Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750400009.pdf (New Zealand)
2021/99 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 Patsy Reddy, Governor-General Order in Council At Wellington this 10th day of May 2021 Present: Her Excellency the Governor-General in Council This order is made under section 363 of the Education and Training Act 2020— (a) (b) on the advice and with the consent of the Executive Council; and on the recommendation of the Minister of Education made in accordance with section 363(3) and (4) of that Act.
Contents Title Commencement Interpretation Transitional, savings, and related provisions Council Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council Established Coverage of Council Performance of Council’s functions and duties Additional functions of Council Statement of strategic direction Annual report Page 2 2 3 3 3 3 3 4 5 5 1 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 Members of Council Membership Industry stakeholder group Appointment process Matters to be considered when appointing members Disqualification from office Term of appointment Governance associates Co-chairpersons Revocation of appointments Continuation in office Vacancies Responsibilities of members Collective duties Individual duties Accountability Personal liability Conflicts of interest Industry engagement and collaboration Industry engagement Collaboration with other workforce development councils Miscellaneous Appointment of general manager and other employees Delegation Meetings Schedule 1 Transitional, savings, and related provisions Schedule 2 Specified industries Order 6 6 7 7 8 9 9 9 10 11 11 11 12 12 13 13 14 14 14 15 15 16 18 Title This order is the Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021.
Commencement This order comes into force on 11 June 2021. cl 1 26 27 28 29 30 31 1 2 2 2021/99 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 cl 7 3 Interpretation In this order, unless the context otherwise requires,— Act means the Education and Training Act 2020 Council means the Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council established by clause 5 learner means a learner in 1 or more of the specified industries member means a member of the Council specified industries means the industries listed in Schedule 2 tertiary education strategy means the tertiary education strategy issued under section 7 of the Act vocational education provider means a provider of vocational education or training for 1 or more of the specified industries.
4 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Council Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council Established This clause establishes the Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council.

Coverage of Council The Council covers the specified industries.
Performance of Council’s functions and duties 5 6 7 (1) When performing its functions under section 366 of the Act, and its additional functions under clause 8, the Council must act in a manner that— (a) facilitates the voices of the specified industries to contribute to the crea‐ tion of a sustainable, globally engaged, and adaptive New Zealand: (b) seeks to contribute to an education system that— (i) (ii) provides opportunities for all people in the specified industries to reach their full potential and capabilities, including those who have been traditionally underserved by the education system: helps to ensure fair and equitable outcomes for all people in the specified industries: (c) contributes to an education system that honours Te Tiriti o Waitangi and supports Māori–Crown relations: 3 cl 8 (d) Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 seeks to work with learners, industry (including, but not limited to, employers, employees, self-employed people, volunteers, industry asso‐ ciations, and unions), tāngata whenua, stakeholders, and the other work‐ force development councils and other organisations to deliver the out‐ comes that the Council seeks: (e) aims to support the responses to New Zealand’s current and future work‐ force needs, taking into account— (i) (ii) (iii) (iv) (v) new global challenges; and emerging technologies; and global sustainability goals; and the changing nature of work; and the skills, knowledge, and qualifications learners will need in future to achieve success for themselves and their communities; and (vi) the transition to a low-emissions and climate-resilient New Zea‐ land: (f) contributes to a well-functioning labour market system in which the spe‐ cified industries can access the skills required to meet their current and future needs.
(2) In performing its functions, the Council must give effect to— (a) the relevant parts of the tertiary education strategy; and (b) Ka Hikitia–Ka Hāpaitia; and (c) the Action Plan for Pacific Education 2020–2030.
(3) When performing its duty under section 369(2)(b) of the Act to have regard to the needs of Māori and other population groups identified in the tertiary educa‐ tion strategy, the Council must consult the persons or bodies it considers on reasonable grounds represent the interests of Māori and those population groups.

