Foundation for Research, Science, and Technology Act 1990

1: Short Title and commencement
1: This Act may be cited as the Foundation for Research, Science, and Technology Act 1990.
2: This Act shall come into force on the day after the date on which it receives the Royal assent.
2: Interpretation
In this Act, unless the context otherwise requires,— Foundation section 4 Minister Ministerial scheme section 8A Ministry outputs public good science and technology
a: that is likely to increase knowledge or understanding of the physical, biological, or social environment; or
b: that is likely to develop, maintain, or increase skills or scientific or technological expertise that is of particular importance to New Zealand; or
c: that may be of benefit to New Zealand, but is unlikely to be funded, or adequately funded, from non-governmental sources: research
a: means—
i: scientific research:
ii: technological research; and
b: includes scientific development and technological development, and related services: science scientific Section 2 substituted 1 April 1993 section 2 Foundation for Research, Science, and Technology Amendment Act 1993
3: Act binds the Crown
This Act binds the Crown.
4: Foundation for Research, Science, and Technology
1: There is hereby established a foundation called the Foundation for Research, Science, and Technology.
2: The Foundation is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 4(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
5: Functions
1: The functions of the Foundation are—
a: to allocate funds for the production of outputs relating to public good science and technology:
b: to allocate funds pursuant to ministerial schemes:
c: to provide independent policy advice to the Minister on matters relating to research, science, and technology, including advice on national priorities for those matters.
2: The Foundation's advice on matters relating to national priorities for research, science, and technology shall be formulated after consultation between the Foundation and representatives of industry, researchers, Maori, and the community.
3: In order to ensure that the views of industry, researchers, Maori, and the community are able to be considered in the formulation of the Foundation's advice on other matters, the Foundation shall institute a programme of regular consultation with representatives of industry, researchers, Maori, and the community, but nothing in this subsection shall be taken to require such consultation before each and every occasion on which such advice is formulated.
4: The Foundation shall ensure that the advice that it provides to the Minister on national priorities for research, science, and technology is publicised by such means as appear to the Foundation to be necessary to ensure that the advice is readily available to researchers and the public as soon as practicable after the advice is provided to the Minister. Section 5 substituted 1 April 1993 section 3 Foundation for Research, Science, and Technology Amendment Act 1993
6: Powers of Foundation
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Foundation to adhere to Government priorities
1: The Minister shall from time to time, at intervals of not more than 3 years, advise the Foundation, by notice in writing, of the priorities that the Foundation shall adhere to in carrying out its functions under section 5(1)(a)
2: The Foundation shall carry out its functions under section 5(1)(a)
3: Nothing in subsection (1) of this section authorises the Minister to give a direction under that subsection in respect of the production, by a particular person, of outputs relating to public good science and technology.
4: This section applies in addition to sections 103 115 Section 7 substituted 1 April 1993 section 4(1) Foundation for Research, Science, and Technology Amendment Act 1993 Section 7(4) substituted 25 January 2005 section 200 Crown Entities Act 2004
8: Contracts in relation to use of funds
In carrying out its functions under section 5(1)(a)
a: ensure that the process for determining the allocation of funds for the production of outputs relating to public good science and technology is designed to ensure contestability in the allocation of those funds; and
b: ensure by the terms of contracts pursuant to which the Foundation funds the production of outputs relating to public good science and technology
c: adopt measures to ensure that those terms are complied with. Section 8 amended 1 April 1993 section 5 Foundation for Research, Science, and Technology Amendment Act 1993 Section 8(a) substituted 27 September 2001 section 3 Foundation For Research, Science, and Technology Amendment Act 2001
8A: Foundation to fund schemes at direction of Minister
1: Subject to subsections (3) and (4) of this section, the Minister may, from time to time, by notice in writing to the Foundation, direct the Foundation to allocate funds in accordance with such scheme as is specified in the notice, and the Foundation shall comply with the direction.
2: Any direction given by the Minister pursuant to subsection (1) of this section may be in like manner amended or revoked at any time.
3: The Minister may direct the Foundation to allocate funds in accordance with a ministerial scheme only if—
a: the scheme is intended to do any 1 or more of the following:
i: develop, or assist in the development of, skills relating to research, science, and technology, or any of them:
ii: facilitate research:
iii: promote or facilitate the application of the results of research:
iv: promote or facilitate the application of technological developments; and
b: the Minister is satisfied that the Foundation has, or will have, sufficient money available to it to fund the scheme.
