Sport and Recreation New Zealand Act 2002

1: Title
This Act is the Sport and Recreation New Zealand Act 2002.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) Sport and Recreation New Zealand Act 2002 brought into force 1 January 2003 clause 2 Sport and Recreation New Zealand Act Commencement Order 2002 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary
3: Purpose
The purpose of this Act is to promote, encourage, and support physical recreation and sport in New Zealand by establishing an agency called Sport and Recreation New Zealand.
4: Overview
In this Act,—
a: this Part deals with preliminary matters, including interpretation and the application of the Act to the Crown:
b: Part 2 Schedules 1 to 3
i: key provisions about the Agency ( sections 7 to 12
ii: provisions relating to the board, the nominations advisory group, and committees of the board ( sections 13 to 30 Schedules 1 to 3
iii: provisions regarding the chief executive of the Agency, employees, and the appointment of experts ( sections 31 to 41
iv: provisions regarding the execution of documents ( sections 42 43 sections 44 to 52
c: Part 3 sections 53 to 61 section 62 Schedule 4 Sport, Fitness, and Leisure Act 1987 section 63
5: Interpretation
In this Act, unless the context otherwise requires,— Agency section 7(1) board chief executive Hillary Commission section 3 Inland Revenue Acts section 52(3) Minister New Zealand health strategy section 4 previous employer section 57(3) transferred employee
a: immediately before the commencement of this Act, is employed by—
i: the Ministry of Economic Development in the Office of Tourism and Sport; or
ii: the Hillary Commission; and
b: is transferred to the Agency under section 55 trust section 52(3) Section 5 chairperson repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 committee repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 deputy chairperson repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 equal employment opportunities programme repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 good employer repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 member repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 New Zealand health strategy replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
6: Act binds the Crown
This Act binds the Crown.
2: Sport and Recreation New Zealand
Key provisions about Agency
7: Agency established
1: An agency called Sport and Recreation New Zealand is established.
2: The Agency is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 7(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 7(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
8: Functions
The functions of the Agency are to—
a: develop and implement national policies and strategies for physical recreation and sport:
b: allocate funds to organisations and regional bodies in line with its policies and strategies:
c: promote and advocate the importance of participation in physical activity by all New Zealanders for their health and well-being:
d: promote and disseminate research relevant to physical recreation and sport:
e: provide advice to the Minister on issues relating to physical recreation and sport:
f: promote and support the development and implementation of physical recreation and sport in a way that is culturally appropriate to Māori:
g: encourage participation in physical recreation and sport by Pacific peoples, women, older New Zealanders, and people with disabilities:
h: recognise the role of physical recreation and sport in the rehabilitation of people with disabilities:
i: facilitate the resolution of disputes between persons or organisations involved in physical recreation and sport:
j: work with schools, regional, central, and local government, and physical recreation and sports organisations to ensure the maintenance and development of the physical and organisational infrastructure for physical recreation and sport:
k: work with health, education, and other agencies to promote greater participation in physical recreation and sport through policy development, advocacy, and support, in line with the objectives of the New Zealand health strategy:
l: provide advice and support for organisations working in physical recreation and sport at national, regional, and local levels:
m: facilitate co-ordination between national, regional, and local physical recreation and sport organisations:
n: represent the Government’s policy interests in physical recreation and sport internationally.
9: Powers
Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004
10: Restriction on directions
The Minister may not give a direction to the Agency under section 103 Section 10 substituted 25 January 2005 section 200 Crown Entities Act 2004
11: Minister to publish notices and Ministerial directions
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Protection of name
1: No body may be incorporated or registered, under any enactment or in any other manner,—
a: under the name Sport and Recreation New Zealand
b: under any other name that so resembles the name of the Agency as to be likely to mislead any person.
2: No person other than the Agency may, either alone or with any other person or persons,—
a: trade or carry on business under the name Sport and Recreation New Zealand
b: trade or carry on business under any other name, knowing that the name so resembles the name of the Agency as to be likely to mislead any person.
3: Every person who contravenes subsection (2) commits an offence and is liable on
4: It is a defence in any prosecution for an offence against subsection (3) if the defendant proves that, either alone or with any other person or persons, the defendant has carried on business continuously under the name to which the prosecution relates from any date before the commencement of this Act. Section 12(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Key provisions about board
13: Membership of board
1: The board must consist of at least 5, but not more than 9, members
2:
3: Section 13(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 13(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(3) repealed 25 January 2005 section 200 Crown Entities Act 2004
14: Appointed members of Hillary Commission deemed to be members of board
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Chairperson and deputy chairperson
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Board’s management duty
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Board’s powers
Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004 Nominations advisory group Heading repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
18: Nominations advisory group
Section 18 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
19: Functions of nominations advisory group
Section 19 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
20: Nominations advisory group’s recommendations and advice
Section 20 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
21: Membership of nominations advisory group
Section 21 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
22: Nominations advisory group to regulate own procedure
Section 22 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 Delegation by board
23: Delegation of functions, duties, and powers by board
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004
24: Certain powers must not be delegated
1: The board must not delegate any of the following powers:
a:
b: the power to acquire and dispose of real property:
c:
d: the power to borrow money:
e: the power to act as a trustee or co-trustee of a fund, except to a committee appointed under clause 14
f: the power to appoint a chief executive.