(4) The Council may appoint committees to advise it on any matters relating to the performance or exercise of its functions, duties, or powers.
8 Additional functions of Council The additional functions of the Council are— (a) (b) (c) to advocate for the specified industries and promote career opportunities within the specified industries with the aim of achieving a balance in the supply and demand for skilled employees: to undertake research and development activities to support its functions: to promote opportunities for all people to reach their full potential and capabilities by supporting quality vocational educational and training outcomes: 4 2021/99 9 (1) Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 cl 10 (d) to address the needs and aspirations of priority learners in the specified industries, including Pacific learners and people with disabilities.
Statement of strategic direction The Council must, at least once every 3 years, issue a statement setting out its strategic direction for the next 5 years.
(2) The statement must include (without limitation)— (a) how the Council intends to— (i) (ii) perform its functions; and give effect to— (A) the relevant parts of the tertiary education strategy; and (B) Ka Hikitia–Ka Hāpaitia; and (C) the Action Plan for Pacific Education 2020–2030; and (b) the performance measures that the Council will use to assess its perform‐ ance against the goals and objectives set out in the statement of strategic direction.
(3) Before issuing a statement, the Council must— (a) (b) engage with the specified industries to develop the statement; and consult with the following on the proposed statement: (i) (ii) (iii) the Minister; and vocational education providers; and persons or bodies the Council considers on reasonable grounds represent the interests of Māori.

(4) The Council must publish a copy of the statement on an Internet site main‐ tained by or on behalf of the Council.
10 Annual report (1) As soon as practicable after the end of each financial year, the Council must provide the specified industries and the Minister with an annual report on the operations and activities of the Council in the performance of its functions dur‐ ing that financial year.
(2) The annual report must include (without limitation)— (a) (b) the audited financial statements of the Council; and an outline of the progress the Council has made towards achieving the goals and objectives set out in its statement of strategic direction.
5 cl 11 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 Members of Council 11 Membership (1) The Council comprises 5, 6, or 7 members as determined by the Council and made up as follows: (a) (b) (c) (d) at least 1 member must be a person nominated by Māori employers in the specified industries to represent them: at least 1 member must be a person nominated by trade unions and endorsed by the New Zealand Council of Trade Unions Te Kauae Kai‐ mahi to represent employees in the specified industries: at least 1 member must be a person nominated by employers in the spe‐ cified industries to represent them: additional members as required to bring the total membership of the Council up to 5, 6, or 7 members.
(2) In addition to the members appointed under subclause (1), the Council may co- opt 1 or 2 persons to be members if necessary to ensure that the Council as a whole has an appropriate mix of skills, leadership, and experience.

(3) As far as is reasonably practicable, at least half (approximately) of the mem‐ 12 (1) bers of the Council must be Māori.
Industry stakeholder group The Council must, in consultation with the specified industries, establish an industry stakeholder group comprising persons who represent a broad range and diversity of views across the specified industries.

(2) A member of the Council cannot be a member of the industry stakeholder group.

(3) The industry stakeholder group must appoint an independent chairperson who must have sufficient knowledge, skill, or experience in te ao Māori (including te reo Māori and mātauranga Māori).
(4) The role of the industry stakeholder group is to— (a) (b) (c) (d) determine how the members appointed under clause 11(1)(d) are to be selected: appoint members of the Council: provide feedback to the Council on its strategic direction and perform‐ ance: provide advice and information to the Council from an industry perspec‐ tive on matters arising from the performance of its functions.
The group may meet as often as it considers necessary for the effective per‐ formance of its role and must meet with the Council at least once each year to discuss the strategic direction.
(5) 6 2021/99 13 (1) Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 cl 14 Appointment process The industry stakeholder group must appoint a selection panel comprising 5 members from the specified industries, including the chairperson of the indus‐ try stakeholder group.

