Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752654292.pdf (New Zealand)
Research, Science, and Technology Act 2010 Public Act Date of assent Commencement 2010 No 131 20 December 2010 see section 2 Contents Title Commencement Purpose Interpretation Meaning of specified RS&T funding Act binds the Crown Allocation of funding Purposes for which specified RS&T funding may be allocated Minister to set, and boards to adhere to, criteria Chief executive to refer proposals to boards Establishment, functions, and duties of boards Board may delegate functions Abolition of Foundation and transfer of assets, liabilities, and employees from Foundation, and employees from former department, to Ministry Abolition of Foundation Foundation for Research, Science, and Technology Act 1990 repealed Vesting of assets and liabilities of Foundation Transfer of employees of Foundation to Ministry Transfer of employees of former department to Ministry Page 2 2 2 2 3 4 4 5 5 5 7 8 8 8 10 10 1 s 1 17 18 Research, Science, and Technology Act 2010 2010 No 131 Transferred employees Consequential amendments Schedule 1 Provisions relating to boards, chairpersons, and members Schedule 2 Consequential amendments 10 11 12 21 The Parliament of New Zealand enacts as follows: Title This Act is the Research, Science, and Technology Act 2010.
Commencement This Act comes into force on 1 February 2011.
Purpose The purpose of this Act is— (a) to establish boards to make independent funding deci- sions in respect of the allocation of specified expenses appropriated for the purposes of research, science, or technology, or related activities: to repeal the Foundation for Research, Science, and Technology Act 1990: to provide for the transfer of employees, assets, and li- abilities from the Foundation for Research, Science, and Technology to a new department of State: to provide for the transfer of employees from the former department to a new department of State: to provide for savings in relation to contracts with the Foundation for Research, Science, and Technology, consequential amendments, and other savings and transitional matters.
(b) (c) (d) (e) Interpretation In this Act, unless the context otherwise requires,— 1 2 3 4 2 2010 No 131 Research, Science, and Technology Act 2010 s 5 board means a board established under section 10(1) chief executive means the chief executive of the Ministry employee has the same meaning as in section 2 of the State Sector Act 1988 former department means the Ministry of Research, Science, and Technology Foundation means the Foundation for Research, Science, and Technology established by section 4 of the Foundation for Re- search, Science, and Technology Act 1990 member,— (a) in relation to a board, means a member of that board; and for the purposes of section 12, means a member of the Foundation (b) Minister means the Minister of the Crown who, under the au- thority of any warrant or with the authority of the Prime Min- ister, is for the time being responsible for the administration of this Act Ministry means the department that is, with the authority of the Prime Minister, for the time being responsible for the ad- ministration of this Act outputs has the same meaning as it has in section 2(1) of the Public Finance Act 1989, and also includes knowledge and information RS&T funding means the expenses authorised by non-depart- mental appropriations for research, science, or technology, or related activities specified RS&T funding has the meaning set out in section 5 State services has the same meaning as it has in section 2 of the State Sector Act 1988.
5 (1) Meaning of specified RS&T funding In this Act, specified RS&T funding— (a) means RS&T funding in a vote administered by the Ministry in respect of which a decision on rationing a limited amount of that funding is required to be made, in accordance with criteria published under section 8(1),— 3 s 6 Research, Science, and Technology Act 2010 2010 No 131 (i) (ii) between eligible proposals, as to which should receive an allocation; and in response to an individual proposal, as to the amount (if any) to be allocated; but (b) does not include RS&T funding in a vote administered by the Ministry that is subject to a separate decision- making process.
For the purpose of subsection (1)(b), the Minister must, by notice published in the Gazette, identify any RS&T funding in a vote administered by the Ministry that is subject to a separate decision-making process.

Act binds the Crown This Act binds the Crown.

