and the Governor-General has by Order in Council declared that this subsection shall apply in respect of those goods or services,— (b) (c) (2) the goods or services shall, to the extent that those terms and conditions are not already contained in contracts between the Crown and third parties, from the date of transfer be deemed to be provided pursuant to contracts between the Crown Re- search Institute and the third parties (whether or not the Act is repealed).
Each such contract shall be deemed to include such of the terms and conditions contained in that Act (with all necessary modifications) as are specified in the Order in Council.
(3) Where any land that is subject to any lease, licence, permit, or right, created on terms and conditions wholly or partly set out in any Act, has been or is to be transferred to a Crown Research Institute pursuant to this Act, the Governor-General may, by Order in Council, declare that such of the provisions of that Act as are specified in the order shall continue to apply in relation to the land and such licence, lease, permit, or right.
(4) Where an Order in Council is made under subsection (3), the provisions of the Act referred to in the order shall, with all necessary modifications, continue to apply in relation to the land and the terms or conditions of the lease, licence, permit, or right subject to any agreement to— (a) (b) amend or revoke any such term or condition; or revoke any such term or condition and substitute an- other term or condition for it— made between the owner for the time being of the land and the holder for the time being of the lease, licence, permit, or right.
Compare: 1986 No 124 s 23(7), (8) 26 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 4 s 29 Provisions relating to transfer of land 29 (1) Notwithstanding any other provision of this Act, Crown land within the meaning of the Land Act 1948 and any lands of the Crown other than lands registered under the Land Transfer Act 1952 that are to be transferred to a Crown Research Institute pursuant to this Act shall— (a) (b) be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and vest in the Crown Research Institute— (i) pursuant to and on a date specified in an Order in Council made for the purposes of this section; or pursuant to and on a date specified in a notice in the Gazette given for the purposes of this section by the shareholding Ministers or by a person au- thorised in writing by those Ministers.
(ii) (2) Every notice given under subsection (1)(b)(ii) may be given on such terms and conditions as the shareholding Ministers or a person authorised in writing by those Ministers, as the case may be, thinks fit, and shall have effect according to its tenor.

(3) Notwithstanding any other provision of this Act, no land that is subject to a lease or licence pursuant to section 66 or section 66AA of the Land Act 1948 shall be transferred to a Crown Research Institute pursuant to section 24(1)(a) of this Act.
Subject to subsection (5), but notwithstanding any other pro- vision of this Act, no land for the time being held, managed, or administered under the Conservation Act 1987 or under any enactment specified in Schedule 1 of that Act shall be transferred to a Crown Research Institute pursuant to section 24(1)(a) of this Act.
(4) (5) Nothing in subsection (4) prevents the granting, to a Crown Research Institute, of a licence to occupy any land to which that subsection applies if the Minister of Conservation con- sents to the granting of that licence.
(6) All land that is subject to the Land Act 1948 or the Forests Act 1949 and that is transferred to a Crown Research Institute pursuant to this Act shall cease to be subject to the Land Act 27 Part 4 s 30 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 1948 or the Forests Act 1949, as the case may be, from the date of that transfer, unless otherwise expressly provided by this Act or any other Act.
(7) Nothing in this Act or in any transfer of land to a Crown Re- search Institute pursuant to this Act shall derogate from the provisions of section 10 or section 11 of the Crown Minerals Act 1991.
Compare: 1986 No 124 s 24; 1987 No 117 s 7(1), (2); 1990 No 31 s 37; 1991 No 70 s 121; 1992 No 27 s 5 30 Modification of provisions of Public Works Act 1981 (1) This section applies to the transfer of land or an interest in land to a Crown Research Institute— pursuant to this Act; or (a) (b) by another Crown Research Institute,— where that transfer occurs not later than 30 June 1994.
(2) Nothing in sections 40 to 42 of the Public Works Act 1981 shall apply to the transfer of land or an interest in land to a Crown Research Institute (being a transfer to which this sec- tion applies) so long as the land or interest in land continues to be used for the purposes of a Crown Research Institute, but, if all or any part of the land or interest in land is no longer re- quired for such purposes, sections 40 and 41 of that Act shall apply to the land or interest no longer required as if the Crown Research Institute were the Crown and the transfer of that land or interest to that Crown Research Institute were not a transfer to which this section applies.
If, in relation to land or an interest in land that has been trans- ferred to a Crown Research Institute (being a transfer to which this section applies), an offer made under subsection (2) of sec- tions 40 of the Public Works Act 1981 is not accepted— (a) (3) within 40 working days after the making of the offer or such further period as the chief executive of the depart- ment within the meaning of section 2 of the Survey Act 1986 considers reasonable; or if an application has been made pursuant to subsection (2A) of that section to the Land Valuation Tribunal, within 20 working days after the determination of the Tribunal,— (b) 28 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 4 s 31 (4) whichever is later, and the parties have not agreed on other terms for the sale of the land or interest, the Crown Research Institute may sell or otherwise dispose of the land or interest to any person on such terms and conditions as it thinks fit.
For the purposes of subsection (3), the term working day has the same meaning as it has in section 2 of the Public Works Act 1981.