4: Nothing in this section authorises the Minister to direct the Foundation to allocate funds to or for the benefit of a particular person.
5: Every direction direction
a: the nature of the scheme; and
b: the objectives of the scheme; and
c: an estimate of the amount of funds that will be required to be allocated by the Foundation for the purposes of the scheme; and
d: an estimate of the period for which the scheme will operate; and
e: the agency that is to monitor the scheme.
6: Sections 8A inserted 1 April 1993 section 6 Foundation for Research, Science, and Technology Amendment Act 1993 Sections 8A(3)(a) substituted 27 September 2001 section 4 Foundation For Research, Science, and Technology Amendment Act 2001 Sections 8A(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Sections 8A(6) repealed 25 January 2005 section 200 Crown Entities Act 2004
8B: Further provisions relating to ministerial schemes
1: The Foundation shall fund a ministerial scheme only out of—
a: money appropriated by Parliament for the purposes of the scheme:
b: any accumulation of income derived from money appropriated by Parliament for the purposes of the scheme.
2: The funding, by the Foundation, of a ministerial scheme shall take the form of the allocation of funds by the Foundation, and, subject to section 161
3: In particular, the Foundation shall not, in funding any ministerial scheme, require or permit the allocation, to or for the benefit of the Foundation, of any equity securities or debt securities (as those terms are defined in the Securities Act 1978
4: Where, pursuant to section 8A(1)
5: In funding a ministerial scheme, the Foundation shall, to the extent that, in the opinion of the Foundation, it is practicable to do so,—
a: ensure, by the terms of contracts pursuant to which funds are made available to persons pursuant to the scheme, that those persons are obliged—
i: to attain specified standards of performance in relation to the use of those funds; and
ii: to account for the use of the funds; and
b: adopt measures to ensure that those terms are complied with. Sections 8B inserted 1 April 1993 section 6 Foundation for Research, Science, and Technology Amendment Act 1993 Section 8B(2) amended 25 January 2005 section 200 Crown Entities Act 2004
8C: Provision of information
1: The Foundation must supply any information that the Minister requests to any person or class or classes of persons that the Minister specifies.
2: The Minister may request information to be supplied only if the supply of the information is necessary for the purposes of monitoring a ministerial scheme.
3: Subsection (1) does not limit section 133
4: No member of the Foundation, and no officer or employee of the Foundation, who acts in accordance with a request or direction under this section is liable to any person under any other enactment or rule of law by reason of acting in accordance with that request or direction. Section 8C substituted 25 January 2005 section 200 Crown Entities Act 2004
9: Membership of Foundation
1: The Foundation shall consist of not fewer than 5 nor more than 9 members
2:
3:
3A: Members of the Foundation are the board for the purposes of the Crown Entities Act 2004
4:
5: Section 9(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(3A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 9(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(5) repealed 25 January 2005 section 200 Crown Entities Act 2004
10: Co-opted members
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Disclosure of interests
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Review of operation of Act
1: As soon as practicable after the expiry of the period of 3 years beginning on the date of commencement of this Act, and then at intervals of not more than 5 years, the Foundation and the Ministry shall each—
a: review the operation of this Act since—
i: the date of its commencement (in the case of the first review carried out under this paragraph); or
ii: the date of the last review carried out under this paragraph by the Foundation (in the case of every subsequent review carried out by the Foundation); or
iii: the date of the last review carried out under this paragraph by the Ministry (in the case of every subsequent review carried out by the Ministry); and
b: consider—
i: whether the Foundation should be retained or abolished; and
ii: whether any amendments to this Act are necessary or desirable; and
c: report their findings to the Minister.
2: As soon as practicable after receiving a report from the Foundation or the Ministry under subsection (1)(c) of this section, the Minister shall lay a copy of that report before the House of Representatives.
13: Further provisions applying to Foundation
The provisions set out in Schedule 1
14: Consequential amendments and repeals
1: The enactments specified in Schedule 2
2: The following enactments are hereby consequentially repealed:
a: section 2 of the Carter Observatory Amendment Act 1977
b: section 18(4)