Callaghan Innovation Act 2012

1: Title
This Act is the Callaghan Innovation Act 2012.
2: Commencement
This Act comes into force on 1 February 2013.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: establish Callaghan Innovation and provide for its main objective, functions, and operating principles; and
b: provide for transitional and other matters.
4: Interpretation
In this Act, unless the context otherwise requires,— board Callaghan Innovation section 7 IRL MBIE Minister Ministry NZTE section 7 RS&T funding section 4 RS&T provider
a: Callaghan Innovation:
b: a Crown Research Institute within the meaning of the Crown Research Institutes Act 1992
c: any other research organisation or person (whether in New Zealand or overseas) undertaking any activity, or providing any service, that enables businesses to undertake, or benefit from, science and technology-based innovation and related activities shareholding Ministers section 10(1) technology platform
5: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails.
6: Act binds the Crown
This Act binds the Crown.
2: Callaghan Innovation
1: Establishment of Callaghan Innovation
Callaghan Innovation established
7: Callaghan Innovation established
This section establishes Callaghan Innovation.
8: Callaghan Innovation is Crown entity
1: Callaghan Innovation is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
9: Callaghan Innovation's board
The Minister must appoint at least 5, but not more than 9, persons as members of the board.
10: Special advisers
1: The Minister may appoint the chief executive of the Ministry as a special adviser to the board.
2: The function of the special adviser is to assist the board to align its strategies and activities with government policy.
3: The special adviser may attend any meeting of the board (or any committee of the board) but may not vote.
4: The board (or any committee of the board) must give the special adviser sufficient notice of its meetings and copies of all documents and materials to be considered at each meeting.
11: Stakeholder advisory group
1: The Minister may establish a stakeholder advisory group (an advisory group
2: The board must consider any advice it receives from the advisory group.
3: The members of the advisory group must be appointed by the Minister, on terms and conditions that the Minister determines, by written notice to each member.
4: When appointing members of the advisory group, the Minister must—
a: consult with the board and have regard to its views; and
b: ensure, as far as practicable, that—
i: the advisory group's membership is broadly representative of the manufacturing sector, services sector, and RS&T providers; and
ii: the members collectively have sufficient experience and knowledge of the manufacturing sector, of the services sector, and as RS&T providers to give appropriate advice to the board.
5: The Minister may, after consulting the board and having regard to its views, give terms of reference on the topics or subject areas on which the advisory group may advise the board.
6: The advisory group must comply with any terms of reference given by the Minister.
7: The advisory group may determine its own procedure.
12: Board must not delegate certain powers
1: The board must not delegate the power of Callaghan Innovation or the board to—
a: borrow or lend money:
b: acquire or dispose of real property:
c: acquire or dispose of securities:
d: set up a subsidiary:
e: appoint a chief executive of Callaghan Innovation.
2: In other respects, section 73 Callaghan Innovation's main objective, functions, and operating principles
13: Callaghan Innovation's main objective
Callaghan Innovation's main objective is to support science and technology-based innovation and its commercialisation by businesses, primarily in the manufacturing sector and services sector, in order to improve their growth and competitiveness.
14: Callaghan Innovation's functions
1: Callaghan Innovation's functions are to—
a: foster an environment that encourages and supports businesses to improve their growth and competitiveness through science and technology-based innovation and related activities:
b: promote and facilitate networking and collaboration among businesses and between RS&T providers and businesses to assist businesses to undertake, or benefit from, science and technology-based innovation and related activities:
c: facilitate the transfer of knowledge and technology between RS&T providers and businesses:
d: undertake research and development:
e: provide services to businesses that contribute to Callaghan Innovation's main objective:
f: allocate and administer RS&T funding:
g: invest in persons or projects that may assist businesses to undertake, or benefit from, science and technology-based innovation and related activities:
h: perform or exercise any other function or power imposed or conferred on Callaghan Innovation by any other enactment:
i: perform any additional function that the Minister directs under section 112
2: Examples of the ways in which Callaghan Innovation may perform the function specified in subsection (1)(b)
a: supporting the development of technology platforms:
b: encouraging the exchange of staff, students, or other individuals between RS&T providers and businesses:
c: assisting businesses to identify and access grants and other assistance programmes that are intended to support science and technology-based innovation and related activities.