(2) Members of the Council cannot be appointed to the selection panel.
(3) The selection panel must— (a) (b) (c) (d) seek nominations for appointment as a member under clause 11(1)(a) to (c); and invite expressions of interest for appointment as a member under clause 11(1)(d); and identify those persons who are suitable for appointment as members of the Council; and recommend to the industry stakeholder group persons who it considers are suitable for appointment as members of the Council, having regard to the matters set out in clause 14.
(4) (5) The industry stakeholder group must consider the recommendations made by selection panel and appoint as members of the Council those persons who are best suited for appointment as a member, having regard to the matters set out in clause 14.

Before making the appointments, the industry stakeholder group must consult with the Council on the knowledge, skills, and experience necessary to enable the Council to perform its functions.
14 Matters to be considered when appointing members (1) The industry stakeholder group must appoint as members of the Council per‐ sons who have— (a) (b) (c) (d) (e) leadership experience in at least 1 of the specified industries covered by the Council: experience in governance or public administration, or both: demonstrated a commitment to act with impartiality, honesty, integrity, and manaakitanga: in the case of the employer representative, the support of employers in the specified industries: in the case of the employee representative, the support of the Council of Trade Unions Te Kauae Kaimahi: (f) an understanding of, and commitment to,— (i) (ii) inclusion; and eliminating inequality; and 7 cl 15 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 (iii) addressing the needs of underserved learners, including Māori, Pacific peoples, and people living with disabilities.
(2) When appointing members, the industry stakeholder group must, as far as is reasonably practicable, ensure that the Council has— (a) (b) (c) (d) (e) (f) (g) a diversity of ages, ideas, ethnic backgrounds, and genders; and representatives from both large and small enterprises within the specified industries and industry associations; and sufficient representation of Māori, Pacific peoples, and disabled people; and sufficient experience in the vocational education and training system; and enough members with skills in te ao Māori, including te reo Māori and mātauranga Māori, to ensure that the Council has proper regard for Māori perspectives in performing its functions; and an understanding of kaitiakitanga, including in relation to the low-car‐ bon, low-waste circular economy; and a deep understanding of, and commitment to the principles of, Te Tiriti o Waitangi; and (h) sufficient experience in financial analysis and management.
15 Disqualification from office The following persons are disqualified from being members: (a) (b) (c) (d) (e) a person who is an undischarged bankrupt: a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unin‐ corporated body under any enactment: a person who is subject to a property order under the Protection of Per‐ sonal and Property Rights Act 1988: a person in respect of whom a personal order has been made under that Act that reflects adversely on the person’s— (i) (ii) competence to manage their own affairs in relation to their prop‐ erty; or capacity to make or to communicate decisions relating to any par‐ ticular aspect or aspects of their personal care and welfare: a person who has been convicted of an offence punishable by imprison‐ ment for a term of 2 years or more, or who has been sentenced to impris‐ onment for any other offence, unless the person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person: (f) a member of Parliament: 8 2021/99 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 cl 18 (g) a person who is disqualified from holding office under an Act.
16 Term of appointment (1) When making appointments, the industry stakeholder group must specify a term of appointment having regard to the need to maintain continuity in mem‐ bership of the Council in a calendar year.

(2) A member may be appointed for a period of between 2 and 4 years.

(3) A member may be reappointed if the total of any consecutive or non-consecu‐ 17 (1) tive terms does not exceed 8 years.
Governance associates The Council must appoint 1 or 2 persons to be non-voting associate members of the Council (governance associates) to— (a) (b) (c) (d) provide opportunities for people of different ages, ethnicities, ideas, and genders to develop the knowledge, skills, and experience in governance necessary to be appointed as a member of a professional governing body; or increase opportunities for participation at a governance level by Māori, Pacific peoples, and disabled people; or draw on the experience, knowledge, and views of learners; or ensure that over the long term there is adequate representation of Māori, with the aim of contributing towards an education system that honours Te Tiriti o Waitangi and supports Māori–Crown relationships.
(2) Governance associates may be appointed for a term of up to 2 years.

18 Co-chairpersons Appointment (1) The Council must appoint 2 of the members to be co-chairpersons, one of whom must be Māori, by notice in writing stating the date on which the appointment takes effect.