Allocation of funding Purposes for which specified RS&T funding may be allocated Specified RS&T funding may be allocated for research, sci- ence, or technology, or related activities, for the benefit of New Zealand.
The activities referred to in subsection (1) include (but are not limited to) any activity that— (a) is likely to increase knowledge or understanding of the physical, biological, or social environment; or is likely to contribute to New Zealand’s economic growth; or is likely to develop, maintain, or increase skills or scien- tific or technological expertise that is of particular im- portance to New Zealand; or is unlikely to be funded, or adequately funded, from non-governmental sources; or facilitates research, science, or technology, or related activities; or promotes or facilitates the application of research, sci- ence, or technology, or related activities.
(b) (c) (d) (e) (f) (2) 6 7 (1) (2) 4 2010 No 131 Research, Science, and Technology Act 2010 s 10 8 (1) Minister to set, and boards to adhere to, criteria The Minister must from time to time, by notice given to each board and published in the Gazette, set criteria for the assess- ment of proposals for specified RS&T funding.

(2) A board must carry out its functions under section 10(4)(a) in accordance with the criteria set under subsection (1).
(3) Nothing in subsection (1) authorises the Minister to— (a) (b) give a direction in respect of the production, by a par- ticular person, of outputs relating to research, science, or technology, or related activities; or direct a board to allocate funds to or for the benefit of a particular person.
Chief executive to refer proposals to boards 9 (1) On any occasion when decisions on the allocation of specified RS&T funding are to be made, the chief executive must re- fer the proposals concerned to the appropriate board to make funding decisions in accordance with section 10(4)(a) and (5).

(2) A board may request that the chief executive provide the board with all information, or any specified information, that relates to the proposal.
If the Ministry holds the information requested, the chief ex- ecutive must provide that information to the board.

In this section, information includes, but is not limited to,— independent advice received by the Ministry; and (a) confirmation as to whether or not the proposal has been (b) independently considered.
(4) (3) 10 (1) Establishment, functions, and duties of boards The Minister must— (a) establish, by notice published in the Gazette, 1 or more boards; and appoint members of those boards; and appoint a member of each board as the chairperson of that board.
(b) (c) (2) Before establishing a board, the Minister must consult with any other Minister of the Crown whose area of responsibility, 5 s 10 Research, Science, and Technology Act 2010 2010 No 131 in the Minister’s opinion, includes an interest in the allocation of specified RS&T funding.
The Minister may specify that a board is to make funding de- cisions on proposals for specified RS&T funding in relation to 1 or more areas of research, science, or technology, or related activities, specified in— (a) the notice establishing the board under subsection (1)(a); or a notice given to the board for the purpose and published in the Gazette.
(b) The functions of a board established under subsection (1)(a) are,— (a) in relation to the areas of research, science, or technol- ogy, or related activities (if any) specified under sub- section (3), to make funding decisions on proposals for specified RS&T funding referred to it by the chief ex- ecutive; and (b) with the prior approval of the Minister, to make deci- sions on proposals for allocation of RS&T funding that are referred to it— (i) by any other Minister of the Crown (a referring Minister); or by the administrative head (however called) of any of the State services (a referring chief ex- ecutive).
(ii) In performing its functions, a board must act,— (a) the purposes in section 7; and section 8(2); and in relation to its functions under subsection (4)(a), in accordance with— (i) (ii) in relation to its functions under subsection (4)(b), in accordance with criteria specified by the referring Min- ister or, as the case requires, the referring chief execu- tive; and on information presented to the board by the chief ex- ecutive or, as the case requires, by the referring Minister or referring chief executive; and in an independent, fair, and transparent manner.
(b) (c) (d) (3) (4) (5) 6 2010 No 131 Research, Science, and Technology Act 2010 s 11 (6) (7) (8) For the purpose of giving effect to the decision, a board must record any funding decision it makes in the performance of its functions in writing and provide that decision to the chief executive or, as the case requires, the referring Minister or referring chief executive.

The Ministry must supply all secretarial and administrative services required to enable a board to carry out its functions.
Schedule 1 applies to boards and to the members and chairper- sons of those boards.

