Research, Science, and Technology Act 2010

1: Title
This Act is the Research, Science, and Technology Act 2010.
2: Commencement
This Act comes into force on 1 February 2011.
3: Purpose
The purpose of this Act
a: to establish boards to make independent funding decisions in respect of the allocation of specified expenses appropriated for the purposes of research, science, or technology, or related activities:
b: to repeal the Foundation for Research, Science, and Technology Act 1990
c: to provide for the transfer of employees, assets, and liabilities from the Foundation for Research, Science, and Technology to a new department of State:
d: to provide for the transfer of employees from the former department to a new department of State:
e: to provide for savings in relation to contracts with the Foundation for Research, Science, and Technology, consequential amendments, and other savings and transitional matters.
4: Interpretation
In this Act board section 10(1) chief executive employee section 5 former department Foundation section 4 member
a: in relation to a board, means a member of that board; and
b: for the purposes of section 12 Minister this Act Ministry this Act outputs section 2(1) RS&T funding specified RS&T funding section 5 State services section 5 Section 4 employee amended 7 August 2020 section 135 Public Service Act 2020 Section 4 State services amended 7 August 2020 section 135 Public Service Act 2020
5: Meaning of specified RS&T funding
1: 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)
i: between eligible proposals, as to which should receive an allocation; and
ii: 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.
2: For the purpose of subsection (1)﻿(b), the Minister must, by notice published in the Gazette
6: Act binds the Crown
This Act Allocation of funding
7: Purposes for which specified RS&T funding may be allocated
1: Specified RS&T funding may be allocated for research, science, or technology, or related activities, for the benefit of New Zealand.
2: 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
b: is likely to contribute to New Zealand’s economic growth; or
c: is likely to develop, maintain, or increase skills or scientific or technological expertise that is of particular importance to New Zealand; or
d: is unlikely to be funded, or adequately funded, from non-governmental sources; or
e: facilitates research, science, or technology, or related activities; or
f: promotes or facilitates the application of research, science, or technology, or related activities.
8: Minister to set, and boards to adhere to, criteria
1: The Minister must from time to time, by notice given to each board and published in the Gazette
2: A board must carry out its functions under section 10(4)﻿(a)
3: Nothing in subsection (1) authorises the Minister to—
a: give a direction in respect of the production, by a particular person, of outputs relating to research, science, or technology, or related activities; or
b: direct a board to allocate funds to or for the benefit of a particular person.
9: Chief executive to refer proposals to boards
1: On any occasion when decisions on the allocation of specified RS&T funding are to be made, the chief executive must refer the proposals concerned to the appropriate board to make funding decisions in accordance with section 10(4)﻿(a)
2: A board may request that the chief executive provide the board with all information, or any specified information, that relates to the proposal.
3: If the Ministry holds the information requested, the chief executive must provide that information to the board.
4: In this section, information
a: independent advice received by the Ministry; and
b: confirmation as to whether or not the proposal has been independently considered.
10: Establishment, functions, and duties of boards
1: The Minister must—
a: establish, by notice published in the Gazette
b: appoint members of those boards; and
c: appoint a member of each board as the chairperson of that board.
2: Before establishing a board, the Minister must consult with any other Minister of the Crown whose area of responsibility, in the Minister's opinion, includes an interest in the allocation of specified RS&T funding.
3: The Minister may specify that a board is to make funding decisions 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
b: a notice given to the board for the purpose and published in the Gazette
4: The functions of a board established under subsection (1)﻿(a) are,—
a: in relation to the areas of research, science, or technology, or related activities (if any) specified under subsection (3), to make funding decisions on proposals for specified RS&T funding referred to it by the chief executive; and
b: with the prior approval of the Minister, to make decisions on proposals for allocation of RS&T funding that are referred to it—
i: by any other Minister of the Crown (a referring Minister
ii: by the administrative head (however called) of any of the State services (a referring chief executive
5: In performing its functions, a board must act,—
a: in relation to its functions under subsection (4)﻿(a), in accordance with—
i: the purposes in section 7
ii: section 8(2)
b: in relation to its functions under subsection (4)﻿(b), in accordance with criteria specified by the referring Minister or, as the case requires, the referring chief executive; and
c: on information presented to the board by the chief executive or, as the case requires, by the referring Minister or referring chief executive; and
d: in an independent, fair, and transparent manner.
