Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831378703.pdf (New Zealand)
Integrity Sport and Recreation Act 2023 Public Act 2023 No 48 Date of assent 23 August 2023 Commencement see section 2 Contents Title Commencement Part 1 Preliminary provisions Purpose Interpretation Meaning of threat to integrity Transitional, savings, and related provisions Act binds the Crown Part 2 Integrity Sport and Recreation Commission Integrity Sport and Recreation Commission established Commission must act independently Board of Commission Eligibility for appointment as member of board Objective of Commission Functions of Commission Requirements for Commission’s procedures Duties of Commission when carrying out its functions Commission to have effective means of seeking views Application of functions and powers outside New Zealand and to matters occurring outside New Zealand Commission may perform functions in co-operation with others Page 4 4 5 5 7 7 7 8 8 8 8 9 9 10 11 11 11 12 1 Integrity Sport and Recreation Act 2023 2023 No 48 Part 3 Integrity codes and anti-doping rules Integrity codes Commission may make integrity codes Consultation on integrity code Who is bound by integrity code Commission must review integrity codes Anti-doping rules Anti-doping rules Consultation on anti-doping rules Application of anti-doping rules amended or replaced Commission must review anti-doping rules from time to time Part 4 Powers, investigations, and disciplinary panels 26 27 Overview of this Part Subpart 1—Powers of Commission to comply with and implement anti-doping rules Powers of Commission to comply with and implement World Anti- Doping Code and anti-doping rules Subpart 2—Powers of Commission to comply with and implement integrity codes Powers of Commission to comply with and implement integrity codes Subpart 3—Integrity investigations Application of this subpart Investigation into breach of integrity code Investigation of threat to integrity Initiation of investigation Powers relating to investigation under section 31 or 32 Power to require
 information or documents Court may make orders for failure to comply with requirement under section 34 Referrals of matters to body or person Commission may report on investigation Confidentiality and disclosure of information relating to investigations No retaliation against participant who makes complaint or provides information to Commission No victimisation in relation to making complaint or providing information to Commission No 48 Integrity Sport and Recreation Act 2023 Subpart 4—Disciplinary panels Commission may establish disciplinary panel Powers and procedure of disciplinary panel Appeal against decision of disciplinary panel Part 5 General and miscellaneous provisions Sharing of evidence and information by Customs, Police, and others Immunities and privileges in relation to giving information or documents to Commission Immunities from proceedings for persons providing information or documents Privilege for Commission reports Incorporation by reference Incorporation by reference in anti-doping rules Incorporation by reference in integrity codes Fees and charges Powers of Commission to charge fees or impose charges Testing other than under testing programme established under anti- doping rules Reporting on use of power to require information or documents Commission must report on use of power to require information or documents Miscellaneous provisions Commission must not delegate power to make, amend, or revoke integrity code Government Superannuation Fund Review of Act Review of Act Part 6 Amendments to legislation Amendment to Children’s Act 2014 Principal Act Section 15 amended (Interpretation) Amendment to Protected Disclosures (Protection of Whistleblowers) Act 2022 Principal Act Schedule 2 amended s 1 60 61 62 63 64 65 66 67 68 69 70
28 28 28 3 s 1 60 61 62 63 64 65 66 67 68 69 70 71 Integrity Sport and Recreation Act 2023 2023 No 48 Amendment to Sport and Recreation New Zealand Act 2002 Principal Act Section 8 amended (Functions) Amendments to Sports Anti-Doping Act 2006 Principal Act Title of principal Act changed Sections 3 and 4 replaced Purpose 3 4 Interpretation Part 2 repealed Section 30 amended (Membership of Tribunal) Section 38 amended (Functions of Tribunal) Section 39 amended (Procedure of Tribunal) Section 40 amended (Evidence in proceedings before Tribunal) Sections 49 to 54 and cross-headings repealed Other amendments to Acts Other amendments to Acts Schedule 1 Transitional, savings, and related provisions Schedule 2 Consequential amendments to other Acts 28 29 29 29 29 29 29 30 30 30 30 30 30 30 31 35 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Integrity Sport and Recreation Act 2023.
2 (1) (2) Commencement This Act comes into force on a single date to be appointed by the Governor- General by Order in Council.

If this Act has not earlier been brought into force by Order in Council, it comes into force on 1 July 2024.

(3) An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Legislation Act 2019 requirements for secondary legislation made under this section LA19 s 69(1)(c) PCO must publish it on the legislation website and notify Publication it in the Gazette The Minister must present it to the House of Representatives It may be disallowed by the House of Representatives Presentation LA19 s 114 LA19 ss 115, 116 Disallowance This note is not part of the Act.
4 2023 No 48 Integrity Sport and Recreation Act 2023 Part 1 s 4 Part 1 Preliminary provisions 3 Purpose The purpose of this Act is to establish the Commission to— (a) enhance integrity within sport and physical recreation to protect and pro‐ mote the safety and well-being of participants and the fairness of compe‐ tition: (b) with respect to anti-doping, give effect to the World Anti-Doping Code in New Zealand in order to achieve the Code’s purposes of— (i) (ii) protecting athletes’ fundamental right to participate in doping-free sport and in this way promote health, fairness, and equality for athletes worldwide; and ensuring harmonised, co-ordinated, and effective anti-doping pro‐ grammes at an international and national level with regard to detection, deterrence, and prevention of doping.
4 (1) Interpretation In this Act, unless the context otherwise requires,— anti-doping rules means the rules made under section 23 Commission means the Integrity Sport and Recreation Commission estab‐ lished under section 8 document has the same meaning as in section 4 of the Evidence Act 2006 integrity code means a code made under section 19 Minister means the Minister of the Crown who, under the authority of a war‐ rant or with the authority of the Prime Minister, is responsible for the adminis‐ tration of this Act national recreational organisation means an organisation that represents members involved in a particular type of organised physical recreation event or activity in New Zealand (but does not include a local, regional, or other recrea‐ tional organisation not operating at a national level) national sporting organisation means an organisation that represents mem‐ bers involved in a particular type of sporting event or activity in New Zealand and, if a national organisation does not exist for a sport, includes a local, regional, or other sporting organisation organisation means any body of persons, whether incorporated or unincorpor‐ ated participant, in relation to a sport or physical recreation, includes— (a) an individual who is a player, competitor, or any other person who takes part in the sport or physical recreation; and 5 Part 1 s 4 Integrity Sport and Recreation Act 2023 2023 No 48 (b) (c) (d) (e) (f) (g) an official or administrator; and a coach, trainer, or other person who gives instruction in the sport or physical recreation; and a manager, an agent, or a team staff member; and a person providing medical or paramedical services to an individual in paragraph (a) or a team or group; and a parent or caregiver of an individual in paragraph (a); and any other person working with, treating, or assisting an individual in paragraph (a) or a team or group; and (h) a volunteer providing services for the sport or physical recreation rainbow people means people whose sexual orientation, gender identity,
 gen‐ der expression, or variations of sex characteristics differ from majority binary norms, for example, people who are takatāpui, lesbian, gay, bisexual, intersex, transgender, queer, non-binary, and fa’afafine sport and physical recreation sector means— (a) (b) (c) organisations with a primary purpose of providing opportunities for par‐ ticipation in sport or organised physical recreation; and participants; and organisations with a primary purpose of providing services to organisa‐ tions described in paragraph (a) or to participants (for example, partici‐ pant associations, the New Zealand Olympic Committee Incorporated, and Paralympics New Zealand); and (d) employees of organisations described in paragraphs (a) and (c) Sport and Recreation New Zealand means the body established under section 7(1) of the Sport and Recreation New Zealand Act 2002 Sports Tribunal means the Sports Tribunal of New Zealand continued by sec‐ tion 29 of the Sports Tribunal Act 2006 threat to integrity has the meaning given in section 5 World Anti-Doping Agency means the body founded by the International Olympic Committee and constituted as a foundation in Lausanne by an instru‐ ment of foundation signed on 10 November 1999, and named in that instru‐ ment as the Agence Mondiale Antidopage, World Anti-Doping Agency World Anti-Doping Code means the World Anti-Doping Code 2003 adopted by the World Anti-Doping Agency on 5 March 2003 at Copenhagen; and includes any amendments to the Code adopted by the World Anti-Doping Agency from time to time.
(2) Nothing in the definitions of participant and sport and physical recreation sec‐ tor limits or affects the meaning of the terms athlete, athlete support person, and participant in the World Anti-Doping Code or the anti-doping rules.

