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New Zealand Infrastructure Commission/Te Waihanga Bill Government Bill Explanatory note General policy statement Introduction This Bill establishes the New Zealand Infrastructure Commission/Te Waihanga (the Commission) as an autonomous Crown entity, with the purpose of co-ordinating, developing, and promoting an approach to infrastructure that encourages infrastruc- ture, and services that result from the infrastructure, that improve the well-being of New Zealanders.
Good infrastructure is vital to improving the well-being and living standards of New Zealanders, and delivering a sustainable and inclusive economy.

This is particularly the case for infrastructure relating to transport, water, energy, social assets (such as schools and hospitals), and digital networks (such as mobile and broadband network infrastructure).
The Commission will address existing challenges to the way New Zealand plans for and delivers infrastructure, such as poor incentive structures that result in ad hoc and short-term investment decisions that are often focused on the asset solution, rather than the outcome sought.

In part, these challenges exist because planning and funding decisions are not linked to an over-arching vision and strategy.
The Commission will focus on promoting infrastructure that improves the well-being of New Zealanders by— • • • developing broad public agreement on long-term infrastructure strategy: enabling co-ordination of infrastructure planning: providing advice and best-practice support to infrastructure projects.
All of the Commission’s functions are advisory only and there are no changes to deci- sion-making powers for Ministers or departments that invest in or maintain infrastruc- 130—1 2 New Zealand Infrastructure Commission/Te Waihanga Bill Explanatory note ture, or to the overall accountability for those decisions.

The Commission adds an over-arching strategic perspective to these decisions that does not currently exist.
Functions The Commission’s main function is to co-ordinate, develop, and promote an approach to infrastructure that encourages infrastructure, and services that result from infra- structure, that improve the well-being of New Zealanders.

In addition, the Commission will have 2 groups of functions: strategy and planning, and support for projects.

Strategy and planning functions The Commission’s strategy and planning functions enable the Commission to provide advice in relation to infrastructure.
As part of performing these functions, it is expec- ted that the Commission will— • • • work with infrastructure owners to gather information and build a picture of the current state of New Zealand’s infrastructure.
This would highlight any gaps, and provide an evidence base for the Commission’s role in developing a strat- egy for future infrastructure: develop a view on priority future infrastructure investments that fit within the strategy, over and above those that have already been committed to by decision makers: publish a long-term capital intentions plan, drawing on central and local gov- ernment long-term plans and private sector data to present a picture of invest- ment intentions over a 10-year horizon.
Strategy report for priorities for next 30 years, and Government response The Commission is required to publish a strategy report that sets out the Commis- sion’s view on priorities for infrastructure for the next 30 years.

The Government must make a public statement responding to the report.

The report will be published about every 5 years.

The Commission could publish the report more frequently, and could also publish other reports in the lead-up to its next strategy report.
The Minister for Infrastructure has 90 days to comment on a draft strategy report.

The Commission then has 90 days to finalise the report, and the Gov- ernment then has 180 days to make its public response.

It is possible that a general election could be called before the Government has provi- ded the Commission with comments on a draft report, or completed its public response to the final report.
In that case, the deadline would be extended by the length of the election period (defined as beginning on writ day until 2 months after Parlia- ment is recalled).

That 2 months gives a new government more time to work on its comments or public response (as the case may be).

Explanatory note New Zealand Infrastructure Commission/Te Waihanga Bill 3 Reports on matters relating to infrastructure The Minister may direct the Commission to provide a report on any particular matter relating to infrastructure.
It is important that the Commission is responsive to the Government’s particular needs for advice from time to time.

The power to direct a report on any particular matter provides a formal and transparent process for the Min- ister’s requests, and the Government expects this power would only be used for reports on significant matters.