Board may delegate functions 11 (1) With the approval of, and within any limits set by, the Minister, a board may, either generally or particularly and by resolution, delegate its functions under section 10(4) to— (a) (b) the chief executive; or any other person (not being an employee in the State services) approved by the Minister.
(2) If functions are delegated to the chief executive under subsec- tion (1),— (a) the chief executive is not responsible to the Minister for the performance or exercise of those functions but must act independently; and the chief executive may delegate those functions to em- ployees or holders of specified offices in the Ministry under section 41 of the State Sector Act 1988.
(b) (3) A person to whom functions are delegated under subsection (1) or (2)(b) must perform them in accordance with section 10(5) and (6) and those provisions apply with all necessary modifications as if references to a board were references to that person.

(4) No delegation under subsection (1) or (2)(b) affects the respon- sibility of the board for the actions of any person acting under the delegation.
(5) A board must not make a delegation under this section unless satisfied that,— (a) given the nature of the decision to be made by the dele- gate and the level of funding involved, the delegation will result in a more efficient and effective decision- 7 s 12 Research, Science, and Technology Act 2010 2010 No 131 (b) making process than if the board had made the decision; and if necessary, conditions are imposed upon the delega- tion that will enable the board to verify that the delegate has complied with the requirements of section 10.
Abolition of Foundation and transfer of assets, liabilities, and employees from Foundation, and employees from former department, to Ministry Abolition of Foundation 12 (1) On the commencement of this Act, the Foundation is abol- (2) 13 ished.

Every member of the Foundation vacates office on the com- mencement of this Act and is not entitled to any compensation or other benefit in respect of loss of office.
Foundation for Research, Science, and Technology Act 1990 repealed The Foundation for Research, Science, and Technology Act 1990 (1990 No 72) is repealed.
Vesting of assets and liabilities of Foundation 14 (1) On the commencement of this Act,— (a) (b) (c) (d) (e) all property belonging to the Foundation vests in the Crown as assets of the Ministry; and all information held by the Foundation is held by the Ministry; and all money payable to or by the Foundation becomes payable to or by the Ministry; and all rights, liabilities, contracts, entitlements, and en- gagements of the Foundation become the rights, liabil- ities, contracts, entitlements, and engagements of the Crown acting through the Ministry; and anything done, or omitted to be done, or that is to be done by, or in relation to, the Foundation must be treated as having been done, or having been omitted to be done, or to be done by, or in relation to, the Ministry; and 8 2010 No 131 Research, Science, and Technology Act 2010 s 14 (f) (g) proceedings commenced, continued, or enforced by or against the Foundation must instead be commenced, continued, or enforced by or against the Crown in re- spect of the Ministry without amendment to the pro- ceedings; and a matter or thing that would have, but for this section, been completed by the Foundation, must be completed by the Ministry.
(2) (3) To avoid doubt, the abolition of the Foundation does not, of itself, affect any of the following matters: (a) any decision made, or anything done or omitted to be done, by the Foundation in relation to the performance of the Foundation’s functions and duties or the exercise of its powers under any enactment: any proceedings commenced by or against the Founda- tion: any other matter or thing arising out of the Foundation’s performance, or purported performance, of the Founda- tion’s functions and duties, or the exercise, or purported exercise, of its powers under any enactment.
(b) (c) The abolition of the Foundation and the transfer of its property, rights, and obligations to the Crown or the Ministry— (a) is not to be treated as placing a person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and is not to be treated as entitling a person to— (i) (b) terminate, cancel, or modify a contract, agree- ment, or arrangement; or enforce or accelerate the performance of an obli- gation; or require the performance of an obligation not otherwise arising for performance; and (ii) (iii) (c) (d) does not release any surety wholly or in part from all or any obligation; and does not invalidate or discharge any contract or security.
9 s 15 Research, Science, and Technology Act 2010 2010 No 131 15 (1) Transfer of employees of Foundation to Ministry Every person who was, immediately before the commence- ment of this Act, an employee in the Foundation becomes, on the commencement of this Act, an employee in the Ministry on the same terms and conditions of employment as applied to that employee immediately before that commencement.
(2) An employee referred to in subsection (1) is not entitled to receive any payment or other benefit on the ground that his or her position in the Foundation has ceased to exist.
16 (1) Transfer of employees of former department to Ministry Every person who was, immediately before the commence- ment of this Act, an employee in the former department be- comes, on the commencement of this Act, an employee in the Ministry on the same terms and conditions of employment as applied to that employee immediately before that commence- ment.
(3) (2) An employee referred to in subsection (1) is not entitled to receive any payment or other benefit on the ground that his or her position in the former department has ceased to exist.
To avoid doubt, any collective agreement that was in force immediately before the commencement of this Act continues in force, and the following persons are bound by, and entitled to enforce, that agreement: (a) any employee referred to in subsection (1) who was, im- mediately before the commencement of this Act, bound by, and entitled to enforce, that agreement; and the chief executive.
(b) Transferred employees The terms and conditions of employment of a transferred employee immediately before the commencement of this Act continue to apply in relation to that employee until— (a) those terms and conditions are varied by agreement be- tween the transferred employee and the Ministry; or the transferred employee accepts a subsequent appoint- ment with the Ministry.
(b) 17 (1) 10 2010 No 131 Research, Science, and Technology Act 2010 s 18 (2) (3) (4) 18 For the purposes of every enactment, law, determination, con- tract, and agreement relating to the employment of a trans- ferred employee,— (a) the employment agreement of that employee is to be treated as unbroken; and the employee’s period of service with the former depart- ment or the Foundation, and every other period of ser- vice of that employee that is recognised by the former department or the Foundation as continuous service, is to be treated as a period of service with the Ministry.
(b) To avoid doubt, the employment of a transferred employee by the Ministry does not— (a) constitute new employment for the purposes of the KiwiSaver Act 2006; or treat that employee as a new employee for the purposes of the Employment Relations Act 2000.