2: In other respects, section 73 Section 24(1)﻿(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 24(1)﻿(c) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 24(1)﻿(e) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 24(2) added 25 January 2005 section 200 Crown Entities Act 2004
25: Effect of delegation
Section 25 repealed 25 January 2005 section 200 Crown Entities Act 2004
26: Presumption of acting in accordance with delegation
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Other matters relating to delegation
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004 Committees Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Board may appoint committee
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Membership of committee
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Committee to regulate own procedure
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004 Chief executive of Agency
31: Appointment of chief executive
1: The board must appoint a chief executive.
2: The chief executive must not be a member of the board Section 31(2) amended 25 January 2005 section 200 Crown Entities Act 2004
32: Good employer
In addition to the matters in section 118(2) Section 32 substituted 25 January 2005 section 200 Crown Entities Act 2004
33: Delegation of functions, duties, or powers by chief executive
Section 33 repealed 25 January 2005 section 200 Crown Entities Act 2004 Employees and employment of experts Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
34: Employees
Section 34 repealed 25 January 2005 section 200 Crown Entities Act 2004
35: Appointment of experts
Section 35 repealed 25 January 2005 section 200 Crown Entities Act 2004
36: Personnel policy
Section 36 repealed 25 January 2005 section 200 Crown Entities Act 2004
37: Equal employment opportunities programme
Section 37 repealed 25 January 2005 section 200 Crown Entities Act 2004 Superannuation
38: Establishment of superannuation schemes
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Government Superannuation Fund
1: A person who, immediately before becoming an employee of the Agency, was a contributor to the Government Superannuation Fund under Part 2 Part 2A
2: The Government Superannuation Fund Act 1956
3: A person employed by the Agency who ceases to be a contributor to the Government Superannuation Fund is not subsequently entitled to become a contributor.
4: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority
40: Employees not in service of the Crown
Section 40 repealed 25 January 2005 section 200 Crown Entities Act 2004 Liability of members, committee members, and employees Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
41: Liability of members, committee members, and employees
Section 41 repealed 25 January 2005 section 200 Crown Entities Act 2004 Execution of documents Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
42: Execution of documents
Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004
43: Presumption of authority to execute document
Section 43 repealed 25 January 2005 section 200 Crown Entities Act 2004 Financial provisions
44: Funds of Agency
Section 44 repealed 25 January 2005 section 200 Crown Entities Act 2004
45: Gifts
1: Any person who is not expressly prohibited from doing so by any enactment or by the terms of any trust or endowment may give to the Agency any real property, money, or other personal property.
2: Section 45(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
46: Bank accounts
Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004
47: Investment of money
Section 47 repealed 25 January 2005 section 200 Crown Entities Act 2004
48: Loans and endowments
1: In the exercise of its powers, the Agency may—
a: make advances, with or without security, at rates of interest or free of interest, as determined by it; and
b:
c: establish endowments or create trusts, on terms and conditions and for objects within the purposes of this Act, that the Agency thinks fit; and
d: appoint trustees in respect of those endowments and trusts.
2: Trustees appointed in respect of a trust established under subsection (1) must keep accounts in any manner directed by the Agency and approved by the Auditor-General.
3: The Agency may guarantee, with or without security, advances made by any person to any other person in the circumstances in sections 160 163 Section 48(1)﻿(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 48(3) added 25 January 2005 section 200 Crown Entities Act 2004
49: Agency not to borrow money without consent of Minister of Finance
Section 49 repealed 25 January 2005 section 200 Crown Entities Act 2004
50: Auditor-General to be auditor of Agency
Section 50 repealed 25 January 2005 section 200 Crown Entities Act 2004
51: Annual report
Section 51 repealed 25 January 2005 section 200 Crown Entities Act 2004
52: Agency and trust exempt from tax
1:
2: The trust is to be treated as having the same tax status as the Agency if—
a: all of the trustees of the trust are appointed by the Agency; and
b: none of the purposes of the trust is amended without the prior written consent of the Agency.
3: In this section,— trust Section 52(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 52(3) Inland Revenue Acts repealed 25 January 2005 section 200 Crown Entities Act 2004
3: Consequential amendments and repeal
Part 3 heading replaced 3 June 2017 section 4(2) Statutes Repeal Act 2017 Dissolution of Hillary Commission Heading repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
53: Hillary Commission dissolved
Section 53 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
54: Assets and liabilities vest in Agency
Section 54 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
55: Transfer of employees
Section 55 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
56: Terms and conditions of employment of transferred employees
Section 56 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
57: Continuity of employment
Section 57 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
58: Restriction of compensation for technical redundancy
Section 58 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
59: Final report and accounts
Section 59 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
60: References to Hillary Commission
Section 60 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
61: Proceedings of Hillary Commission
Section 61 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 Consequential amendments
62: Consequential amendments
The Acts specified in Schedule 4 Repeal
63: Repeal of Sport, Fitness, and Leisure Act 1987
The Sport, Fitness, and Leisure Act 1987