(2) When appointing co-chairpersons, the Council must ensure that each co-chair‐ person has demonstrated a commitment to working with each other as active partners with a shared kaupapa aligned with the functions of the Council.
Term of office (3) Each co-chairperson holds that office until— (a) (b) (c) (d) they resign from that office; or they are removed from it by the Council; or they cease to hold office as a member; or the term of office specified on appointment expires.

(4) A person may be reappointed as co-chairperson for a further term.
9 cl 19 (5) (6) (7) Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 Resignation The co-chairperson may, without resigning as a member, resign from that office by giving written notice to the Council.

The notice of resignation must state the date on which the resignation takes effect.
Removal The Council may, after consulting the person concerned, remove a co-chair‐ person of the Council from that office by written notice to the person (with a copy to the Council).

(8) The notice of removal must state the date on which the removal takes effect.
Allocation of functions (9) The Council must determine a policy relating to the allocation of functions, duties, and responsibilities of the co-chairpersons, including the process for determining— (a) which co-chairperson will chair each meeting; and (b) which co-chairperson is for the time being responsible for overseeing the performance of the general manager.

19 (1) (2) (3) Revocation of appointments The industry stakeholder group may revoke the appointment of a member for just cause.
The revocation of appointment must be made by written notice to the member, stating— (a) the date on which the revocation takes effect, which must be no earlier than the date on which the notice is received; and (b) the reasons for the revocation.
The industry stakeholder group may revoke the appointment of a member with as little formality and technicality, and as much expedition, as is permitted by— (a) (b) (c) the principles of natural justice; and a proper consideration of the matter; and the Council’s policy (if any) on the revocation of the appointment of members.

(4) A member is not entitled to any compensation or other payment or benefit relating to the member ceasing, for any reason, to hold office as a member.
In subclause (1), just cause includes misconduct, inability to perform the func‐ tions of office, neglect of duty, and breach of any of the collective duties of the Council or the individual duties of members (depending on the seriousness of the breach).
(5) 10 2021/99 20 (1) Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 cl 22 Continuation in office Each member continues in office (unless the member ceases to hold office) until a successor is appointed.

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

(3) The resignation takes effect when the Council receives the notice or at any later time specified in the notice.
(4) A member of the Council ceases to hold office if the member— (a) (b) (c) (d) resigns; or has had their appointment as a member revoked under clause 19; or becomes disqualified from being a member; or ceases to hold office in accordance with any enactment.

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

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

(5) A person appointed or elected to fill an extraordinary vacancy holds office only for the remainder of the vacating member’s term.
General (6) The powers of the Council are not affected by any vacancy in its membership.

Responsibilities of members 22 (1) Collective duties The Council must act in a manner consistent with its functions, duties, and powers.

11 cl 23 (2) (3) Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 The Council must perform or exercise its functions, duties, and powers effi‐ ciently and effectively.
The Council must operate in a financially responsible manner and, for that pur‐ pose, ensure that it prudently manages its assets and liabilities.

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

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

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

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

If a member does not comply with their individual duties, the member’s appointment may be revoked.

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

(2) (3) 12 2021/99 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 cl 26 (4) A member is not liable for a breach of an individual duty, except as provided in subclauses (2) and (3).
(5) Nothing in this clause limits or affects the member’s accountability for any‐ thing else for which the member may be liable under any Act or rule of law arising from the act or omission that constitutes the breach.
25 Personal liability A member is not personally liable for any act done or omitted to be done by the Council or any loss to the Council arising out of any act or omission of the member if the act or omission was (as far as the member’s involvement is con‐ cerned)— (a) (b) in good faith; and in performance or intended performance of the functions of the Council.
26 Conflicts of interest (1) A person is interested in a matter if the person— (a) may derive a financial benefit from the matter; or (b) is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or (c) may have a financial interest in a person to whom the matter relates; or (d) is a partner, director, or officer, or a member of a board or council or committee, of a person who may have a financial interest in a person to whom the matter relates; or (e) otherwise directly or indirectly has an interest in the matter.
(2) A member who is interested in a matter relating to the Council must disclose to the Council details of the interest as soon as practicable after the member becomes aware that they are interested.