The Commission can produce and publish reports on infrastructure matters on its own initiative, and provide other advice, using its general powers.
Support functions The Commission is empowered to, and will be expected to, support and promote best- practice infrastructure delivery.
As part of performing these functions, it is expected that the Commission will— • • • act as a “shop front” for the market: This allows the Commission to identify opportunities to strengthen the New Zealand infrastructure sector and remove barriers to entry for new parties: publish pipeline information in relation to infrastructure projects: The Commis- sion will draw together information and data from across central and local gov- ernment to present a collated and uniform pipeline of infrastructure projects, in order to enable the sector to plan with more certainty, which is likely to lead to a more competitive supply market: produce best-practice guidance on infrastructure procurement and delivery.
Support services for central and local government infrastructure projects The Commission will also provide advisory support services for infrastructure proj- ects and proposed projects, which is intended to support central and local government projects.

The Commission will be a centre of expertise to assist infrastructure projects to be delivered efficiently and effectively.

It is also expected to provide advice on business cases for proposed projects.
In performing these support services, the Commission can rely on its general powers as a separate legal entity, including the power to enter into contracts and to participate in project governance and working groups.

The Commission could embed its staff into agencies to support projects where appropriate, and potentially charge for some of its services by agreement where the cost of those services cannot reasonably be met by the Commission’s baseline funding.
Information-gathering powers The Commission’s ability to successfully fulfil its functions depends heavily on its ability to gather information from infrastructure asset owners.

It is expected that the Commission will use existing sources of information and will collaborate with infra- structure owners to encourage them to provide information.
4 New Zealand Infrastructure Commission/Te Waihanga Bill Explanatory note However, as the Commission’s success depends heavily on its ability to gather infor- mation, the Bill includes provisions requiring certain State sector agencies to comply with information requests to enable the Commission to carry out its functions.

Amendments to other Acts The Bill amends the Crown Entities Act 2004 and the Ombudsmen Act 1975 to include the Commission in relevant lists.
Departmental disclosure statement The Treasury is required to prepare a disclosure statement to assist with the scrutiny of this Bill.

The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?

type=bill&subtype=government&year=2019&no=130 Clause 1 is the Title clause.
Clause by clause analysis Clause 2 is the commencement clause.

The Bill comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions Clause 3 defines various terms used in the Bill.

Clause 4 gives effect to the transitional and savings provisions set out in Schedule 1 of the Bill.
Broadly speaking, these provisions— • • • provide for offers of employment positions to be made to relevant Treasury employees (see also sections 61A, 61B, and 61D of the State Sector Act 1988): make arrangements for employees who transfer: provide for transfers of relevant contracts to the Commission.

The intention is that contracts entered into in anticipation of this Bill will be transferred to the Commission.

Clause 5 provides that the Act will bind the Crown.
Part 2 New Zealand Infrastructure Commission/Te Waihanga Subpart 1—Establishment of Commission Clause 6 establishes the New Zealand Infrastructure Commission/Te Waihanga (the Commission).

Explanatory note New Zealand Infrastructure Commission/Te Waihanga Bill 5 Clause 7 provides that the Commission is a Crown entity to which the Crown Entities Act 2004 (the CEA) applies, except to the extent that the Bill expressly provides otherwise.
Clause 8 provides for the membership of the Commission, with the effect that the Commission must comprise a total of no more than 7 but not fewer than 3 members.

Subpart 2—Functions of Commission Clause 9 provides that the main function of the Commission is to co-ordinate, develop, and promote an approach to infrastructure that encourages infrastructure (and resulting services) that improves the well-being of New Zealanders.
Clause 10 provides additional functions of the Commission, separated into 2 broad groups.

Paragraphs (a) to (c) set out the Commission’s strategy and planning func- tions.
These functions are— • • • to develop broad public agreement on the strategic approach developed by the Commission and the strategy reports that the Commission must provide under subpart 3: to provide advice in relation to infrastructure: to provide regular strategy reports in accordance with subpart 3 and to provide reports when directed to do so by the responsible Minister in accordance with subpart 4.

Paragraphs (d) to (f) set out the Commission’s support functions.
These functions relate to current and proposed infrastructure projects, and empower the Commis- sion— • • • to promote a strategic and co-ordinated approach to the delivery of infrastruc- ture projects: to provide and co-ordinate information in relation to infrastructure projects: to provide support services to those projects.