(b) In this section, transferred employee means a person who becomes an employee of the Ministry under section 15 or 16.

Consequential amendments The enactments specified in Schedule 2 are amended in the manner indicated in that schedule.
11 Schedule 1 Research, Science, and Technology Act 2010 2010 No 131 Schedule 1 Provisions relating to boards, chairpersons, and members s 10(8) 1 (1) Method of appointment The Minister appoints or reappoints a member of a board, and a chairperson of that board, by giving written notice to the member concerned.
(2) A notice under subclause (1) must— (a) (b) state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and in the case of the appointment of a member, state the term of the appointment.

Membership of boards and criteria for appointment 2 (1) A board may have any number of members that the Minister (2) 3 4 (1) (2) in his or her discretion decides.
The Minister may only appoint as a member a person who, in the Minister’s opinion, has the appropriate knowledge, skills, and experience to assist the board to perform its functions.

Validity of members’ acts The acts of a person as a member or chairperson of a board are valid even though— (a) (b) a defect existed in the appointment of the person; or the occasion for the person acting, or for his or her ap- pointment, had not arisen or had ended.
Validity of appointments The appointment of a person as a member or chairperson of a board is not invalid only because a defect existed in the ap- pointment of the person.

This section does not apply to a defect in the qualifications for appointment of a member.

Term of office 5 (1) A member of a board holds office for 3 years or any shorter period stated in the notice of appointment.

12 2010 No 131 Research, Science, and Technology Act 2010 Schedule 1 (2) A member may be reappointed.
(3) A member continues in office despite the expiry of his or her term of office until— (a) (b) (c) the member is reappointed; or the member’s successor is appointed; or the Minister informs the member by written notice (with a copy to the board) that the member is not to be reap- pointed and no successor is to be appointed at that time.
6 (1) (2) (3) (4) Removal of members The Minister may at any time, in accordance with clause 17(2) or 24(2) or entirely at his or her discretion, remove a member of a board from office.

The removal must be made by written notice to the member (with a copy to the board).

The notice must state the date on which the removal takes ef- fect, which must not be earlier than the date on which the no- tice is received.
To avoid doubt, the Minister may not remove a member unless the Minister has properly considered the matter and complied with the principles of natural justice.