(3) The details that must be disclosed are— (a) (b) the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or the nature and extent of the interest (if the monetary value cannot be quantified).
(4) A member who is interested in a matter— (a) may not vote or take part in any discussion or decision of the Council or any of its committees relating to the matter, or otherwise participate in any activity of the Council that relates to the matter; and (b) may not sign any document relating to the entry into a transaction or the initiation of the matter.
13 cl 27 (5) Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 In this clause, matter means the Council’s performance of its functions or exercise of its powers or an arrangement or agreement, or a contract made or entered into, or proposed to be made or entered into, by the Council.
Industry engagement and collaboration 27 Industry engagement The Council must— (a) establish enough national industry advisory groups to— (i) (ii) provide a mechanism for the specified industries to provide input into the performance of the Council’s functions; and enable industry to raise issues and concerns about the governance, management, and operation of the Council; and (b) (c) share information with the national industry advisory groups about how the Council has performed its functions; and establish mechanisms for regular reporting to participants in the speci‐ fied industries and the national advisory groups.
28 Collaboration with other workforce development councils The Council must— (a) (b) (c) identify the specified industries where close collaboration with another workforce development council is required to ensure that the industry training needs of those industries are met; and establish appropriate engagement models with those other workforce development councils and specified industries to ensure that the industry training needs of those industries are met; and co-ordinate its activities with other workforce development councils in the performance of its functions.
Miscellaneous 29 (1) Appointment of general manager and other employees The Council— (a) must appoint a person who is not a member of the Council to be its general manager; and (b) may appoint any other employees it thinks necessary for the efficient performance of its functions.
(2) The general manager— (a) is responsible for the efficient and effective management of the Council; and 14 2021/99 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 cl 31 (3) 30 (1) (2) (3) (b) must give effect to the policies and directions of the Council in relation to the performance of its functions.

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

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

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

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

(3) The quorum for a meeting is 75% of the members then holding office, rounded up to the nearest whole number.
(4) All questions arising at any meeting must be decided by a majority of those members present, with the co-chairperson for the meeting having a casting vote.
(5) However,— 15 Schedule 1 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 (a) (b) the casting vote of the co-chairperson may only be exercised on any matter by agreement with the other co-chairperson; and if a matter that is likely to have a significant effect on the operation, management, or coverage of the Council is to be considered at the meet‐ ing, then any question arising in connection with that matter requires a 75% majority of the members present at the meeting.
(6) The Council must determine the criteria for assessing whether a matter is likely to have a significant effect.

(7) A resolution in writing signed by a majority of members is as valid as if it had been passed at a meeting of those members.

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

Schedule 1 Transitional, savings, and related provisions cl 4 Part 1 Provisions relating to this order as made 1 Interpretation In this schedule, commencement date means 11 June 2021.

First Council The members of the first Council must be appointed in accordance with clauses 11 and 14.
For the purpose of making appointments to the first Council, the chief execu‐ tive of the Tertiary Education Commission must,— (a) (b) (c) after seeking expressions of interest from persons in the specified indus‐ tries, establish an appointments committee comprising 5 persons, each of whom represents 1 or more of the specified industries; and appoint 1 other person as an independent chairperson; and invite nominations for appointment as a member of the Council under clause 11(1)(a) to (c); and 2 (1) (2) 16 2021/99 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 Schedule 1 (d) invite expressions of interest for appointment as a member of the Coun‐ cil under clause 11(1)(d).
(3) The appointments committee must— (a) (b) determine the constitution of the Council in accordance with clause 11, including the number of members on the Council (5, 6, or 7) and how the members appointed under clause 11(1)(d) are to be selected; and identify the persons who it considers are best suited for appointment as members of the Council, having regard to the matters set out in clause 14; and (c) appoint the members of the first Council.
(4) When appointing members to the first Council the appointments committee must ensure that during the 2 years following the establishment of the Council, the Council has— (a) (b) sufficient experience in establishing new organisations, enterprises, or businesses; and sufficient experience in leading industry, business transformation, and change management.