Support services include provid- ing advice in relation to a proposed project, and providing services or staff to assist with the delivery of a project (see clause 3).
Clause 11 sets out further detail that applies when the Commission is identifying or giving advice on current and future infrastructure needs or the priorities for infrastruc- ture (including an objective of achieving infrastructure that improves the well-being of New Zealanders, and a requirement to have regard to long-term trends such as cli- mate change).

Subpart 3—Strategy reports Clause 12 requires the Commission to provide strategy reports to the responsible Minister.
Clause 13 sets out the required content of the strategy report.

The report must con- sider the ability of existing infrastructure to meet community expectations, and iden- 6 New Zealand Infrastructure Commission/Te Waihanga Bill Explanatory note tify priorities for infrastructure.

A 30-year time frame must be considered by the report.
Clauses 14 and 15 establish a process that requires the Commission to provide a draft of the report to the responsible Minister and allows the Minister to give comments in response.

If the Minister provides comments within the specified time frame (90 days), the Commission must have regard to those comments when finalising the report.

The Minister’s 90 days does not include any days that fall within an election period (see clause 19).
Clause 14 includes the deadlines by which the Commission must provide drafts to the Minister, with the intention of setting a regular cycle for providing strategy reports.

The Commission has 2 years to provide a draft of the first report prepared under this Bill, and 4 years and 6 months to provide all subsequent drafts.

Each draft is finalised and provided to the Minister under clause 16, which then starts the countdown to the next deadline.
The intention is that there will never be more than 4 years and 6 months between the provision of a final strategy report and a draft of the next strategy report.

The deadlines establish maximum periods for providing the drafts, and there is nothing to stop the Commission from providing a draft earlier than the required dead- line.

Clause 16 requires the Commission to finalise a strategy report and provide that report to the Minister.

The Commission has 90 days to do this.


Clause 17 requires the Minister to present a copy of the strategy report to the House of Representatives as soon as practicable after receiving it.

Clause 18 requires the Minister to present a statement of the Government’s response to the strategy report.

The Minister has 180 days to do this (excluding any days that fall within an election period (see clause 19)).
Clause 19 provides that days that fall within an election period must be disregarded for the purpose of calculating the periods under clauses 15(2)(b) and 18.

The purpose of this clause is to suspend the calculation of the 90-day or 180-day time frames (as applicable) while the general election is being held and a new government is being formed, in order to allow a new government sufficient time to be able to provide com- ments on the report or a statement of response.
Subpart 4—Directions to provide report Clause 20 empowers the responsible Minister to direct the Commission to provide a report on any matter relating to infrastructure.

The direction may specify the scope of the matter to be reported on, requirements as to consultation, and the date by which the Commission must provide its report.

Clause 21 provides that a direction under clause 20 is a direction for the purposes of section 114 of the CEA.
As a result, the Commission must give effect to the direction and sections 114 and 115 of the CEA will apply to the direction.
This means that— • the Minister must consult the Commission before giving the direction: Explanatory note New Zealand Infrastructure Commission/Te Waihanga Bill 7 • • the direction must be in writing and signed by the Minister, and after it is given it must be published in the Gazette and presented to the House of Representa- tives: the direction can be amended, replaced, or revoked.
Section 115A of the CEA (which requires directions to be reviewed after 5 years if they do not specify an expiry date) does not apply to directions under clause 20.

Clause 21 also requires the Minister, when deciding whether to give a direction and in specifying the terms of the direction, to have regard to the impact the direction will (or is likely to) have on the Commission’s ability to manage its functions.
For example, the Minister may assess the Commission’s current and upcoming workload, and adjust the deadline for providing the report or the scope of the report as a result.