6 2023 No 48 Integrity Sport and Recreation Act 2023 Part 1 s 7 (3) A reference in this Act to a person being vulnerable refers to the person being vulnerable due to age, health status, impairment, or any other cause.
5 Meaning of threat to integrity In this Act, unless the context otherwise requires, threat to integrity means— (a) manipulation or attempted manipulation of the result or course of a sporting competition or activity: (b) (c) (d) (e) (f) sports betting activity connected with competition manipulation or the misuse of inside information connected with competition manipulation or sports betting: doping in sport: racism, discrimination that is unlawful under Part 2 of the Human Rights Act 1993, bullying, violence, abuse, sexual misconduct, intimidation, or harassment in sport or organised physical recreation: corruption, fraud, and other forms of deception or breach of trust in sport or organised physical recreation: a failure by an organisation in the sport and physical recreation sector to take reasonable measures to— (i) (ii) (iii) (iv) (v) (vi) prevent manipulation or attempted manipulation of sporting com‐ petitions and the misuse of inside information for sports betting; or prevent sports betting activity connected with competition manip‐ ulation or the misuse of inside information connected with compe‐ tition manipulation or sports betting; or prevent doping in sport; or protect all participants in sport or organised physical recreation from racism, discrimination that is unlawful under Part 2 of the Human Rights Act 1993, bullying, violence, abuse, sexual mis‐ conduct, intimidation, or harassment; or safeguard children in sport or organised physical recreation; or prevent corruption, fraud, and other forms of deception or breach of trust in sport and organised physical recreation.
Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Act binds the Crown This Act binds the Crown.

6 7 7 Part 2 s 8 Integrity Sport and Recreation Act 2023 2023 No 48 Part 2 Integrity Sport and Recreation Commission 8 (1) (2) (3) Integrity Sport and Recreation Commission established This section establishes the Integrity Sport and Recreation Commission.
The Integrity Sport and Recreation Commission is a Crown entity for the pur‐ poses of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Integrity Sport and Recreation Commission except to the extent that this Act expressly provides otherwise.
9 Commission must act independently Except as expressly provided otherwise in this or any other Act, the Commis‐ sion must act independently in performing its functions and duties and in exer‐ cising its powers under— (a) (b) this Act; and any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004).

Compare: 2006 No 58 s 8 10 Board of Commission The board of the Commission consists of at least 7, but not more than 9, board members.
11 Eligibility for appointment as member of board (1) When considering whether to recommend a person for appointment as a mem‐ ber of the board of the Commission, the Minister must ensure that— (a) the board collectively has knowledge and experience in matters relevant to the functions of the Commission, including knowledge of and experi‐ ence in— (i) (ii) (iii) (iv) law; and athlete and participant health and well-being; and sport and physical recreation sector participation and administra‐ tion, such as participant associations; and human rights, in particular the rights of children and young people and the rights of rainbow people; and (v) te Tiriti o Waitangi/the Treaty of Waitangi; and (b) at least 2 members of the board have experience and expertise in te ao Māori and tikanga Māori.
8 2023 No 48 Integrity Sport and Recreation Act 2023 Part 2 s 13 (2) A person who is a member of the board, or an employee, of Sport and Recre‐ ation New Zealand or a subsidiary of Sport and Recreation New Zealand is not eligible to be a member of the board of the Commission.
12 Objective of Commission In performing its functions and exercising its powers under this Act, the Com‐ mission’s objective is to achieve the purposes in section 3(a) and (b) by— (a) (b) preventing and addressing threats to integrity in sport and organised physical recreation; and promoting participants’ trust and confidence in integrity within the sport and physical recreation sector.
13 Functions of Commission The functions of the Commission are— (a) (b) (c) (d) (e) (f) (g) (h) Promoting, advising, and leading on integrity in sport and recreation to provide advice, support, education, and guidance relating to integrity in sport and organised physical recreation: to advocate and promote respect for, and enhance understanding and appreciation of, integrity in sport and organised physical recreation: to engage with the sport and physical recreation sector to monitor devel‐ opments relating to integrity: to be a leader on integrity issues in sport and organised physical recre‐ ation within Government and to co-ordinate with relevant international bodies: Integrity codes, investigations, discipline, and dispute resolution to develop and issue integrity codes under Part 3: to provide mechanisms for complaints and disclosures relating to integ‐ rity in the sport and recreation sector: to provide accessible, age appropriate, and culturally responsive mech‐ anisms for resolution of disputes relating to integrity between persons or organisations involved in sport and organised physical recreation: to investigate matters relating to integrity in the sport and physical recre‐ ation sector in accordance with Part 4: (i) to provide a disciplinary process for breaches of integrity codes: Sports anti-doping (j) (k) (l) to make anti-doping rules in accordance with sections 23 to 26: to do all things necessary to comply with and implement the anti-doping rules: to do all things necessary to comply with and implement any Article of the World Anti-Doping Code that— 9 Part 2 s 14 Integrity Sport and Recreation Act 2023 2023 No 48 (i) (ii) is not required to be reflected in the anti-doping rules; but requires the Commission to do something: (m) (n) to facilitate compliance by New Zealand with all international agree‐ ments and arrangements concerning doping in sport to which New Zea‐ land is a party: to test athletes who are not citizens or residents of New Zealand, and notify the test results, in accordance with
 bilateral or multilateral agree‐ ments entered into with foreign Governments, foreign anti-doping organ‐ isations, or other signatories to the World Anti-Doping Code, and enter into reciprocal testing agreements in relation to athletes who are citizens or residents of New Zealand: (o) to consult, advise, and assist— (i) (ii) government departments, local authorities, Sport and Recreation New Zealand, the New Zealand Olympic Committee Incorpor‐ ated, Paralympics New Zealand, national sporting organisations, athletes, and other bodies or persons on any matters concerned with doping in sport, and related matters: government and non-government organisations and other persons overseas, for the purpose of promoting the adoption of uniform international testing procedures for doping in sport: General (p) (q) to advise the Minister from time to time on any matters related to integ‐ rity in sport and organised physical recreation: to generally take all steps necessary or desirable to achieve the purposes in section 3(a) and (b): (r) to perform any other functions that— (i) (ii) are conferred on the Commission by this or any other enactment; or the Minister may direct in accordance with section 112 of the Crown Entities Act 2004.
Requirements for Commission’s procedures In the performance of its functions and the exercise of its powers, the Commis‐ sion must establish for its use procedures that— (a) (b) (c) (d) (e) are appropriate and fair in the circumstances; and reflect the needs of participants; and protect participants’ human rights, including their right to privacy; and promote the best interests of children and young people; and comply with the anti-doping rules and integrity codes.
14 (1) 10 2023 No 48 Integrity Sport and Recreation Act 2023 Part 2 s 17 (2) In this section, the needs of participants includes their psychological needs and other needs such as those based on vulnerability, age, culture, language, gender identity and expression, sexual orientation, sex characteristics, and disa‐ bility.
Compare: 2006 No 58 s 15(3) 15 Duties of Commission when carrying out its functions The Commission must maintain the capability and capacity to carry out its functions in a manner that is responsive to— (a) (b) tikanga Māori and the rights and interests of Māori; and te Tiriti o Waitangi/the Treaty of Waitangi.
16 Commission to have effective means of seeking views The Commission must establish effective means of seeking the views of par‐ ticipants, Māori, and other relevant stakeholders, including Pacific peoples, disabled people, children and young people, women and girls, and rainbow people.
17 (1) (2) Application of functions and powers outside New Zealand and to matters occurring outside New Zealand The Commission’s functions may be performed, and its powers may be exer‐ cised, outside New Zealand if permitted, or required, under an international agreement to which New Zealand is a party.
The Commission may exercise the power under section 31 (and a disciplinary panel may exercise the power under subpart 4 of Part 4) in respect of any act or omission by an organisation that has adopted an integrity code, or a person who is bound by an integrity code, whether or not the act or omission occurred in New Zealand.
(3) The Commission may exercise the power under section 32 in respect of any act or omission outside New Zealand by— (a) (b) an organisation that is established in, or primarily operates in, New Zea‐ land; or a participant whose participation in a sport or organised physical recre‐ ation event or activity is being facilitated by an organisation described in paragraph (a) at the time of the act or omission.
(4) The Commission may exercise a power conferred under section 19(3)(e)(i) or 23(4)(a), or the power under section 34, regardless of whether the person from whom the information is required is in New Zealand at the time the require‐ ment is made.
Compare: 2006 No 58 s 15(1) 11 Part 2 s 18 Integrity Sport and Recreation Act 2023 2023 No 48 18 Commission may perform functions in co-operation with others The Commission may perform any of its functions in co-operation with any person, body, association, or organisation.