Compare: 1990 No 52 s 9(4) Section 30(3)(a): amended, on 1 July 1996, by section 5 of the Survey Amend- ment Act 1996 (1996 No 55).
Obligation to lodge caveat 31 (1) Where, before 30 June 1994, land or an interest in land is trans- ferred to a Crown Research Institute pursuant to this Act or by another Crown Research Institute, the Crown or, as the case may be, the Crown Research Institute transferring the land or interest shall, for the purpose of protecting the rights of per- sons from whom that land or interest was acquired and their successors to have that land or interest offered to them under section 40(2) of the Public Works Act 1981, lodge an appropri- ate caveat under the Land Transfer Act 1952, and this section shall be sufficient authority for the lodging of such a caveat.
For the purposes of this section, the rights of persons from whom land or an interest in land was acquired and their suc- cessors to have that land or interest offered to them under sec- tion 40(2) of the Public Works Act 1981 shall be deemed to be interests in land for the purposes of section 137 of the Land Transfer Act 1952.
In stating, in a caveat lodged pursuant to subsection (1), the interest claimed by the caveator, it shall be sufficient, for the purposes of section 138 of the Land Transfer Act 1952, to refer to sections 40 to 42 of the Public Works Act 1981 and this section.
Compare: 1974 No 66 s 594ZG; 1989 No 29 s 34(1) (3) (2) 29 Part 4 s 32 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 32 33 34 Transfer of land not to constitute a subdivision or development Nothing in section 11 or Part 10 of the Resource Management Act 1991 applies to the transfer of land or an interest in land to a Crown Research Institute— pursuant to this Act; or (a) (b) by another Crown Research Institute,— where that transfer occurs not later than 30 June 1994.
Land Settlement Promotion and Land Acquisition Act 1952 not to apply The provisions of Part 2 of the Land Settlement Promotion and Land Acquisition Act 1952 shall not apply to any transfer of land or an interest in land to a Crown Research Institute by another Crown Research Institute, where that transfer occurs not later than 30 June 1994.