Clause 22 requires the Commission to publish any report that it provides to the Minis- ter under this subpart.
Subpart 5—Power to obtain information Clause 23 empowers the Commission to obtain information from the entities identi- fied in clause 23(5), where that information is necessary or desirable to enable the Commission to perform its functions.
This power does not extend to— • • • personal information; or information collected under the Statistics Act 1974 (access to that information can instead be obtained in accordance with the provisions of that Act); or information that a revenue officer must keep confidential under section 18(1) of the Tax Administration Act 1994.
Clause 24 provides 3 grounds on which a request can be refused, as follows: • • • if withholding the information is necessary to maintain legal professional priv- ilege; or if the supply of the information would limit the ability of the entity (or its employees, members, or office holders) to act judicially, or to carry out the statutorily independent functions of the entity, in relation to a particular matter; or if the supply of the information would be likely to result in the outcomes described in section 6(a) or (b) of the Official Information Act 1982 (which generally relate to the security or defence of New Zealand).
However, information cannot be withheld at all if it could not properly be withheld under the Official Information Act 1982.

Clause 25 sets out restrictions that apply to the publication or disclosure of informa- tion obtained by the Commission under clause 23.
In general, the Commission will only be able to publish the information in statistical or summary form, unless the information is otherwise publicly available, the Commission has the consent of the relevant affected people, or publication or disclosure is required by law.

8 New Zealand Infrastructure Commission/Te Waihanga Bill Explanatory note Subpart 6—Amendments to other enactments Clause 26 provides for the consequential amendments to other Acts set out in Sched- ule 2.
These amendments— • • add the Commission to Part 2 of Schedule 1 of the CEA.

This means that the Commission is an autonomous Crown entity for the purposes of the CEA: add the Commission to Part 2 of Schedule 1 of the Ombudsmen Act 1975.

This means that the Ombudsmen Act 1975 and the Official Information Act 1982 will apply to the Commission.
Hon Shane Jones New Zealand Infrastructure Commission/Te Waihanga Bill Government Bill Contents Page Title Commencement Part 1 Preliminary provisions Interpretation Transitional, savings, and related provisions Act binds the Crown Part 2 New Zealand Infrastructure Commission/Te Waihanga Subpart 1—Establishment of Commission New Zealand Infrastructure Commission/Te Waihanga established Commission is Crown entity Members of Commission Subpart 2—Functions of Commission Main function of Commission Additional functions of Commission Infrastructure needs and priorities for infrastructure Subpart 3—Strategy reports Strategy reports required Content of strategy report Commission must provide draft to Minister Commission must have regard to Minister’s comments on draft 130—1 2 2 2 3 3 3 4 4 4 4 5 5 5 5 6 1 cl 1 26 New Zealand Infrastructure Commission/Te Waihanga Bill Commission must finalise and provide report to Minister Report must be presented to House and published Statement of Government’s response must be presented to House Election period disregarded for purposes of calculating deadlines Subpart 4—Directions to provide report Minister may give direction to provide report Process for giving direction to provide report Commission must publish report Subpart 5—Power to obtain information Power of Commission to obtain information Reasons for refusing to supply requested information Publication or disclosure of information to other persons Subpart 6—Amendments to other enactments Amendments to other enactments Schedule 1 Transitional, savings, and related provisions Schedule 2 Amendments to other enactments 6 6 6 6 6 7 7 7 8 8 9 10 12 The Parliament of New Zealand enacts as follows: 1 2 Title This Act is the New Zealand Infrastructure Commission/Te Waihanga Act 2019.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Preliminary provisions 3 Interpretation In this Act, unless the context otherwise requires,— 5 10 Commission means the New Zealand Infrastructure Commission/Te Waihanga, established under section 6 community expectations— (a) means the expectations of the communities that use, or will use, the infrastructure or the services that result from the infrastructure; and 15 (b) includes expectations in relation to— 2 New Zealand Infrastructure Commission/Te Waihanga Bill Part 2 cl 6 (i) (ii) (iii) (iv) benefits and other outcomes that result from the infrastructure or services; and how the services are delivered; and the quality of the services; and how the infrastructure is built and maintained 5 election period means the period— (a) (b) beginning with writ day; and ending with the day that is 2 months after the day of commencement of the next session of Parliament infrastructure means physical infrastructure in New Zealand or that results in services in New Zealand 10 infrastructure project includes— (a) (b) the creation of new infrastructure; and the maintenance, upgrading, replacement, decommissioning, or removal of existing infrastructure 15 Minister or responsible Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is the person for the time being responsible for the administration of this Act support services are services that support the delivery of an infrastructure pro- ject (or a proposed project), and include— 20 (a) (b) providing advice in relation to a proposed project; and providing services or staff to assist with the delivery of a project writ day has the meaning given to it by section 3(1) of the Electoral Act 1993.
Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