Compare: 2006 No 58 s 15(2) Part 3 Integrity codes and anti-doping rules Integrity codes 19 (1) Commission may make integrity codes The Commission may make 1 or more integrity codes.
(2) An integrity code must set out minimum standards that apply across the part or whole of the sport and physical recreation sector to which the code applies for the purpose of preventing and addressing threats to integrity.
(3) An integrity code may— (a) (b) (c) (d) (e) specify rights of participants in relation to integrity in sport and physical recreation: require an organisation that adopts the integrity code to have policies and procedures for responding to concerns about integrity (including com‐ plaints-handling and disciplinary procedures) that comply with min‐ imum requirements set out in the integrity code: prescribe mechanisms for the making of complaints and disclosures to the Commission: prescribe culturally responsive dispute resolution procedures to be provi‐ ded by the Commission and the types of disputes that may be referred to those procedures: require an organisation that adopts the integrity code or a participant, or other person, who has agreed to be bound by the integrity code to— (i) (ii) provide to the Commission information or documents that the Commission considers is reasonably necessary for the purposes of any investigation conducted by the Commission under section 31 or 32: co-operate fully with an investigation under section 31 or 32 or any disciplinary process, for example, by attending a hearing or an interview: (f) require an organisation that adopts the integrity code to provide to the Commission information or documents that the Commission considers reasonably necessary for the purpose of monitoring implementation of the integrity code: 12 2023 No 48 Integrity Sport and Recreation Act 2023 Part 3 s 19 (g) (h) require an organisation that adopts the integrity code to report to the Commission issues of serious concern (which may be further specified in the integrity code) regarding integrity: in relation to breaches by an individual of the integrity code, a policy or procedure made under the integrity code, or section 40,— (i) (ii) provide for reasonable and proportionate sanctions in the nature of conditions or restrictions on that individual’s participation in any sport or organised physical recreation to which the integrity code applies; and require an organisation that adopts the integrity code to
 enforce sanctions prescribed in the integrity code under subparagraph (i) (including a sanction the organisation was required by a disciplin‐ ary panel under subpart 4 of Part 4 to impose): (i) in relation to breaches by an organisation of the integrity code, a policy or procedure made under the integrity code, or section 39, prescribe reasonable and proportionate actions that the Commission may require the organisation to take by way of remedy, including— (i) (ii) issuing an apology or paying compensation to any person: taking steps to change the organisation’s policies or procedures: (j) prescribe— (i) (ii) (iii) the circumstances in which a matter may be referred to a discip‐ linary panel under subpart 4 of Part 4; and the composition of a disciplinary panel: the procedure of a disciplinary panel: (k) prescribe criteria that an organisation that adopts the integrity code must satisfy in order to gain a dispensation from any provisions of the integ‐ rity code and any necessary modifications to the integrity code that apply where a dispensation is granted: (l) contain any other matters necessary or desirable to promote integrity in sport or organised physical recreation.
(4) An integrity code may— (a) relate to the whole or a specified part of the sport and physical recreation sector (but not to a single sport or physical recreation); and (b) concern all threats to integrity or specified threats to integrity.

(5) No integrity code may prescribe matters for which anti-doping rules have been or could be made under section 23.

(6) An integrity code may, consistently with section 17, provide that it applies to acts or omissions that occur outside New Zealand.
(7) An integrity code made under this section— 13 Part 3 s 20 Integrity Sport and Recreation Act 2023 2023 No 48 (a) is secondary legislation (see Part 3 of the Legislation Act 2019 for publi‐ cation requirements); and (b) comes into force on the later of— (i) (ii) the date that is 28 days after it is published under that Act; and the date specified in the integrity code.
Legislation Act 2019 requirements for secondary legislation made under this section Publication LA19 s 74(1)(aa) The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 The Minister must present it to the House of Representatives It may be disallowed by the House of Representatives Presentation Disallowance This note is not part of the Act.
LA19 s 114, LA19 ss 115, 116 20 (1) Consultation on integrity code Before making an integrity code, the Commission must consult participants, national sporting organisations, national recreation organisations, Māori, other relevant stakeholders (including Pacific peoples, disabled people, children and young people, women and girls, and rainbow people), and the Privacy Com‐ missioner on the proposed code.
(2) Subsection (1) does not apply to an amendment to an integrity code if the Com‐ mission is satisfied that the amendment— (a) (b) is only correcting a minor error; or is otherwise of a minor nature only.