Resignation of member 7 (1) A member of a board may resign from office by written notice to the Minister (with a copy to the board) signed by the mem- ber.

The resignation is effective on receipt by the Minister of the notice or at any later time specified in the notice.
(2) Chairpersons of boards 8 Term of appointment of chairperson The chairperson of a board holds that office until— (a) (b) (c) (d) he or she resigns that office; or he or she is removed from it by the Minister; or he or she ceases to hold office as a member; or the term of office that may have been specified on ap- pointment expires, unless the member is reappointed for a further term.
13 Schedule 1 Research, Science, and Technology Act 2010 2010 No 131 9 (1) (2) 10 (1) (2) 11 Resignation of chairperson The chairperson of a board may, without resigning as a mem- ber, resign that office by written notice to the Minister (with a copy to the board).

The notice of resignation must state the date on which the res- ignation takes effect.
Removal of chairperson The Minister may, after consultation with the person con- cerned, remove a chairperson of a board from that office with or without also removing that person as a member by written notice to the person (with a copy to the board).

The notice of removal must state the date on which the removal takes effect.
No compensation for loss of office No compensation for loss of office A member or chairperson of a board is not entitled to any com- pensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member or chair- person, as the case may be.

Procedure of boards 12 Procedure of board A board may regulate its own procedure.
(2) 13 Meetings (1) A board or its chairperson must appoint the times and places of meetings of the board, and give notice of those meetings to each member not present when the appointment is made.

The chairperson must preside at a meeting if the chairperson is present and not interested (as defined in clause 23(5)) in the matter.

If the chairperson is not present, or is interested in the matter, the board must appoint one of its members to preside.
(4) No business may be transacted at a meeting of the board if a (3) quorum is not present.

14 2010 No 131 Research, Science, and Technology Act 2010 Schedule 1 (5) (6) (b) For the purposes of subclause (4) and clause 14, quorum means— (a) half the number of members (if the board has an even number of members); or a majority of the members (if the board has an odd num- ber of members); or (c) both members (if the board has only 2 members).
Each member has 1 vote and, in addition to his or her general vote, the chairperson has a casting vote in the case of an equal- ity of votes.

(7) A resolution of the board is passed if it is agreed to by all members present without dissent or if a majority of the votes cast on it are in favour of it.
14 Methods of holding meetings (b) A meeting of a board may be held— (a) by a quorum of the members, being assembled together at the time and place appointed for the meeting; or by means of audio, audio and visual, or electronic com- munication provided that— (i) all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and a quorum of members can simultaneously com- municate with each other throughout the meet- ing.
(ii) Unanimous written resolutions 15 (1) A resolution signed or assented to in writing (whether sent by post, delivery, or electronic communication) by all members is as valid and effectual as if it had been passed at a meeting of the board duly called and constituted.

The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more members.
(2) 15 Schedule 1 Research, Science, and Technology Act 2010 2010 No 131 Subcommittees 16 (1) A board may, by resolution, appoint subcommittees compris- ing 1 or more of its members— (a) to advise it on any matters relating to the board’s func- tions that are referred to the subcommittee by the board; or to perform any of the board’s functions that are dele- gated to the subcommittee.
(b) (2) A subcommittee is subject in all things to the control of the board that appointed it, and must carry out all general or spe- cial directions given to it by the board in relation to it or its affairs.

(3) A board may, by resolution, discharge or reconstitute any sub- committee appointed by it.

(4) A subcommittee to whom a board delegates its functions under subclause (1)(b) may perform those functions in the like man- ner and to the same effect as if the board had performed them.
Collective duties of board and members 17 (1) (2) Collective duties of board and members The duties of a board and the members of the board under section 10 are owed to the Minister.

If the members of a board do not comply with any of their collective duties, all or any of the members may be removed from office.
(3) However, subclause (2) does not apply to a member if— (a) (b) he or she did not know and could not reasonably be expected to have known that the duty was to be or was being breached; or he or she took all reasonable steps in the circumstances to prevent the duty being breached.