Uses deemed to be permitted activity [Repealed] Section 34: repealed, on 1 August 2003, by section 101 of the Resource Man- agement Amendment Act 2003 (2003 No 23).
Title to land 35 (1) A District Land Registrar shall, on written application by any person authorised by a shareholding Minister and on payment of the prescribed fee,— (a) register a Crown Research Institute as the proprietor, in substitution for the Crown, of the estate or the inter- est of the Crown in any land that is incorporated in the register or otherwise registered in the Land Registry Of- fice of the land registration district concerned and that is transferred to the Crown Research Institute pursuant to this Act; and (b) make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this section.
The powers conferred by subsection (1) may be exercised in respect of an estate or interest that is incorporated in the regis- (2) 30 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 4 s 36 ter by virtue of a lease or licence that has expired or has been determined.
(3) A District Land Registrar shall, on written application by any person authorised by a shareholding Minister and on payment of the prescribed fee, issue a certificate of title for land vested in a Crown Research Institute pursuant to section 29(1) of this Act in form 1 of Schedule 1 of the Land Transfer Act 1952, amended as appropriate.
(4) As soon as registration is accomplished in accordance with subsection (1) or a certificate of title is issued in accordance with subsection (3), the Crown Research Institute shall, except where the interest acquired is either an easement in gross or an estate as lessee or mortgagee, be deemed to be seized of an estate in fee simple in possession in respect of that land.
(5) Applications in accordance with subsections (1) and (3) shall specify the name of the Crown Research Institute and the date of the agreement, together with a description of the land suffi- cient to identify it and, in the case of applications under sub- section (3), a certificate by the Chief Surveyor for the district concerned as to the correctness of such description.
Compare: 1986 No 124 s 25; 1989 No 57 s 2 36 (1) Land certification Before a District Land Registrar issues a certificate of title in respect of any land vested in a Crown Research Institute pur- suant to section 29(1), the District Land Registrar shall either receive under the hand of or request from the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Surveyor a certificate in the form set out in Schedule 2 of the Land Act 1948 as to the legal description of the land, any trusts, reservations, or restrictions affecting the land, and any other matters that the District Land Registrar considers appro- priate.
(2) A certificate in accordance with subsection (1) shall be filed by the District Land Registrar in the Land Registry Office and shall be conclusive evidence to the District Land Registrar of the matters required to be stated in that certificate.

Compare: 1986 No 124 s 26; 1987 No 117 s 8; 1989 No 57 s 3(1), (2) 31 Part 4 s 37 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 Section 36(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).
Certification of easements 37 (1) Where land is vested in a Crown Research Institute pursuant to section 29(1) subject to the reservation of or together with any easement, not being an easement previously registered under the Land Transfer Act 1952, the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Sur- veyor shall include in the certificate given under section 36(1) of this Act a sufficient description of the easement and particu- lars as to the rights and powers, terms, covenants, conditions, or restrictions attaching thereto.
The District Land Registrar shall enter a memorial of the ease- ment upon the relevant certificate of title by reference to the certificate in which it is described as if that certificate were the instrument creating the easement.

(2) (3) Where a memorial of an easement is entered upon the relevant certificate of title under subsection (2), the easement shall be treated for all purposes including all subsequent dealings as if it had been created under the Land Transfer Act 1952.
Compare: 1986 No 124 s 26A; 1992 No 27 s 6 Section 37(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).
Orders in Council relating to transfer of assets and liabilities For the purpose of facilitating the transfer of assets and liabil- ities to a Crown Research Institute pursuant to this Act, the Governor-General may from time to time, by Order in Coun- cil, do any 1 or more of the following: (a) vest in or impose on a Crown Research Institute any asset or liability (other than land to which section 29(1) applies), or any class of any such asset or liability, that is to be transferred to the Crown Research Institute: vest land in a Crown Research Institute for the purposes of section 29(1): declare that a reference to the Crown or a Minister, offi- cer, employee, department, or instrument of the Crown (b) (c) 38 (1) 32 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 4 s 39 in any or all regulations, orders, notices, or documents shall be deemed to be or to include a reference to a Crown Research Institute specified in the order: declare that a Crown Research Institute shall assume or continue to have the rights and obligations of the Crown or a Minister, officer, employee, department, or instru- ment of the Crown in respect of applications for rights, objections, or proceedings before any court, authority, or other person, being rights and obligations that the Crown Research Institute has agreed to assume: declare, in respect of any assets or liabilities transferred to a Crown Research Institute pursuant to this Act, that the Crown Research Institute shall be deemed to have specified rights or obligations in respect of those assets or liabilities, being rights or obligations that are required in respect of those assets or liabilities as a result of the change of ownership or responsibility from the Crown to the Crown Research Institute: declare that any Order in Council made under this sec- tion shall be deemed to be notice to all persons, and that specific notice need not be given to any authority or other person: direct any authority or other person to register or record any such vesting or declaration.
(d) (e) (f) (g) (2) Every Order in Council made under this section may be made on such terms and conditions as the Governor-General thinks fit, and shall have effect according to its tenor.
Compare: 1986 No 124 s 28; 1991 No 69 s 362 Transfer of employees 39 (1) Notwithstanding anything in section 61A of the State Sector Act 1988, where the chief executive of a government depart- ment finds, in respect of any duties being carried out by the department, that those duties are no longer to be carried out by the department and are to be carried out (in whole or in part) by a Crown Research Institute, that chief executive and the chief executive of that Crown Research Institute may, subject to subsection (3), agree to the transfer, from that department to 33 Part 4 s 40 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 (2) (3) that Crown Research Institute, of all or any of the employees of that department who are carrying out those duties.
Before transferring any employee under subsection (1), the respective chief executives of the government department and the Crown Research Institute shall consult with the employee about the proposed transfer.