21 Who is bound by integrity code (1) An organisation in the sport and physical recreation sector may, in the manner provided in the code, adopt an integrity code.
(2) An integrity code binds— (a) (b) an organisation that adopts it; and any participant or other person who, or body of persons that,— (i) (ii) is a member of the organisation; or agrees with the organisation that the code will apply to the partici‐ pant, other person, or body of persons; or (iii) otherwise agrees to the application of the code.
(3) If an integrity code is replaced,— (a) (b) the replacement code applies to an organisation to which, or participant or other person to whom, the replaced code applied immediately before the replacement; and the organisation, participant, or other person is not required to take steps to adopt the replacement code.
14 2023 No 48 Integrity Sport and Recreation Act 2023 Part 3 s 23 (4) If an integrity code is amended,— (a) (b) the code as amended applies to an organisation to which, or participant or other person to whom, the code applied immediately before the amendment; and the organisation, participant, or other person is not required to take steps to adopt the code as amended.

(5) An organisation that has adopted an integrity code may, in the manner provided in the code, revoke its adoption of the code.
(6) 22 (1) (2) 23 (1) (2) (3) For the purposes of this section, a person is a member of an organisation if the person has agreed to be, and has been accepted as, a member of that organisa‐ tion.

Commission must review integrity codes The Commission must, at least once every 3 years after an integrity code comes into force, review the code for the purpose of ensuring that it remains fit for purpose and meets the needs of participants.
Sections 19 to 21 apply, with the necessary modifications, to the making of a new or an amended code.

Anti-doping rules Anti-doping rules The Commission must make, and always have, anti-doping rules to implement the World Anti-Doping Code.
To the extent that the World Anti-Doping Code requires specified Articles of the Code to be incorporated into the anti-doping rules without substantive changes (allowing for necessary non-substantive editing changes in order to refer to things like sports, section numbers, and the Commission’s name), the anti-doping rules must incorporate those Articles in that manner.
In addition, the Commission may make any other anti-doping rules that are necessary or desirable to govern the practice and procedure of the Commis‐ sion’s functions under section 13(j) to (o).
(4) Without limiting subsection (3), the Commission may make anti-doping rules— (a) requiring an organisation to which, or individual to whom, the anti-dop‐ ing rules apply to— (i) provide to the Commission information or documents that the Commission considers is reasonably necessary for the purposes of performing its function to comply with and implement the anti- doping rules: 15 Part 3 s 24 Integrity Sport and Recreation Act 2023 2023 No 48 (ii) co-operate fully with an investigation under the anti-doping rules, for example, by attending a hearing or an interview: (b) providing for reasonable and proportionate sanctions (of the kind permit‐ ted under the World Anti-Doping Code) for a breach of a requirement referred to in paragraph (a).
(5) Rules made under this section may authorise specified procedures or matters of detail to be determined by the Commission, and may not be challenged on the ground that they leave such matters to the discretion of the Commission.
(6) Rules made under this section— (a) are secondary legislation (see Part 3 of the Legislation Act 2019 for pub‐ lication requirements); and (b) come into force on the later of— (i) the date that is 28 days after they are published under that Act; and (ii) the date specified in the rules.
Compare: 2006 No 58 s 16 Legislation Act 2019 requirements for secondary legislation made under this section Publication LA19 s 74(1)(aa) The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 The Minister must present it to the House of Representatives It may be disallowed by the House of Representatives Presentation Disallowance This note is not part of the Act.
LA19 s 114, LA19 ss 115, 116 24 (1) (2) 25 (1) Consultation on anti-doping rules Before making an anti-doping rule, the Commission must consult national sporting organisations, athletes, the Sports Tribunal, Māori, and the Privacy Commissioner on the proposed rule.

Subsection (1) does not apply to an amendment to the anti-doping rules if the Commission is satisfied that the amendment— (a) (b) is only correcting a minor error; or is otherwise of a minor nature only.
Application of anti-doping rules amended or replaced If the anti-doping rules are replaced,— (a) (b) the replacement anti-doping rules apply to any organisation to which, or individual to whom, the replaced anti-doping rules applied immediately before the replacement; and the organisation or individual is not required to take steps to agree to the replacement anti-doping rules.
(2) If the anti-doping rules are amended,— 16 2023 No 48 Integrity Sport and Recreation Act 2023 Part 4 s 28 (a) (b) the anti-doping rules as amended apply to any organisation to which, or individual to whom, the anti-doping rules applied immediately before the amendment; and the organisation or individual is not required to take steps to agree to the anti-doping rules as amended.
Commission must review anti-doping rules from time to time The Commission must, no later than 3 years after the commencement of this Act and at least once every 3 years after that commencement date, review the anti-doping rules for the purpose of ensuring that they comply with this Act.

Sections 23 to 25 and 48 apply, with the necessary modifications, to the mak‐ ing of a new or an amended rule.
Compare: 2006 No 58 s 23 Part 4 Powers, investigations, and disciplinary panels Overview of this Part Subpart 1 confers powers on the Commission to comply with and implement the World Anti-Doping Code and the anti-doping rules.

The anti-doping rules set out the detail of the testing and investigation powers of the Commission under the rules.

Subpart 2 deals with the powers of the Commission to comply with and imple‐ ment an integrity code.
Subpart 3 confers investigative powers relating to breaches of integrity codes and in relation to threats to integrity.

Subpart 4 deals with disciplinary panels that the Commission may establish to consider and determine whether an integrity code, or an organisation’s policy made under an integrity code, has been breached by a participant and the sanc‐ tion to be imposed for the breach.
26 (1) (2) 27 (1) (2) (3) (4) (5) This section is intended only as a guide to the overall scheme and effect of this Part.
Subpart 1—Powers of Commission to comply with and implement anti- doping rules 28 Powers of Commission to comply with and implement World Anti-Doping Code and anti-doping rules The Commission may— (a) take all steps necessary to comply with and implement the World Anti- Doping Code in accordance with this Act; and 17 Part 4 s 29 Integrity Sport and Recreation Act 2023 2023 No 48 (b) take all steps necessary to comply with and implement the anti-doping rules.
Subpart 2—Powers of Commission to comply with and implement integrity codes 29 Powers of Commission to comply with and implement integrity codes The Commission may take all steps necessary to comply with and implement an integrity code.

Subpart 3—Integrity investigations 30 (1) Application of this subpart This subpart— (a) (b) applies to investigations under sections 31 and 32: does not apply to investigations conducted under the anti-doping rules.
(2) Nothing in this subpart limits or affects the functions and powers of the Com‐ 31 (1) (2) mission under the anti-doping rules.

Investigation into breach of integrity code The Commission may investigate anything that is or appears to the Commis‐ sion to be a breach of an integrity code by an organisation, participant, or other person who is bound by it.