25 Act binds the Crown This Act binds the Crown.

4 5 Part 2 New Zealand Infrastructure Commission/Te Waihanga 30 Subpart 1—Establishment of Commission 6 New Zealand Infrastructure Commission/Te Waihanga established The New Zealand Infrastructure Commission/Te Waihanga is established.
3 Part 2 cl 7 New Zealand Infrastructure Commission/Te Waihanga Bill 7 (1) (2) 8 (1) Commission is Crown entity The Commission is a Crown entity for the purposes of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.

5 Members of Commission The Commission must have no fewer than 3, and not more than 7, members.

(2) Members of the Commission are a board for the purposes of the Crown Entities Act 2004.
Subpart 2—Functions of Commission 9 Main function of Commission The main function of the Commission is to co-ordinate, develop, and promote an approach to infrastructure that encourages infrastructure, and services that result from the infrastructure, that improve the well-being of New Zealanders.
10 Additional functions of Commission The Commission has the following additional functions: Strategy and planning functions (a) (b) to develop broad public agreement on the approach under section 9 and the strategy reports provided under subpart 3: to provide advice in relation to infrastructure, including (without limita- tion) advice in relation to— (i) (ii) (iii) the ability of existing infrastructure to meet community expecta- tions; and current and future infrastructure needs; and the priorities for infrastructure; and (iv) matters that prevent, limit, or promote the efficient and effective delivery of infrastructure, and services that result from the infra- structure: to provide reports in accordance with subparts 3 and 4: Support functions to promote a strategic and co-ordinated approach to the delivery of cur- rent and proposed infrastructure projects: to provide and co-ordinate information about current and proposed infra- structure projects: to provide support services to current and proposed infrastructure proj- ects.
35 10 15 20 25 30 (c) (d) (e) (f) 4 New Zealand Infrastructure Commission/Te Waihanga Bill Part 2 cl 14 11 Infrastructure needs and priorities for infrastructure When identifying or advising on current and future infrastructure needs, or the priorities for infrastructure, the Commission— (a) must provide advice with the objective of achieving infrastructure, and services that result from the infrastructure, that improve the well-being of New Zealanders; and 5 (b) must have regard to long-term trends that impact on, or are impacted by, infrastructure, including (but not limited to)— (i) (ii) changes to demographics; and the emergence and availability of new technology; and (iii) matters relating to the mitigation of the effects of climate change (including through reducing emissions of greenhouse gases) and adapting to the effects of climate change; and (c) may have regard to any other matters the Commission considers rele- vant.
Subpart 3—Strategy reports 12 Strategy reports required The Commission must provide strategy reports to the responsible Minister in accordance with this subpart.

13 Content of strategy report (1) A strategy report must— 10 15 20 (a) include a statement as to the ability of existing infrastructure to meet community expectations for the next 30 years; and (b) identify the priorities for infrastructure for the next 30 years.
(2) A strategy report may include any other matters the Commission considers 25 relevant.

14 (1) Commission must provide draft to Minister Before finalising a strategy report, the Commission must provide a draft to the responsible Minister.

(2) A draft of the first strategy report prepared under this Act must be provided not later than the day that is 2 years after the day on which this Act comes into force.
(3) Thereafter, a draft must be provided not later than the day that is 4 years and 6 months after the day on which the last strategy report was provided to the Min- ister under section 16.

30 35 5 Part 2 cl 15 New Zealand Infrastructure Commission/Te Waihanga Bill 15 (1) Commission must have regard to Minister’s comments on draft The Minister may provide comments on the draft to the Commission.
(2) Any comments must be provided— (a) (b) in writing; and not later than the day that is 90 days after the day on which the Minister receives the draft.