3: Examples of the ways in which Callaghan Innovation may perform the function specified in subsection (1)(e)
a: undertaking research and development in collaboration with, or on behalf of, businesses or RS&T providers (or both):
b: assisting businesses to access (within New Zealand or overseas) relevant expertise, intellectual property, equipment, facilities, or anything else that may assist those businesses to undertake, or benefit from, science and technology-based innovation and related activities:
c: providing information to businesses about potential new technologies or scientific discoveries and assisting businesses to use them, develop them, or exploit them commercially:
d: providing training and advice to assist businesses to undertake science and technology-based innovation and related activities (including how to access and manage technology or intellectual property):
e: providing product analysis, process testing, calibration and certification, or other related measurement services.
15: Operating principles
1: In meeting its main objective, and performing its functions, Callaghan Innovation must—
a: aim to ensure that any activities it undertakes are for the benefit of New Zealand; and
b: proactively engage and collaborate with businesses, other RS&T providers, and other persons that Callaghan Innovation considers relevant to the performance of its functions; and
c: maintain an awareness of international trends and advances in science and technology; and
d: ensure that any activities it undertakes or services it provides are undertaken or provided in an efficient and cost-effective manner that—
i: has regard to businesses' commercial imperatives and time frames; and
ii: utilises existing capability within or among RS&T providers.
2: In addition, in performing the function specified in section 14(1)(f)
a: act fairly and transparently; and
b: implement systems and procedures to enable it to give effect to the principle set out in paragraph (a)
c: make information about those systems and procedures available on its Internet site; and
d: include in its annual report under section 150
3: The Auditor-General must, when carrying out a financial report audit of Callaghan Innovation under section 15 subsection (2)
2: Transition to Callaghan Innovation and other matters
Transfer of IRL
16: IRL to be subsidiary of Callaghan Innovation
1: On the commencement of this Act, IRL—
a: ceases to be a Crown Research Institute and, accordingly, the Crown Research Institutes Act 1992
b: is deemed to be a subsidiary of Callaghan Innovation.
2: On the commencement of this Act, the shareholding Ministers must transfer their shares in IRL to Callaghan Innovation. Transfer of employees
17: Transfer of MBIE and NZTE employees to Callaghan Innovation
1: The chief executive of MBIE must identify the employees of MBIE and the chief executive of NZTE must identify the employees of NZTE—
a: whose duties are, overall, more closely connected with the functions of Callaghan Innovation; and
b: whose positions will, as a result of the establishment of Callaghan Innovation, cease to exist within MBIE or NZTE (as the case may be).
2: An employee who is identified under subsection (1)
3: The employee is not entitled to receive any payment or other benefit on the ground that the position held by the employee in MBIE or NZTE (as the case may be) has ceased to exist if—
a: the position ceases to exist because the duties of the position are more closely connected with the functions of Callaghan Innovation; and
b: the employee is offered equivalent employment by Callaghan Innovation (whether or not the employee accepts the offer).
4: In this section and section 18 equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions that are no less favourable overall than those applying to the employee immediately before the date the offer of employment is made to that employee; and
d: on terms that treat the period of service with the relevant agency (and every other period of service recognised by that agency as continuous service) as if it were continuous service with Callaghan Innovation.
5: This section overrides any provision to the contrary in Part 6A
18: Transfer of employees of IRL subsidiary to Callaghan Innovation
An employee of IRL is not entitled to receive any payment or other benefit on the ground that the employee's position in IRL has ceased to exist if—
a: the position ceases to exist because the chief executive of Callaghan Innovation has determined that the employee's duties will no longer be carried out by IRL; and
b: the employee is—
i: offered equivalent employment by Callaghan Innovation (whether or not the employee accepts the offer); or
ii: offered and accepts other employment in Callaghan Innovation.
19: Terms and conditions of transferred employees
1: The employment of a transferred employee by Callaghan Innovation 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
2: In this section, transferred employee section 17 18
20: Government superannuation fund
1: Any person who, immediately before becoming an employee of Callaghan Innovation, was a contributor to the Government Superannuation Fund under Part 2 2A
2: The Government Superannuation Fund Act 1956
3: Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.
4: For the purpose of applying the Government Superannuation Fund Act 1956 Consequential amendments
21: Consequential amendments
Amend the enactments set out in the Schedule 2013-02-01 Crown Entities Act 2004 2013-02-01 Ombudsmen Act 1975 2013-02-01 National Standards Regulations 1976