The investigation must be conducted in accordance with the provisions of the integrity code and this subpart.
(3) Following an investigation under this section, the Commission may— (a) (b) (c) refer the matter to a disciplinary process (including a disciplinary panel) provided for in the code: take or recommend the taking of any actions prescribed in the code under section 19(3)(h) or (i) that the Commission thinks fit for promot‐ ing the resolution of the matter: take any other action consistent with the code that the Commission con‐ siders is necessary and appropriate: (d) publish a report on the investigation in accordance with section 37.
Investigation of threat to integrity The Commission may investigate anything to which neither section 31 nor the anti-doping rules apply if— (a) (b) the matter is or appears to the Commission to be a threat to integrity; and the Commission is satisfied that an investigation by the Commission is in the public interest.
32 (1) 18 2023 No 48 Integrity Sport and Recreation Act 2023 Part 4 s 34 (2) For the purpose of subsection (1)(b), the Commission— (a) must take into account— (i) (ii) the severity of the potential threat to integrity and whether the threat appears to be ongoing: the best interests of participants (including any vulnerabilities of the participants concerned): (iii) whether the threat to integrity appears to be at an organisational level or concerns more than 1 organisation: (iv) whether the matter has been, or is being, investigated by another relevant body: (v) if the matter concerns a particular organisation, the views of the organisation and relevant participants on the need for an investiga‐ tion; and (b) may take into account any other matter the Commission thinks fit.
(3) Following an investigation under this section, the Commission may publish a report in accordance with section 37.

33 Initiation of investigation The Commission may investigate under section 31 or 32 in response to a com‐ plaint or on its own initiative.
Powers relating to investigation under section 31 or 32 34 (1) Power to require information or documents If the conditions in subsection (2) are satisfied, the Commission may, by notice in writing, require a specified person— (a) (b) (c) to provide the Commission or a specified employee of the Commission with any information the Commission requires; or to produce to the Commission or a specified employee of the Commis‐ sion any document in the custody or under the control of that person, and to allow copies of, or extracts from, any such document to be made or taken; or to provide to the Commission or to a specified employee of the Commis‐ sion copies or extracts from documents in the custody or under the con‐ trol of that person.
(2) The conditions referred to in subsection (1) are that the Commission believes, on reasonable grounds, that— (a) (b) the information is relevant to an investigation under section 31 or 32; and the information or document or extract cannot be obtained from the spe‐ cified person, or any other person, by consent; and 19 Part 4 s 35 Integrity Sport and Recreation Act 2023 2023 No 48 (c) the person holds or is likely to hold the information or document.
(3) In this section, specified person means— (a) (b) (c) (d) (e) (f) (g) Sport and Recreation New Zealand: a subsidiary of Sport and Recreation New Zealand: the New Zealand Olympic Committee Incorporated: Paralympics New Zealand Incorporated: a national sporting organisation: an affiliate of a national sporting organisation: a national recreational organisation.
35 (1) (2) (3) (4) 36 (1) Court may make orders for failure to comply with requirement under section 34 The Commission may apply to the District Court for orders against a person on the grounds that the person has failed to comply with a requirement under sec‐ tion 34.
The court may, on the application of the Commission, make either or both of the following orders if the court is satisfied that the person has failed to comply with the requirement: (a) an order directing the person to comply with the requirement specified in the notice: (b) any other order that the court considers appropriate.

The court may require a person to produce documents or provide other infor‐ mation to the court for the purposes of determining an application under this section.
The court may make an order under this section subject to any conditions the court thinks appropriate.

Referrals of matters to body or person This section applies if, in the course of conducting or proposing to conduct an investigation under section 31 or 32, the Commission considers that the subject matter of the investigation relates, in whole or in part, to a matter that is more properly within the scope of the functions of a person or body referred to in subsection (5).
(2) The Commission must, without delay, consult the person or body in order to determine the appropriate means of dealing with the subject matter.

(3) As soon as practicable after consulting the person or body concerned, the Com‐ mission must determine whether the subject matter should be dealt with, in whole or in part, under this Act.
If the Commission determines that the subject matter should be dealt with, in whole or in part, by a person or body referred to in subsection (5), the Commis‐ (4) 20 2023 No 48 Integrity Sport and Recreation Act 2023 Part 4 s 38 sion must, without delay, refer the subject matter or, as the case requires, the appropriate part of the subject matter to that person or body.
(5) The persons or bodies referred to in subsection (1) are— (a) (b) (c) (d) (e) (f) (g) (h) the Human Rights Commission under the Human Rights Act 1993: the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989: the Commissioner of Police: the Health and Disability Commissioner: an Ombudsman exercising jurisdiction under the Ombudsmen Act 1975: the Privacy Commissioner: the Director of the Serious Fraud Office: any other person or body.
37 (1) Compare: 2003 No 121 s 19 Commission may report on investigation The Commission may publish a report relating to an investigation under sec‐ tion 31 or 32.

(2) A report published under this section must not contain personal information unless— (a) (b) the individual concerned consents to their personal information being included in the report; or the Commission considers that the public interest in including the per‐ sonal information in the report outweighs the individual’s privacy inter‐ ests.
In this section, personal information has the same meaning as in section 7(1) of the Privacy Act 2020.

Confidentiality and disclosure of information relating to investigations The Commission must keep confidential any information obtained through a complaint about integrity or while conducting an investigation under section 31 or 32 if that information might identify a complainant or any other person who has provided information during an investigation.
(3) 38 (1) (2) Despite subsection (1), the Commission may disclose information referred to in that subsection if— (a) (b) the person who would be identified consents to the disclosure of the information; or the Commission believes on reasonable grounds that the disclosure of the information is necessary— 21 Part 4 s 39 Integrity Sport and Recreation Act 2023 2023 No 48 (i) (ii) (iii) (iv) for the effective investigation of the complaint or the effective conduct of the investigation, if commenced, or for disciplinary processes arising from the investigation; or to prevent or lessen a serious risk to public health, public safety, or to the health or safety of any individual; or for an investigation by a law enforcement or regulatory agency for the purpose of law enforcement; or for the conduct of proceedings before any court or tribunal (that is, proceedings that have been commenced or are reasonably in contemplation); or (v) for the purposes of a report that the Commission may issue in accordance with section 37; or (c) the Commission is required to disclose the information under any other legislation (including the Privacy Act 2020 and the Official Information Act 1982).
(3) Before releasing identifying information for a reason described in subsection (2)(b) or (c),— (a) (b) if the release is for the reason described in subsection (2)(b)(i), (iii), or (v), the Commission must consult the person who would be identified about the release; or if the release is for the reason described in subsection (2)(b)(ii) or (iv), the Commission must, if practicable, consult the person who would be identified about the release.
(4) After releasing identifying information for a reason described in subsection (2)(b), the Commission must inform the person who is identified by it.