(4) A member is not liable for a breach of a duty under section 10, except for being removed from office as provided for in subclause (2).

This clause does not affect any other ground for removing a member from office.
(5) 16 2010 No 131 Research, Science, and Technology Act 2010 Schedule 1 18 19 20 21 Individual duties of members Duty to comply with this Act A member must not contravene, or cause the contravention of, or agree to the board contravening, section 10 or this schedule.

Duty to act with honesty and integrity A member must, when acting as a member, act with honesty and integrity.

Duty to act in good faith A member must, when acting as a member, act in good faith.
Duty to act with reasonable care, diligence, and skill 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 limita- tion)— (a) (b) (c) the nature of the board; and the nature of the action; and the position of the member and the nature of the respon- sibilities undertaken by him or her.
Duty not to disclose information 22 (1) A member who has information in his or her capacity as a member that would not otherwise be available to him or her must not disclose that information to any person, or make use of, or act on, that information, except— (a) (b) (c) (d) in the performance of the board’s functions; or as required or permitted by law; or in accordance with subclause (2); or in complying with the requirement for members to dis- close interests.
(2) A member may disclose, make use of, or act on the information if— (a) (b) the member is first authorised to do so by the board or by the Minister; and the disclosure, use, or act in question will not, or will be unlikely to, prejudice the board.
17 Schedule 1 Research, Science, and Technology Act 2010 2010 No 131 Duty to disclose conflict of interest 23 (1) A member who is interested in a matter relating to the board must disclose details of the nature and extent of the interest (including any monetary value of the interest)— to the chairperson of the board; and (a) in an interests register kept by the board.

(b) (2) Disclosure under subclause (1) must be made as soon as prac- ticable after the member becomes aware that he or she is inter- ested.
(4) (3) A member who is interested in a matter relating to the board, must not vote or take part in any discussion or decision of the board relating to the matter.

In this clause, matter means the board’s performance of its functions under section 10.
For the purposes of this clause, a person is interested in a matter if he or she— (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 (5) (c) may have a financial interest in a person to whom the (d) (e) matter relates; or is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or is otherwise directly or indirectly interested in the mat- ter.
(6) However, a person is not interested in a matter— (a) (b) because he or she receives insurance cover, remuner- ation, or other benefits authorised under this Act; or if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under this Act.

Accountability for individual duties The duties of the members of a board under clauses 18 to 23 (individual duties) are duties owed to the Minister.
24 (1) 18 2010 No 131 Research, Science, and Technology Act 2010 Schedule 1 (2) (3) (4) (5) If a member does not comply with his or her individual duties, that member may be removed from office.

Except as provided in subclause (2), a member is not liable for a breach of an individual duty under this Act.

This section does not affect any other ground for removing a member from office.
Subclause (3) does not affect anything else for which the mem- ber may be liable under any other Act or rule of law arising from the act or omission that constitutes the breach.

Immunities and insurance Immunity from civil liability 25 (1) A member is not liable, in respect of an excluded act or omis- sion,— (a) (b) to the Minister, unless it is also a breach of an individual duty under any of clauses 18 to 23: to any other person.
(2) Nothing in this section affects— (a) (b) the liability of any person that is not a civil liability: the right of any person to apply, in accordance with the law, for judicial review.

26 Insurance for liability of member, office holder, or employee The chief executive may effect insurance cover for a member in relation to his or her acts or omissions, except an act done or omission made that is— in bad faith: (a) not in the performance or intended performance of the (b) board’s functions.
Breach of insurance limits 27 (1) A member who is insured by the chief executive in breach of this Act must repay to the chief executive the cost of providing or effecting that insurance cover, to the extent that the insur- ance cover exceeds that which could have been provided or effected under this Act.