5 (3) 16 (1) The Commission must have regard to the Minister’s comments (if any) when finalising the strategy report.

Commission must finalise and provide report to Minister The Commission must finalise the strategy report and provide it to the respon- sible Minister.
10 (2) The report must be provided not later than the day that is 90 days after— (a) (b) the day of receipt of any Minister’s comments under section 15; or if no comments are received within the period set out in section 15(2)(b), the last day of the period under section 15(2)(b).

17 (1) (2) Report must be presented to House and published The responsible Minister must present a copy of the strategy report to the House of Representatives as soon as practicable after receiving the report.
The Commission must publish the report on an Internet site maintained by or on behalf of the Commission as soon as practicable after the report is presented to the House.

18 Statement of Government’s response must be presented to House The responsible Minister must present a statement of the Government’s response to the strategy report to the House of Representatives not later than the day that is 180 days after the day on which the report is provided to the Minister.
19 Election period disregarded for purposes of calculating deadlines Any days that fall within an election period must be disregarded for the pur- poses of calculating the periods under sections 15(2)(b) and 18.

Subpart 4—Directions to provide report 20 Minister may give direction to provide report (1) The responsible Minister may direct the Commission to provide a report to the Minister on any matter relating to infrastructure.
(2) The terms of the direction may specify 1 or more of the following: (a) the scope of the matter to be reported on: 15 20 25 30 35 6 New Zealand Infrastructure Commission/Te Waihanga Bill Part 2 cl 23 (b) requirements relating to consultation with the Minister or any other per- son: (c) the date by which the Commission must provide its report.
21 Process for giving direction to provide report (1) A direction under section 20 is a direction for the purposes of section 114 of 5 the Crown Entities Act 2004, and— (a) (b) the Commission must give effect to the direction in accordance with sec- tion 114 of that Act; and the provisions of sections 114 and 115 of that Act (but not section 115A) apply to the direction.
10 (2) In deciding whether to give the direction, and in specifying the terms of that direction, the Minister must have regard to the impact that the direction will or is likely to have on the Commission’s ability to manage its functions and oper- ations, having regard to the Commission’s available resources.

22 Commission must publish report The Commission must publish every report that is provided to the Minister under this subpart on an Internet site maintained by or on behalf of the Com- mission.
Subpart 5—Power to obtain information 23 (1) Power of Commission to obtain information The Commission may request an entity specified in subsection (5) to supply to the Commission any information that is necessary or desirable to enable the Commission to perform its functions.

(2) A request— (a) must be in writing; and (b) may state the date by which, and the manner in which, the information requested must be provided.