(5) Nothing in this section limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022.
(6) 39 In this section, law enforcement or regulatory agency includes bodies within the meaning of law enforcement agency in section 3(1) of the Search and Sur‐ veillance Act 2012.
No retaliation against participant who makes complaint or provides information to Commission (1) An organisation in the sport and physical recreation sector must not retaliate, or threaten to retaliate, against a participant because the participant— (a) makes or intends to make a complaint to the Commission; or (b) provides or intends to provide information to the Commission for the purposes of an investigation under section 31 or 32.
22 2023 No 48 Integrity Sport and Recreation Act 2023 Part 4 s 41 (2) For the purpose of this section, retaliate, in relation to a participant, means subjecting, or organising to subject, the participant to any detriment or disad‐ vantage (including any detrimental or disadvantageous effect on the partici‐ pant’s selection for activities, events, or competitions in sport or physical recre‐ ation) in circumstances in which other participants in those activities, events, or competitions are not or would not be subjected to such detriment or disadvant‐ age.
40 No victimisation in relation to making complaint or providing information to Commission (1) A person (A) must not treat, or threaten to treat, another person (B) less favour‐ ably than A would treat other persons in the same or substantially similar cir‐ cumstances because— (a) B (or a relative or an associate of B)— (i) (ii) (iii) (iv) makes or intends to make a complaint to the Commission; or provides or intends to provide information to the Commission for the purposes of an investigation; or has encouraged another person to take an action described in sub‐ paragraph (i) or (ii); or has given information in support of, or relating to, an action described in subparagraph (i) or (ii); or (2) (3) (b) A believes or suspects that B (or a relative or an associate of B) intends to do, or has done, anything described in paragraph (a).
Subsection (1) does not apply if B knowingly made a false allegation or other‐ wise acted in bad faith.

Subsection (4) applies if a breach of subsection (1) occurs where there is no applicable integrity code to which person A is bound under which the breach can be dealt with and sanctioned.

(4) A breach of subsection (1) is unlawful under section 66(3) of the Human Rights Act 1993.
Subpart 4—Disciplinary panels 41 (1) Commission may establish disciplinary panel If provided for in an integrity code, the Commission may establish a disciplin‐ ary panel to consider and determine whether an integrity code, or an organisa‐ tion’s policy made under an integrity code, has been breached by a participant and the sanction to be imposed for the breach.

(2) The composition of the disciplinary panel must be as prescribed in the relevant integrity code.
23 Part 4 s 42 Integrity Sport and Recreation Act 2023 2023 No 48 (3) A disciplinary panel does not have jurisdiction to deal with any matter arising between an employer and the employer’s employee concerning the terms and conditions of the employee’s employment, a dispute about the interpretation, application, or operation of an employment agreement, or a personal grievance.
(4) The Commission must ensure that the disciplinary panel function is performed independently from its function of conducting investigations under sections 31 and 32.

42 Powers and procedure of disciplinary panel (1) A disciplinary panel may, for the purpose of considering and determining a matter described in section 41(1),— (a) (b) request information from the parties or from any other person: interview any of the parties.
(2) Having considered the matter, a disciplinary panel may— (a) (b) (c) recommend that no further action be taken: refer the matter back to the Commission or the organisation concerned for further investigation, determination of a sanction under the integrity code, or any other action: require an organisation to impose a sanction specified by the panel from those available under the relevant integrity code or the organisation’s policies made under the integrity code.
(3) The disciplinary panel must comply with the procedure prescribed for the panel in the relevant integrity code.

43 Appeal against decision of disciplinary panel A party to a matter that is referred to a disciplinary panel may appeal to the Sports Tribunal against the whole or any part of a decision of the panel.
Part 5 General and miscellaneous provisions 44 Sharing of evidence and information by Customs, Police, and others A Police employee, a Customs officer, or any other person may provide evi‐ dence or information to the Commission if that person believes that the evi‐ dence or information may assist the Commission— (a) in complying with or implementing the anti-doping rules or an integrity code; or (b) in an investigation under section 31 or 32.
Compare: 2006 No 58 s 28 24 2023 No 48 Integrity Sport and Recreation Act 2023 Part 5 s 48 45 Immunities and privileges in relation to giving information or documents to Commission (1) A person giving information or producing documents to the Commission for the purpose of an investigation under section 31 or 32 has the same immunities and privileges as if they were appearing in civil proceedings, and subpart 8 of Part 2 of the Evidence Act 2006 applies to the investigation, to the extent that it is relevant, as if— (a) (b) the investigation were a civil proceeding; and every reference to a Judge were a reference to the Commission.
(2) (3) Subsection (3) applies if a person has been required to provide information or produce documents for the purpose in subsection (1) and wishes to claim a privilege or immunity described in that subsection.
In order for the Commission to determine under section 52 of the Evidence Act 2006 whether the person claiming privilege has a justifiable reason for main‐ taining the privilege, or the information or document should be disclosed, the Commission may,— (a) (b) if authorised by the person, view the information or document; or direct the person to provide the information or document to an independ‐ ent person.
46 Immunities from proceedings for persons providing information or documents No civil or criminal proceedings may be brought against a person by reason only of that person’s compliance with any requirement to provide information or produce documents to the Commission under this Act.

47 Privilege for Commission reports For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report made by the Commission under this Act is to be taken to be an official report.
Incorporation by reference 48 (1) Incorporation by reference in anti-doping rules The following, whether in written or electronic form, may be incorporated by reference in the anti-doping rules: (a) (b) (c) standards, requirements, or recommended practices of the World Anti- Doping Agency: the World Anti-Doping Agency’s International Standards: the World Anti-Doping Agency’s Models of Best Practice.
25 Part 5 s 49 Integrity Sport and Recreation Act 2023 2023 No 48 (2) (3) (4) Part 3 of the Legislation Act 2019 applies (as modified by this section) as if the material were incorporated in reliance on section 64 of that Act.

Clause 1 of Schedule 2 of the Legislation Act 2019 does not apply.

The rest of that Schedule 2 applies as if references to the chief executive of the administering agency were references to the chief executive of the Commis‐ sion.
49 Incorporation by reference in integrity codes Nothing in section 48 limits the application of sections 63 to 66 of the Legis‐ lation Act 2019 to integrity codes.
Fees and charges Powers of Commission to charge fees or impose charges The Commission may charge any fees, or impose any charges, that are reason‐ able in respect of the provision of services, information, or advice requested from the Commission, other than for— (a) (b) (c) supplying information to an individual relating to the individual; or receiving and handling complaints or reports about integrity, conducting investigations under the anti-doping rules or section 31 or 32, or the pro‐ vision of and work of a disciplinary panel; or testing conducted under a testing programme established under the anti- doping rules.
The amount or rate of a fee or charge under this section must be reasonably related to the expenses incurred or to be incurred in relation to the provision of services, information, or advice to which the fee or charge relates.
Compare: 2006 No 58 s 13 Testing other than under testing programme established under anti- doping rules The Commission may, at the request of a national sporting organisation, con‐ duct testing not provided for under a testing programme established under the anti-doping rules, and may charge the national sporting organisation fees for that testing.