19 Schedule 1 Research, Science, and Technology Act 2010 2010 No 131 The chief executive may recover the amount as a debt due in a court of competent jurisdiction.
Definitions for protections from liability In clauses 25 to 27,— effect insurance includes pay, whether directly or indirectly, the costs of the insurance excluded act or omission means an act or omission by the member in good faith and in performance or intended perform- ance of the board’s functions member includes a person who was a member at any time after the commencement of this Act but who is no longer a member.
Fees and allowances Fees and allowances The members of a board are entitled to be paid, in accordance with the fees framework,— (a) (b) fees as determined by the Minister; and reimbursing allowances or actual and reasonable ex- penses incurred in undertaking the functions and duties of the board.

In subclause (1), fees framework means the framework deter- mined by the Government from time to time for the classifica- tion and remuneration of statutory and other bodies in which the Crown has an interest.
(2) 28 29 (1) (2) 20 2010 No 131 Research, Science, and Technology Act 2010 Schedule 2 Schedule 2 Consequential amendments s 18 Atomic Energy Act 1945 (1945 No 41) Definition of Minister of Research, Science, and Technology in section 2: omit “the Foundation for Research, Science, and Technol- ogy Act 1990” and substitute “the Research, Science, and Technol- ogy Act 2010”.
Building Research Levy Act 1969 (1969 No 23) Definition of Chief Executive in section 2: omit “Ministry of Re- search, Science, and Technology” and substitute “Ministry (within the meaning of the Research, Science, and Technology Act 2010)”.

Crown Entities Act 2004 (2004 No 115) Item relating to the Foundation for Research, Science, and Technol- ogy in Part 1 of Schedule 1: omit.

Item relating to the Foundation for Research, Science, and Technol- ogy Act 1990 in Schedule 6: omit.
Crown Research Institutes Act 1992 (1992 No 47) Section 20(4): repeal.

Education Act 1989 (1989 No 80) Section 202(c): repeal.

Finance Act (No 2) 1994 (1994 No 134) Section 2: repeal.

Heavy Engineering Research Levy Act 1978 (1978 No 81) Definition of chief executive in section 2: omit “Ministry of Re- search, Science, and Technology” and substitute “Ministry (within the meaning of the Research, Science, and Technology Act 2010)”.
Income Tax Act 2007 (2007 No 97) Section CV 6: repeal and substitute: 21 Schedule 2 Research, Science, and Technology Act 2010 2010 No 131 Income Tax Act 2007 (2007 No 97)—continued “CV 6 Crown Research Institutes “Income “(1) An amount that a Crown Research Institute derives is income of the institute if the amount is provided to the institute for the purposes of— “(a) any 1 or more of the activities listed in section 7 of the Research, Science, and Technology Act 2010; or “(b) producing outputs relating to public good science and technology.
“(2) “Meaning In this section, public good science and technology means science or technology— “(a) that is likely to increase knowledge or understanding of the physical, biological, or social environment; or that is likely to develop, maintain, or increase skills or scientific or technological expertise that is of particular importance to New Zealand; or that may be of benefit to New Zealand, but is unlikely to be funded, or adequately funded, from non-govern- mental sources.
“(b) “(c) “Defined in this Act: amount, Crown Research Institute, income.

“Compare: 2004 No 35 s CV 2”.

Land Transport Act 1998 (1998 No 110) Definition of Science Minister in section 2(1): omit “the Foundation for Research, Science, and Technology Act 1990” and substitute “the Research, Science, and Technology Act 2010”.

Ombudsmen Act 1975 (1975 No 9) Item relating to the Ministry of Research, Science, and Technology in Part 1 of Schedule 1: omit.
Item relating to the Foundation for Research, Science, and Technol- ogy in Part 2 of Schedule 1: omit.

22 2010 No 131 Research, Science, and Technology Act 2010 Public Bodies Contracts Act 1959 (1959 No 98) Item relating to the Foundation for Research, Science, and Technol- ogy in Part 2 of Schedule 1: omit.

State Sector Act 1988 (1988 No 20) Item relating to the Ministry of Research, Science, and Technology in Schedule 1: omit.
Legislative history 9 December 2010 20 December 2010 Divided from State Sector Management Bill (Bill 193–2) by committee of the whole House, third reading Royal assent This Act is administered by the Ministry of Science and Innovation.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 23