6: 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.
7: The Ministry must supply all secretarial and administrative services required to enable a board to carry out its functions.
8: Schedule 1
11: Board may delegate functions
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)
a: the chief executive; or
b: 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 subsection (1),—
a: the chief executive is not responsible to the Minister for the performance or exercise of those functions but must act independently; and
b: the chief executive may delegate those functions to employees or holders of specified offices in the Ministry under clauses 2 3
3: A person to whom functions are delegated under subsection (1) or (2)﻿(b) must perform them in accordance with section 10(5)
4: No delegation under subsection (1) or (2)﻿(b) affects the responsibility 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 delegate and the level of funding involved, the delegation will result in a more efficient and effective decision-making process than if the board had made the decision; and
b: if necessary, conditions are imposed upon the delegation that will enable the board to verify that the delegate has complied with the requirements of section 10 Section 11(2)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Abolition of Foundation and transfer of assets, liabilities, and employees from Foundation, and employees from former department, to Ministry
12: Abolition of Foundation
1: On the commencement of this Act
2: Every member of the Foundation vacates office on the commencement of this Act
13: Foundation for Research, Science, and Technology Act 1990 repealed
The Foundation for Research, Science, and Technology Act 1990 2011-02-01 Foundation for Research, Science, and Technology Act 1990
14: Vesting of assets and liabilities of Foundation
1: On the commencement of this Act
a: all property belonging to the Foundation vests in the Crown as assets of the Ministry; and
b: all information held by the Foundation is held by the Ministry; and
c: all money payable to or by the Foundation becomes payable to or by the Ministry; and
d: all rights, liabilities, contracts, entitlements, and engagements of the Foundation become the rights, liabilities, contracts, entitlements, and engagements of the Crown acting through the Ministry; and
e: 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
f: proceedings commenced, continued, or enforced by or against the Foundation must instead be commenced, continued, or enforced by or against the Crown in respect of the Ministry without amendment to the proceedings; and
g: a matter or thing that would have, but for this section, been completed by the Foundation, must be completed by the Ministry.
2: 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:
b: any proceedings commenced by or against the Foundation:
c: any other matter or thing arising out of the Foundation’s performance, or purported performance, of the Foundation’s functions and duties, or the exercise, or purported exercise, of its powers under any enactment.
3: 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
b: is not to be treated as entitling a person to—
i: terminate, cancel, or modify a contract, agreement, or arrangement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; and
c: does not release any surety wholly or in part from all or any obligation; and
d: does not invalidate or discharge any contract or security.
15: Transfer of employees of Foundation to Ministry
1: Every person who was, immediately before the commencement of this Act this Act
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: Transfer of employees of former department to Ministry
1: Every person who was, immediately before the commencement of this Act this Act
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.
3: To avoid doubt, any collective agreement that was in force immediately before the commencement of this Act
a: any employee referred to in subsection (1) who was, immediately before the commencement of this Act
b: the chief executive.
17: Transferred employees
1: The terms and conditions of employment of a transferred employee immediately before the commencement of this Act
a: those terms and conditions are varied by agreement between the transferred employee and the Ministry; or
b: the transferred employee accepts a subsequent appointment with the Ministry.
2: For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of a transferred employee,—
a: the employment agreement of that employee is to be treated as unbroken; and
b: the employee’s period of service with the former department or the Foundation, and every other period of service 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.
3: 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
b: treat that employee as a new employee for the purposes of the Employment Relations Act 2000
4: In this section, transferred employee section 15 16
18: Consequential amendments
The enactments specified in Schedule 2 2011-02-01 Atomic Energy Act 1945 Building Research Levy Act 1969 Crown Entities Act 2004 Crown Research Institutes Act 1992 Education Act 1989 Finance Act (No 2) 1994 Heavy Engineering Research Levy Act 1978 Income Tax Act 2007 Land Transport Act 1998 Ombudsmen Act 1975 Public Bodies Contracts Act 1959 State Sector Act 1988