The power conferred by this section to transfer any employee is subject to the employment contract applying to that em- ployee.
Compare: 1988 No 20 s 61A; 1989 No 136 s 14 (2) Protection of conditions of employment upon transfer 40 (1) Where any employee of a government department is trans- ferred to a Crown Research Institute pursuant to section 39 to do substantially the same work as that person was doing be- fore the transfer, the employment of that person by the Crown Research Institute shall be on terms and conditions of employ- ment based on the terms and conditions of employment apply- ing to that person immediately before the date of the transfer.
Subsection (1) shall continue to apply to the terms and condi- tions of employment of each transferred employee until such time as any of the terms and conditions of employment that apply under the employment contract applying to that em- ployee at the date of the transfer are varied.
The terms and conditions of employment of each transferred employee shall, from the date of any such variation, be deter- mined in accordance with the employment contract applying to that employee in the Crown Research Institute in which the transferred employee is then employed.

(3) (4) Nothing in subsection (1) shall continue to apply to any trans- ferred employee who receives any subsequent appointment within the Crown Research Institute to which that employee was transferred.
Compare: 1988 No 20 s 61B; 1989 No 136 s 14 34 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 5 s 43 41 (1) Employment of transferred employees deemed to be continuous Every employee of a government department who is trans- ferred to a Crown Research Institute pursuant to section 39 shall, on the date of the transfer, become an employee of the Crown Research Institute, but, for the purposes of every en- actment, law, determination, contract, and agreement relating to the employment of each such employee, the contract of em- ployment of that employee shall be deemed to have been un- broken and that employee’s period of service with that depart- ment, and every other period of service of that employee that is recognised by that department as continuous service, shall be deemed to have been a period of service with the Crown Research Institute.
(2) No employee of a government department who is transferred to a Crown Research Institute pursuant to section 39 shall be entitled to receive any payment or other benefit by reason only of that person ceasing by virtue of that transfer to be an em- ployee of that department.
42 43 (1) Part 5 Miscellaneous provisions Saving of certain transactions A failure by a Crown Research Institute to comply with any provision contained in Part 1 or in any statement of corpo- rate intent shall not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by a Crown Research Institute.
Compare: 1986 No 124 s 21 Prime Minister may give directions to Crown Research Institutes This section applies where— (a) there is in force a state of emergency declared under the Civil Defence Emergency Management Act 2002; or there is in force a state of animal disease emergency declared under section 30 of the Animals Act 1967; or (b) 35 Part 5 s 43 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 (c) (d) (e) a declaration made under section 13 of the Apiaries Act 1969 is in force in respect of any area; or there is in force a state of plant disease emergency de- clared under section 12 of the Plants Act 1970; or the assistance of any Crown Research Institute is re- quired for the purposes of giving effect to any meas- ures— (i) that are authorised or required to be taken by or under any regulations made under section 69 or section 70 of the Forests Act 1949; and that relate to the control or eradication of any infection or disease that may be injurious to or may cause any unhealthy condition in any tree, tree seed, timber, or timber produce.
(ii) (2) Notwithstanding anything in this Act, the Crown Entities Act 2004, or the Companies Act 1993, and notwithstanding any rule of law or the constitution of any Crown Research Insti- tute, where this section applies, the Prime Minister may from time to time, after consultation with the shareholding Minis- ters, by notice in writing give to the board of a Crown Research Institute such directions with respect to the operations of the Crown Research Institute as the Prime Minister considers ne- cessary in the circumstances.
(3) Where, pursuant to subsection (2), the Prime Minister gives any directions to the board of a Crown Research Institute, that board shall ensure that those directions are complied with.