(3) If a date is specified under subsection (2)(b), that date must be reasonable.
(4) An entity to whom the request is made must comply with the request.
(5) A request may be made to 1 or more of the following entities: (a) a department named in Schedule 1 of the State Sector Act 1988, other than— 15 20 25 30 (i) (ii) the Government Communications Security Bureau; and the New Zealand Security Intelligence Service: (b) a departmental agency named in Schedule 1A of the State Sector Act 1988: 35 7 Part 2 cl 24 New Zealand Infrastructure Commission/Te Waihanga Bill (c) (d) a statutory entity named in Schedule 1 of the Crown Entities Act 2004: the New Zealand Defence Force.
(6) In subsection (1), information does not include— (a) personal information as defined in section 2(1) of the Privacy Act 1993; or 5 (b) (c) information held by the Government Statistician that was collected under the Statistics Act 1975; or information that a revenue officer must keep confidential under section 18(1) of the Tax Administration Act 1994.
Compare: 1989 No 44 s 19 24 Reasons for refusing to supply requested information (1) Despite section 23(4), a request for information may be refused if— (a) (b) withholding the information is necessary to maintain legal professional privilege; or the supply of the information would limit the ability of the entity, or of any of its employees, members, or office holders, to act judicially, or to carry out the statutorily independent functions of the entity, in relation to a particular matter; or 10 15 (c) the supply of the information would be likely to result in the outcomes described in section 6(a) or (b) of the Official Information Act 1982.
20 (2) The information cannot be withheld other than for the reasons in subsection (1), and cannot be withheld at all if it could not properly be withheld under the Official Information Act 1982.
Compare: 2004 No 115 s 134 25 Publication or disclosure of information to other persons The Commission must not publish or disclose any information obtained under section 23 unless 1 or more of the following applies: (a) the information is available to the public under any enactment or is otherwise publicly available: (b) (c) the information is in a statistical or summary form: the publication or disclosure is with the consent of the person to whom the information relates or of the person to whom the information is con- fidential: (d) the publication or disclosure is required by law.
Compare: 2011 No 5 s 59(3) 25 30 35 8 New Zealand Infrastructure Commission/Te Waihanga Bill Part 2 cl 26 Subpart 6—Amendments to other enactments 26 Amendments to other enactments Amend the enactments specified in Schedule 2 as set out in that schedule.
9 Schedule 1 New Zealand Infrastructure Commission/Te Waihanga Bill Schedule 1 Transitional, savings, and related provisions Part 1 Provisions relating to this Act as enacted s 4 5 1 (1) Offer of position to Treasury employees The chief executive of the Treasury must identify the employees of the Treas- ury— (a) whose duties are, overall, more closely connected with the functions of the Commission; and 10 (b) whose positions will, as a result of the establishment of the Commission, cease to exist within the Treasury.
(2) An employee who is identified under subclause (1) must be offered an alter- native position with the Commission.

(3) 2 (1) (2) In this clause, alternative position means a position with the Commission that satisfies the requirements set out in section 61A(1)(b)(i) to (v) of the State Sec- tor Act 1988.
Compare: 2012 No 94 s 17 Employment of transferred employee to be treated as continuous employment This clause applies to an employee who is transferred to the Commission as a result of the employee accepting an offer made under clause 1(2).

The employment of a transferred employee is to be treated as continuous employment for the purposes of any enactment.
Compare: 2013 No 94 s 12 3 Government Superannuation Fund (1) Any person who, immediately before becoming an employee of the Commis- sion, was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the Government service as long as the person continues to be an employee of the Commission.
15 20 25 30 The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s service as an employee of the Commission were Government service.

Subclause (1) does not entitle a person to become a contributor to the Gov- ernment Superannuation Fund if the person has ceased to be a contributor.
35 (2) (3) 10 New Zealand Infrastructure Commission/Te Waihanga Bill Schedule 1 (4) 4 (1) For the purpose of applying the Government Superannuation Fund Act 1956, the Commission is the controlling authority.
Compare: 2013 No 94 s 14 Transfer of contracts to Commission This clause applies to a contract (other than an employment contract) that— 5 (a) (b) (c) was made between the Treasury and another person; and is identified by the chief executive of the Treasury; and was entered into by the Treasury in contemplation of this Act.
(2) On and after the commencement of this Act,— (a) (b) the contract must be treated as if the Commission were the party to the contract instead of the Treasury; and 10 unless the context otherwise requires, every reference in the contract to the Treasury is to be read as a reference to the Commission.

(3) In this clause, the Treasury includes— (a) (b) the chief executive of the Treasury; and 15 the Sovereign in right of New Zealand acting by and through the Secre- tary to the Treasury.
Compare: 2013 No 94 s 15 11 Schedule 2 New Zealand Infrastructure Commission/Te Waihanga Bill Schedule 2 Amendments to other enactments Crown Entities Act 2004 (2004 No 115) In Schedule 1, Part 2, insert in its appropriate alphabetical order: New Zealand Infrastructure Commission/Te Waihanga Ombudsmen Act 1975 (1975 No 9) In Schedule 1, Part 2, insert in its appropriate alphabetical order: New Zealand Infrastructure Commission/Te Waihanga s 26 5 Wellington, New Zealand: Published under the authority of the New Zealand Government—2019 12