(5) Members of the first Council may be appointed for a term of between 1 and 4 years.
3 Validation of pre-commencement actions and processes regarding appointments to Council An appointment of a member to the Council by the appointments committee is valid if the action or process for appointment undertaken before the com‐ mencement date substantially complies with the membership appointment pro‐ visions of this order.
4 Membership of Council reduced until all appointments made The number of members and the quorum required for a meeting under clause 31(3) are proportionately reduced until the date on which each member referred to in clause 11(1) is appointed to the Council.
17 Schedule 2 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 Schedule 2 Specified industries 2021/99 cl 3 The coverage of the Council comprises the workforce development activities in rela‐ tion to employers, vocational education providers, employees, and people seeking to be employed in work related to level 4 industries specified in the Australia and New Zealand Standard Industrial Classification 2006 (ANZSIC), published by Statistics New Zealand, that are set out in following table: ANZSIC code B060000 B070000 B080100 B080200 B080300 B080400 B080500 B080600 B080700 B080900 B091100 B091900 B099000 B101100 B101200 B109000 C111100 C111200 C111300 C113100 C113200 C113300 C114000 C115000 C116100 C116200 C117100 C117200 C117300 C117400 C118100 C118200 C119100 C119200 18 Industry Coal mining Oil and gas extraction Iron ore mining Bauxite mining Copper ore mining Gold ore mining Mineral sand mining Nickel ore mining Silver-lead-zinc ore mining Other metal ore mining Gravel and sand quarrying Other construction material mining Other non-metallic mineral mining and quarrying Petroleum exploration Mineral exploration Other mining support services Meat processing Poultry processing Cured meat and smallgoods manufacturing Milk and cream processing Ice cream manufacturing Cheese and other dairy product manufacturing Fruit and vegetable processing Oil and fat manufacturing Grain mill product manufacturing Cereal, pasta, and baking mix manufacturing Bread manufacturing (factory based) Cake and pastry manufacturing (factory based) Biscuit manufacturing (factory based) Bakery product manufacturing (non-factory based) Sugar manufacturing Confectionery manufacturing Potato, corn, and other crisp manufacturing Prepared animal and bird feed manufacturing 2021/99 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 Schedule 2 ANZSIC code C119900 C121100 C121200 C121300 C121400 C122000 C131100 C131200 C131300 C132000
 C133100 C133200 C133300 C133400 C134000 C135100 C135200 C141100 C141200 C141300 C149100 C149200 C149300 C149400 C149900 C151000 C152100 C152200 C152300 C152400 C152900 C161100 C161200 C162000 C170100 C170900 C181100 C181200 C181300 C182100 C182900 C183100 C183200 C184100 Industry Other food product manufacturing n.e.c.
Soft drink, cordial, and syrup manufacturing Beer manufacturing Spirit manufacturing Wine and other alcoholic beverage manufacturing (excluding wine) Cigarette and tobacco product manufacturing Wool scouring Natural textile manufacturing Synthetic fibre textile manufacturing Leather tanning, fur dressing, and leather product manufacturing Textile floor covering manufacturing Rope, cordage, and twine manufacturing Cut and sewn textile product manufacturing Textile finishing and other textile product manufacturing Knitted product manufacturing Clothing manufacturing Footwear manufacturing Log sawmilling Wood chipping Timber resawing and dressing Prefabricated wooden building manufacturing Wooden structural fitting and component manufacturing (excluding prefabricated timber wall frames and roof trusses) Veneer and plywood manufacturing Reconstituted wood product manufacturing Other wood product manufacturing n.e.c.