(4) Where a notice is given to the board of a Crown Research Institute under subsection (2), the Prime Minister shall, as soon as practicable after the giving of the notice,— publish a copy of it in the Gazette; and (a) (b) lay a copy of it before the House of Representatives.
Section 115 of the Crown Entities Act 2004 does not apply to a direction given under this section.

Section 43(1)(a): substituted, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).

(5) Section 43(2): amended, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 43(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
36 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Part 5 s 48 Section 43(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
44 Compensation may be paid to Crown Research Institutes (1) Where any direction is given pursuant to section 15(1)(c) or section 43(2) in relation to a Crown Research Institute, the Crown may, in the Crown’s absolute discretion, pay to the Crown Research Institute such amount as it thinks fit for the purpose of compensating the Crown Research Institute for anything the Crown Research Institute is or might be or has been required to do to comply with the direction.
(2) Any money required for the purposes of this section shall be paid out of money appropriated by Parliament for the purpose.

45 46 (1) (2) (3) 47 Archives Act 1957 to apply [Repealed] Section 45: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Amendments and repeal The enactments specified in Schedule 1 are hereby amended in the manner indicated in that schedule.

Amendment(s) incorporated in the Act(s).

This section shall come into force on 1 July 1992.


Amendments to Scientific and Industrial Research Act 1974 [Repealed] Section 47: repealed, on 10 April 1998, by section 48(4).

Repeal of Scientific and Industrial Research Act 1974 The enactments specified in Schedule 2 are hereby repealed.

48 (1) (2)–(4) Amendment(s) incorporated in the Act(s).

(5) This section shall come into force on a date to be appointed by the Governor-General by Order in Council.
Section 48: brought into force, on 10 April 1998, by the Crown Research Insti- tutes Act Commencement Order 1998 (SR 1998/40).

37 Part 5 s 49 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 49 (1) (2) (3) Amendments to Fertilisers Act 1982 [Repealed] So much of Schedule 1 as relates to the Fertilisers Act 1960 is hereby consequentially repealed.

This section shall come into force on the date on which the Fertilisers Act 1982 comes into force.
Section 49(1): repealed (without coming into force), on 2 July 2001, by section 86(1) of the Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87).

38 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Schedule 1 Schedule 1 Enactments amended (Which amendments take effect on 1 July 1992) s 46(1) Animal Remedies Act 1967 (1967 No 51) (RS Vol 21, p 11) Amendment(s) incorporated in the Act(s).
Apiaries Act 1969 (1969 No 53) (RS Vol 21, p 163) Amendment(s) incorporated in the Act(s).

Atomic Energy Act 1945 (1945 No 41) (RS Vol 1, p 189) Amendment(s) incorporated in the Act(s).

Coal Mines Act 1979 (1979 No 21) Amendment(s) incorporated in the Act(s).

Dairy Industry Act 1952 (1952 No 55) (RS Vol 26, p 113) Amendment(s) incorporated in the Act(s).

Civil Defence Act 1983 (1983 No 46) Amendment(s) incorporated in the Act(s).
Conservation Act 1987 (1987 No 65) Amendment(s) incorporated in the Act(s).

Crown Minerals Act 1991 (1991 No 70) Amendment(s) incorporated in the Act(s).

Fertilisers Act 1960 (1960 No 33) (RS Vol 19, p 335) Amendment(s) incorporated in the Act(s).