The amount of a fee charged under subsection (1) must be reasonably related to the expenses incurred or to be incurred in relation to the testing conducted.
If the Commission conducts testing under subsection (1), athletes are entitled to the same rights to which athletes are entitled under a testing programme estab‐ lished under the anti-doping rules.
Compare: 2006 No 58 s 14 50 (1) (2) 51 (1) (2) (3) 26 2023 No 48 Integrity Sport and Recreation Act 2023 Part 5 s 54 Reporting on use of power to require information or documents 52 Commission must report on use of power to require information or documents The Commission must include the following information in its annual report under section 150 of the Crown Entities Act 2004: (a) (b) (c) (d) each instance where the Commission has used a power conferred under section 19(3)(e)(i) or 23(4)(a), or the power under section 34; and a description of the individual or organisation from whom the informa‐ tion or documents were requested (in a form that does not identify any individual); and whether the information or documents were provided; and if the information or documents were not provided, what, if any, enforce‐ ment action was taken and the outcome of that enforcement action.
Miscellaneous provisions 53 Commission must not delegate power to make, amend, or revoke integrity code Despite section 73 of the Crown Entities Act 2004, the Commission must not delegate the power to make, amend, or revoke an integrity code to an employee of the Commission.
54 Government Superannuation Fund (1) Any person who, immediately before becoming an employee of the Commis‐ sion, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is deemed, for the purposes of that Act, to be employed in the Government service so long as the person continues to be an employee of the Commission.
(2) (3) (4) The Government Superannuation Fund Act 1956 applies to the person in all respects as if that person’s service as an employee of the Commission were Government service.

Subsection (1) does not entitle a person to become a contributor to the Govern‐ ment Superannuation Fund if that person has ceased to be a contributor.

For the purpose of applying the Government Superannuation Fund Act 1956, the Commission is the controlling authority.
Compare: 2006 No 58 s 11(2)–(5) 27 Part 5 s 55 Integrity Sport and Recreation Act 2023 2023 No 48 Review of Act Review of Act The Minister must, within 5 years from the commencement of this Act, com‐ mence a review of how widely and effectively integrity codes have been imple‐ mented.

The Minister must ensure that, during the review, the people and organisations that the Minister thinks appropriate are consulted.
The Minister must prepare a report on the review, including any recommenda‐ tions for change necessary to this Act to improve adoption of and compliance with the integrity codes.

The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.

55 (1) (2) (3) (4) Part 6 Amendments to legislation Amendment to Children’s Act 2014 56 Principal Act Section 57 amends the Children’s Act 2014.
57 Section 15 amended (Interpretation) In section 15, definition of prescribed State service, before paragraph (a), insert: (aaa) the Integrity Sport and Recreation Commission established under section 8 of the Integrity Sport and Recreation Act 2023: Amendment to Protected Disclosures (Protection of Whistleblowers) Act 2022 58 Principal Act Section 59 amends the Protected Disclosures (Protection of Whistleblowers) Act 2022.
59 Schedule 2 amended In Schedule 2, insert in its appropriate alphabetical order: Sport and recreation Integrity Sport and Recreation Commission Amendment to Sport and Recreation New Zealand Act 2002 60 Principal Act Section 61 amends the Sport and Recreation New Zealand Act 2002.

28 2023 No 48 Integrity Sport and Recreation Act 2023 Part 6 s 64 61 Section 8 amended (Functions) In section 8(i), after “disputes”, insert “(other than disputes to which the Integ‐ rity Sport and Recreation Act 2023 applies)”.
Amendments to Sports Anti-Doping Act 2006 62 Principal Act Sections 63 to 70 amend the Sports Anti-Doping Act 2006.

63 Title of principal Act changed In section 1, replace “Sports Anti-Doping” with “Sports Tribunal”.
64 Sections 3 and 4 replaced Replace sections 3 and 4 with: 3 Purpose The purpose of this Act is to continue the Tribunal as an independent body charged with— (a) (b) implementing the World Anti-Doping Code in New Zealand; and hearing, considering, and determining other sports-related and integrity matters.
4 Interpretation In this Act, unless the context otherwise requires,— anti-doping rules means the rules made under section 23 of the Integrity Sport and Recreation Act 2023 integrity code means a code made under section 19 of the Integrity Sport and Recreation Act 2023 Minister means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the admin‐ istration of this Act national sporting organisation means a body that represents members involved in a particular type of sporting event or activity in New Zealand and, if a national organisation does not exist for a sport, includes a local, regional, or other sporting organisation Tribunal means the Sports Tribunal of New Zealand continued by section 29 and previously known as the Sports Disputes Tribunal of New Zealand World Anti-Doping Code means the World Anti-Doping Code 2003 adopted by the World Anti-Doping Agency on 5 March 2003 at Copenhagen; and includes any amendments to the Code adopted by the World Anti-Doping Agency from time to time.
29 Part 6 s 65 Integrity Sport and Recreation Act 2023 2023 No 48 65 Part 2 repealed Repeal Part 2.

66 Section 30 amended (Membership of Tribunal) Replace section 30(1) with: (1) 67 (1) The Tribunal consists of the number of members (which must be not less than 5) as may be required to ensure the efficient and expeditious exercise of the jurisdiction of the Tribunal.

Section 38 amended (Functions of Tribunal) In section 38(a), replace “rules” with “anti-doping rules and integrity codes”.
(2) After section 38(a), insert: (aa) determine disputes arising from the application of an integrity code; and (ab) hear an appeal against a decision of a disciplinary panel under subpart 4 of Part 4 of the Integrity Sport and Recreation Act 2023; and (ac) hear an appeal against a decision of a disciplinary body established by an organisation that has adopted an integrity code; and (3) In section 38(d), after “New Zealand”, insert “or the Integrity Sport and Recre‐ ation Commission”.
68 Section 39 amended (Procedure of Tribunal) In section 39(2), replace “rules” with “anti-doping rules” in each place.

69 Section 40 amended (Evidence in proceedings before Tribunal) In section 40(4), replace “Evidence Act 1908” with “Evidence Act 2006”.

70 Sections 49 to 54 and cross-headings repealed Repeal sections 49 to 54 and the cross-headings above sections 49 and 53.

Other amendments to Acts 71 Other amendments to Acts Amend the legislation specified in Schedule 2 as set out in that schedule.
30 2023 No 48 Integrity Sport and Recreation Act 2023 Schedule 1 Schedule 1 Transitional, savings, and related provisions s 6 Part 1 Provisions relating to this Act as enacted 1 Meaning of commencement date In this schedule, commencement date means the date on which this Act comes into force.