Pulp, paper, and paperboard manufacturing Corrugated paperboard and paperboard container manufacturing Paper bag manufacturing Paper stationery manufacturing Sanitary paper product manufacturing Other converted paper product manufacturing Printing Printing support services Reproduction of recorded media Petroleum refining and petroleum fuel manufacturing Other petroleum and coal product manufacturing Industrial gas manufacturing Basic organic chemical manufacturing Basic inorganic chemical manufacturing Synthetic resin and synthetic rubber manufacturing Other basic polymer manufacturing Fertiliser manufacturing Pesticide manufacturing Human pharmaceutical and medicinal product manufacturing 19 Schedule 2 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 ANZSIC code C184200 C185100 C185200 C189100 C189200 C189900 C191100 C191200 C191300 C191400 C191500 C191600 C191900 C192000 C201000 C202100 C202900 C203100 C203200 C209000 C211000 C212100 C212200 C213100 C213200 C213300 C213900 C214100 C214200 C214900 C221000 C222100 C222200 C222300 C222400 C222900 C223100 C223900 C224000 C229100 C229200 C229300 C229900 C231100 20 Industry Veterinary pharmaceutical and medicinal product manufacturing Cleaning compound manufacturing Cosmetic and toiletry preparation manufacturing Photographic chemical product manufacturing Explosive manufacturing Other basic chemical product manufacturing n.e.c.
Polymer film and sheet packaging material manufacturing Rigid and semi-rigid polymer product manufacturing Polymer foam product manufacturing Tyre manufacturing Adhesive manufacturing Paint and coatings manufacturing Other polymer product manufacturing Natural rubber product manufacturing Glass and glass product manufacturing Clay brick manufacturing Other ceramic product manufacturing Cement and lime manufacturing Plaster product manufacturing Other non-metallic mineral product manufacturing Iron smelting and steel manufacturing Iron and steel casting Steel pipe and tube manufacturing Alumina production Aluminium smelting Copper, silver, lead, and zinc smelting and refining Other basic non-ferrous metal manufacturing Non-ferrous metal casting Aluminium rolling, drawing, and extruding Other basic non-ferrous metal product manufacturing Iron and steel forging Structural steel fabricating Prefabricated metal building manufacturing Architectural aluminium product manufacturing Metal roof and guttering manufacturing (except aluminium) Other structural metal product manufacturing Boiler, tank, and other heavy gauge metal container manufacturing Other metal container manufacturing Sheet metal product manufacturing (except metal structural and container products) Spring and wire product manufacturing Nut, bolt, screw, and rivet manufacturing Metal coating and finishing Other fabricated metal product manufacturing n.e.c.
Motor vehicle manufacturing 2021/99 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 Schedule 2 ANZSIC code C231200 C231300 C231900 C239100 C239200 C239300 C239900 C241100 C241200 C241900 C242100 C242200 C242900 C243100 C243200 C243900 C244100 C244900 C245100 C245200 C246100 C246200 C246300 C246900 C249100 C249900 C251100 C251200 C251300 C251900 C259100 C259200 C259900 D291100 D291900 D292100 D292200 E323300 E323400 F332100 F332200 F332300 F333100 Industry Motor vehicle body and trailer manufacturing Automotive electrical component manufacturing Other motor vehicle parts manufacturing Shipbuilding and repair services Boatbuilding and repair services Railway rolling stock manufacturing and repair services Other transport equipment manufacturing n.e.c.
Photographic, optical, and ophthalmic equipment manufacturing Medical and surgical equipment manufacturing Other professional and scientific equipment manufacturing Computer and electronic office equipment manufacturing Communication equipment manufacturing Other electronic equipment manufacturing Electric cable and wire manufacturing Electric lighting equipment manufacturing Other electrical equipment manufacturing Whiteware appliance manufacturing Other domestic appliance manufacturing Pumps and compressor manufacturing Fixed space heating, cooling, and ventilation equipment manufacturing Agricultural machinery and equipment manufacturing Mining and construction machinery manufacturing Machine tool and parts manufacturing Other specialised machinery and equipment manufacturing Lifting and material handling equipment manufacturing Other machinery and equipment manufacturing n.e.c.
Wooden furniture and upholstered seat manufacturing Metal furniture manufacturing Mattress manufacturing Other furniture manufacturing Jewellery and silverware manufacturing (manufacturing of jewellery against defined specifications only) Toy, sporting, and recreational product manufacturing Other manufacturing n.e.c.