Films Act 1983 (1983 No 130) Amendment(s) incorporated in the Act(s).

Flags, Emblems, and Names Protection Act 1981 (1981 No 47) Amendment(s) incorporated in the Act(s).
39 Schedule 1 Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 Government Superannuation Fund Act 1956 (1956 No 47) (RS Vol 21, p 209) Amendment(s) incorporated in the Act(s).

Meat Act 1981 (1981 No 56) Amendment(s) incorporated in the Act(s).

Mining Act 1971 (1971 No 25) (RS Vol 17, p 355) Amendment(s) incorporated in the Act(s).

Ombudsmen Act 1975 (1975 No 9) (RS Vol 21, p 657) Amendment(s) incorporated in the Act(s).
Pesticides Act 1979 (1979 No 26) Amendment(s) incorporated in the Act(s).

Public Finance Act 1989 (1989 No 44) Amendment(s) incorporated in the Act(s).

Radiation Protection Act 1965 (1965 No 23) (RS Vol 18, p 673) Amendment(s) incorporated in the Act(s).

Soil Conservation and Rivers Control Amendment Act 1988 (1988 No 48) Amendment(s) incorporated in the Act(s).

Toxic Substances Act 1979 (1979 No 27) Amendment(s) incorporated in the Act(s).
Trade in Endangered Species Act 1989 (1989 No 18) Amendment(s) incorporated in the Act(s).

40 Reprinted as at 1 July 2014 Crown Research Institutes Act 1992 Schedule 2 Schedule 2 Enactments repealed (Which repeals take effect on the commencement of section 48) s 48(1) Finance Act 1988 (1988 No 107) Amendment(s) incorporated in the Act(s).

Foundation for Research, Science, and Technology Act 1990 (1990 No 72) Amendment(s) incorporated in the Act(s).
Public Finance Act 1989 (1989 No 44) Amendment(s) incorporated in the Act(s).

Reserves and Other Lands Disposal Act 1952 (1952 No 69) Amendment(s) incorporated in the Act(s).

Reserves and Other Lands Disposal Act 1955 (1955 No 49) Amendment(s) incorporated in the Act(s).
Scientific and Industrial Research Act 1974 (1974 No 6) (RS Vol 24, p 773) Scientific and Industrial Research Amendment Act 1985 (1985 No 96) (RS Vol 24, p 784) Scientific and Industrial Research Amendment Act 1987 (1987 No 55) (RS Vol 24, p 784) Scientific and Industrial Research Amendment Act 1990 (1990 No 14) Weights and Measures Act 1987 (1987 No 15) Amendment(s) incorporated in the Act(s).
41 Notes Crown Research Institutes Act 1992 Reprinted as at 1 July 2014 Reprints notes 1 2 3 General This is a reprint of the Crown Research Institutes Act 1992 that incorporates all the amendments to that Act as at the date of the last amendment to it.

Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official electronic version also has official status.

Editorial and format changes and Editorial made 26 http://www.pco.parliament.govt.nz/editorial-conventions/.
the Legislation Act to sections changes reprints powers format under 2012. using See the 24 of are to also 4 Amendments incorporated in this reprint Companies Amendment Act 2013 (2013 No 111): section 14 Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102): section 126 Crown Entities Amendment Act 2013 (2013 No 51): sections 42, 72 Research, Science, and Technology Act 2010 (2010 No 131): section 18 Crown Entities Act 2004 (2004 No 115): section 200 Resource Management Amendment Act 2003 (2003 No 23): section 101 Civil Defence Emergency Management Act 2002 (2002 No 33): section 117 Public Audit Act 2001 (2001 No 10): section 53 Crown Research Institutes Act Commencement Order 1998 (SR 1998/40) Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87): section 86(1) Survey Amendment Act 1996 (1996 No 55): section 5 42 Reprinted as at 1 July 2014 12 Crown Research Institutes Act 1992 Notes Wellington, New Zealand: Published under the authority of the New Zealand Government—2014 43