Transition from Drug Free Sport New Zealand to Commission 2 Drug Free Sport New Zealand disestablished (1) Drug Free Sport New Zealand is disestablished.
(2) The members of Drug Free Sport New Zealand cease to hold office at the close of the day before the commencement date.
3 Consequences of disestablishment of Drug Free Sport New Zealand (1) On the commencement date,— (a) (b) (c) (d) (e) (f) (g) all property belonging to Drug Free Sport New Zealand vests in the Commission; and all information and documents held by Drug Free Sport New Zealand are held by the Commission; and all money payable to or by Drug Free Sport New Zealand becomes pay‐ able to or by the Commission; and all rights, liabilities, contracts, entitlements, and engagements of Drug Free Sport New Zealand become the rights, liabilities, contracts, entitle‐ ments, and engagements of the Commission; and subject to subclause (5), every employee of Drug Free Sport New Zea‐ land becomes an employee of the Commission on the same terms and conditions as applied immediately before they became an employee of the Commission; and anything done, or omitted to be done, or that is to be done, by or in rela‐ tion to Drug Free Sport New Zealand is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to the Commission; and proceedings that may be commenced, continued, or enforced by or against Drug Free Sport New Zealand may instead be commenced, con‐ tinued, or enforced by or against the Commission without amendment to the proceedings; and 31 Schedule 1 Integrity Sport and Recreation Act 2023 2023 No 48 (2) (3) (4) (h) a matter or thing that could, but for this clause, have been completed by Drug Free Sport New Zealand may be completed by the Commission.
The transfer of information from Drug Free Sport New Zealand to the Com‐ mission under subclause (1) does not constitute an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.

For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994), Drug Free Sport New Zealand and the Commis‐ sion are treated as the same person.
The disestablishment of Drug Free Sport New Zealand does not, by itself, affect any of the following matters: (a) (b) (c) any decision made, or anything done or omitted to be done, by Drug Free Sport New Zealand in relation to the performance or exercise of its functions, powers, or duties under any enactment: any proceedings commenced by or against Drug Free Sport New Zea‐ land: any other matter or thing arising out of Drug Free Sport New Zealand’s performance or exercise, or purported performance or exercise, of its functions, powers, or duties under any legislation.
(5) Despite subclause (1)(e), the chief executive of Drug Free Sport New Zealand does not become an employee of the Commission under this schedule.

4 References to Drug Free Sport New Zealand On and from the commencement date, unless the context otherwise requires, every reference to Drug Free Sport New Zealand in any contract or other instrument, document, or notice must be read as a reference to the Commis‐ sion.
5 (1) (2) Transfer of employees from Drug Free Sport New Zealand to Commission This clause applies to a person who becomes an employee of the Commission under clause 3(1)(e) (a transferred employee).
The terms and conditions of employment of a transferred employee immedi‐ ately before the commencement date continue to apply in relation to that employee until— (a) (b) those terms and conditions are varied by agreement between the transfer‐ red employee and the Commission; or the transferred employee accepts a subsequent appointment with the Commission.
(3) For the purposes of every enactment, law, determination, contract, and agree‐ ment relating to the employment of a transferred employee,— (a) the employment agreement of that employee is to be treated as unbroken; and 32 2023 No 48 Integrity Sport and Recreation Act 2023 Schedule 1 (b) the employee’s period of service with Drug Free Sport New Zealand, and every other period of service of that employee that is recognised by Drug Free Sport New Zealand as continuous service, is to be treated as a period of service with the Commission.
(4) To avoid doubt, the employment of a transferred employee by the Commission does not constitute new employment for the purposes of the Holidays Act 2003 or the KiwiSaver Act 2006.
(5) A transferred employee is not entitled to receive any payment or benefit from Drug Free Sport New Zealand or the Commission on the grounds that the per‐ son’s position in Drug Free Sport New Zealand has ceased to exist or the per‐ son has ceased to be an employee of Drug Free Sport New Zealand as a result of the transfer to the Commission.

(6) This clause overrides Part 6A of the Employment Relations Act 2000.
6 (1) Restriction on compensation for technical redundancy for chief executive of Drug Free Sport New Zealand The person holding the position of chief executive of Drug Free Sport New Zealand is not entitled to receive any payment or other benefit on the grounds that— (a) (b) the position of chief executive of Drug Free Sport New Zealand has ceased to exist as a result of the disestablishment of Drug Free Sport New Zealand; and in connection with that disestablishment, the person holding the position of chief executive is offered and accepts other employment in the Com‐ mission.
(2) This clause overrides Part 6A of the Employment Relations Act 2000.
Tests, proceedings, matters, issues, or things before Drug Free Sport New Zealand 7 Tests, proceedings, matters, issues, or things before Drug Free Sport New Zealand Any test, proceeding, matter, issue, or thing before or with, or being considered or dealt with by, Drug Free Sport New Zealand before the commencement date must be dealt with by the Commission under the Sports Anti-Doping Act 2006, whether or not any action was taken in relation to the test, proceeding, matter, issue, or thing before the commencement date, as if this Act had not been enac‐ ted.
33 Schedule 1 Integrity Sport and Recreation Act 2023 2023 No 48 Pre-commencement consultation on integrity codes 8 Pre-commencement consultation on integrity codes Any consultation undertaken by any person, or group of persons, before the date on which this Act received the Royal assent or before the commencement date in relation to a proposed integrity code is valid and effective if, had it been done by the Commission after the commencement date, it would have been in accordance with section 20.
9 Anti-doping rules Anti-doping rules The anti-doping rules made by Drug Free Sport New Zealand under section 16 of the Sports Anti-Doping Act 2006 and in force immediately before the com‐ mencement date continue in force as if they were made under section 23 of this Act.
Investigations into actions and omissions before commencement date 10 Commission may investigate actions and omissions before commencement date The Commission may conduct an investigation under section 32 whether the actions or omissions that are the subject of the investigation occurred wholly or partly before or after the commencement date.
34 2023 No 48 Integrity Sport and Recreation Act 2023 Schedule 2 Schedule 2 Consequential amendments to other Acts s 71 Crown Entities Act 2004 (2004 No 115) In Schedule 1, Part 3, repeal the item relating to Drug Free Sport New Zealand.
In Schedule 1, Part 3, insert in its appropriate alphabetical order: Integrity Sport and Recreation Commission Human Rights Act 1993 (1993 No 82) Replace section 66(3) with: (3) The following is unlawful under this Act: (a) (b) a breach of section 22(1) of the Protected Disclosures (Protection of Whistleblowers) Act 2022: a breach of section 40(1) of the Integrity Sport and Recreation Act 2023 to which section 40(4) of that Act applies.
(4) The rest of this Act applies to a breach referred to in subsection (3) (so that, for example, section 68 of this Act applies to treat an employee’s actions or omis‐ sions as done or omitted by their employer).

Ombudsmen Act 1975 (1975 No 9) In Schedule 1, Part 2, repeal the item relating to Drug Free Sport New Zealand.
In Schedule 1, Part 2, insert in its appropriate alphabetical order: Integrity Sport and Recreation Commission Remuneration Authority Act 1977 (1977 No 110) In Schedule 4, repeal the item relating to the members of Drug Free Sport New Zea‐ land.
In Schedule 4, insert in its appropriate alphabetical order: The members of the board of the Integrity Sport and Recreation Commission 35 Integrity Sport and Recreation Act 2023 2023 No 48 28 March 2023 4 April 2023 4 August 2023 15 August 2023 23 August 2023 Legislative history Introduction (Bill 243–1) First reading and referral to Social Services and Community Committee Reported from Social Services and Community Committee (Bill 243–2) Second reading, committee of the whole House, third reading Royal assent This Act is administered by Sport New Zealand.
Wellington, New Zealand: Published under the authority of the New Zealand Government—2023 36