Solid waste collection services Other waste collection services Waste treatment and disposal services Waste remediation and materials recovery services Air conditioning and heating services Fire and security alarm installation services (excluding circuit video surveillance system installation) Petroleum product wholesaling Metal and mineral wholesaling Industrial and agricultural chemical product wholesaling Timber wholesaling 21 Schedule 2 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 ANZSIC code F333900 F341100 F341900 F349100 F349200 F349300 F349400 F349900 F350100 F350200 F350300 F350400 F350500 F360200 F360300 G391100 G391200 G391300 G392100 G392200 G412100 G424500 I461000 I462100 I462200 I462300 I471000 I472000 I481000 I482000 I490000 I501000 I502100 I502900 I510100 I510200 I521100 I521200 I521900 I529100 I529200 I529900 I530100 I530900 22 Industry Other hardware goods wholesaling Agricultural and construction machinery wholesaling Other specialised industrial machinery and equipment wholesaling Professional and scientific goods wholesaling Computer and computer peripheral wholesaling Telecommunication goods wholesaling Other electrical and electronic goods wholesaling Other machinery and equipment wholesaling n.e.c.
Car wholesaling Commercial vehicle wholesaling Trailer and other motor vehicle wholesaling Motor vehicle new parts wholesaling Motor vehicle dismantling and used parts wholesaling Meat, poultry, and smallgoods wholesaling Dairy produce wholesaling Car retailing Motor cycle retailing Trailer and other motor vehicle retailing Motor vehicle parts retailing Tyre retailing Fresh meat, fish, and poultry retailing Marine equipment retailing Road freight transport Interurban and rural bus transport Urban bus transport (including tramway) Taxi and other road transport Rail freight transport Rail passenger transport Water freight transport Water passenger transport Air and space transport Scenic and sightseeing transport Pipeline transport Other transport n.e.c.
Postal services Courier pick-up and delivery services Stevedoring services Port and water transport terminal operations Other water transport support services Customs agency services Freight forwarding services Other transport support services n.e.c.
Grain storage services Other warehousing and storage services 2021/99 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 Explanatory note ANZSIC code J591000 J592100 J592200 M692300 M692400 M692500 S941100 S941200 S941900 S942200 S942900 S949100 S949900 S953100 S953200 Industry Internet service providers and web search portals Data processing and web hosting services Electronic information storage services Engineering design and engineering consulting services (boat designing service, chemical engineering consulting service, drafting service, engineering, electronic engineering consulting service, engineering consulting service n.e.c., hydraulic engineering consulting service, industrial design service, marine engineering consulting service, materials handling engineering consulting service, mechanical engineering consulting service, mining engineering consulting service, naval architecture service, process engineering consulting service only) Other specialised design services Scientific testing and analysis services Automotive electrical services Automotive body, paint, and interior repair Other automotive repair and maintenance Electronic (except domestic appliance) and precision equipment repair and maintenance (locksmithing only) Other machinery and equipment repair and maintenance Clothing and footwear repair Other repair and maintenance n.e.c.
Laundry and dry-cleaning services Photographic film processing Michael Webster, Clerk of the Executive Council.

Explanatory note This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 11 June 2021, establishes the Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council under the Education and Training Act 2020 and sets out provisions relating to the operation of the Council, including— • • • the specified industries covered by the Council: the membership of the Council and the responsibilities of members: the Council’s engagement with the specified industries and its duty to collabo‐ rate with other workforce development councils.
23 Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021 2021/99 Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 13 May 2021.

This order is administered by the Ministry of Education.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2021 24