New Zealand Trade and Enterprise Act 2003

1: Title
This Act is the New Zealand Trade and Enterprise Act 2003.
1: Preliminary provisions
2: Commencement
This Act comes into force on 1 July 2003.
3: Purpose
1: The purpose of this Act is to support the development of internationally competitive New Zealand business by establishing New Zealand Trade and Enterprise.
2: New Zealand Trade and Enterprise is the Crown entity responsible for facilitating (in co-operation with industry, central and local government, and relevant community groups) the development and implementation of strategies, programmes, and activities for trade, industry, and regional development as directed by the Government.
4: Overview
In this Act,—
a: this Part deals with preliminary matters, including the purpose of this Act, interpretation, and the application of this Act to the Crown:
b: Part 2 Schedules 1 to 3
i: provisions relating to the establishment of NZTE ( sections 7 to 13 sections 14 to 16 sections 17 18 section 19 sections 25 to 27 Schedules 1 to 3
ii: provisions regarding the Chief Executive of NZTE, employees, superannuation, and the liability of members, and employees ( sections 28 to 42
iii: provisions regarding dealings with third parties by NZTE ( sections 43 to 47 sections 48 to 53 sections 54 to 64 sections 65 to 72
c: Part 3 section 74 sections 75 to 82 Public Records Act 2005 section 83 section 84 Schedule 4 section 85 Section 4(c) amended 21 April 2005 section 67(1) Public Records Act 2005
5: Interpretation
In this Act, unless the context otherwise requires,— board enactment former agency
a: Industry New Zealand:
b: Trade New Zealand industry Industry New Zealand Minister NZTE
a: means New Zealand Trade and Enterprise established under section 7
b: subsidiary section 7 Trade New Zealand section 3 of the New Zealand Trade Development Board Act 1988 transferred employee
a: immediately before the commencement of this Act, is employed by a former agency; and
b: is transferred to NZTE under section 76 Section 5 borrow repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 chairperson repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 committee repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 deputy chairperson repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 equal employment opportunities programme repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 fees framework repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 good employer repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 member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 NZTE repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5 subsidiary substituted 25 January 2005 section 200 Crown Entities Act 2004
6: Act binds the Crown
This Act binds the Crown.
2: New Zealand Trade and Enterprise
Establishment of NZTE
7: Establishment
This section establishes New Zealand Trade and Enterprise.
8: Crown entity status
1: NZTE is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
3: Members of NZTE are the board for the purposes of the Crown Entities Act 2004 Section 8 substituted 25 January 2005 section 200 Crown Entities Act 2004
9: Functions
1: The functions of NZTE are to—
a: contribute to a supportive environment for sustainable economic development by—
i: fostering collaborative networks and partnerships between central government, local government, industry, trade unions, regions, education and research organisations, potential investors, and individual enterprises; and
ii: encouraging the development and delivery of economic development services by the private and non-government sector; and
iii: co-ordinating the delivery of government economic development assistance to industry, regions, and individual businesses:
b: provide a conduit for input and advice from industry, trade unions, local government, regions, education and research organisations, potential investors, and individual enterprises on programmes to implement the Government's policies for economic, industry, and regional development:
c: enhance industry and regional enterprise and entrepreneurial capabilities by—
i: providing information; and
ii: facilitating access to skills, expertise, and resources:
d: contribute to increased exports from, and investment in, New Zealand by—
i: strengthening global linkages through trade and investment promotion; and
ii: providing appropriate business and market development assistance:
e: carry out any additional function in relation to trade, industry, and regional development that is added by the Minister in accordance with section 112
f:
2:
3: Section 9(1)(e) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 9(1)(f) repealed 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
10: NZTE is body corporate
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Capacity and powers
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Compliance with government policy
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: Requirements for notices and Ministerial directions
Section 13 repealed 25 January 2005 section 200 Crown Entities Act 2004 Membership, role, and accountability of board
14: Membership of board
1: The board must have at least 3 members, but not more than 9 members.
2: Section 14(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Board's role
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Accountability of members to Minister
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004 Minister's role Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Minister's role
Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004
18: Minister responsible to House of Representatives
Section 18 repealed 25 January 2005 section 200 Crown Entities Act 2004 Special advisers
19: Special advisers
1: The Minister may appoint the persons referred to in subsection (2) as special advisers to assist the board in aligning its strategy and activities with government policy.
2: The persons area—
a: the Secretary of Foreign Affairs and Trade; and
b: the Chief Executive of the Ministry of Economic Development.
3: A special adviser is not a member, but may attend meetings of the board.
4: A special adviser may also attend meetings of any of the committees of the board, but is not to be regarded as a member of the committee.
5: For the purposes of subsection (3) or subsection (4), each special adviser must be given reasonable notice of the time and place of every meeting of the board or of its committees (as the case may be) and any written material or document that relates to matters to be considered at the meeting by,—
a: in the case of meetings of the board, the chairperson, the deputy chairperson, or the member or members calling the meeting; or
b: in the case of meetings of a committee, the member or members calling the meeting. Delegation by board
20: Persons to whom board may delegate functions, duties, and powers
Section 20 repealed 25 January 2005 section 200 Crown Entities Act 2004
21: Certain powers must not be delegated
1: The board must not delegate any of the following powers:
a: the power to acquire or dispose of real property:
b: the power to form and register a subsidiary:
c: the power to borrow money:
d: the power to appoint a chief executive.
2: In other respects, section 73 Section 21(2) added 25 January 2005 section 200 Crown Entities Act 2004
22: Effect of delegation
Section 22 repealed 25 January 2005 section 200 Crown Entities Act 2004
23: Presumption of acting in accordance with delegation
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004
24: Other matters relating to delegation
Section 24 repealed 25 January 2005 section 200 Crown Entities Act 2004 Committees Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Board may appoint committees
Section 25 repealed 25 January 2005 section 200 Crown Entities Act 2004
26: Membership of committee
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Committee to regulate own procedure
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004 Chief Executive of NZTE
28: Appointment of chief executive
1: The board must appoint a chief executive.
2: The chief executive must not be a member.
3: The chief executive is responsible to the board for the efficient and effective administration of the affairs of NZTE.
29: Terms and conditions of chief executive's employment
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Delegation of functions, duties, or powers by chief executive
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004 Employees of NZTE Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
31: Personnel policy
Section 31 repealed 25 January 2005 section 200 Crown Entities Act 2004
32: Equal employment opportunities programme
Section 32 repealed 25 January 2005 section 200 Crown Entities Act 2004 Superannuation
33: Establishment of superannuation schemes
Section 33 repealed 25 January 2005 section 200 Crown Entities Act 2004
34: Government Superannuation Fund
1: A person who, immediately before becoming an employee of NZTE, 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 NZTE 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
35: Employees not in service of the Crown
Section 35 repealed 25 January 2005 section 200 Crown Entities Act 2004 Corruption and bribery, and corrupt use of official information Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
36: Members and employees are officials
Section 36 repealed 25 January 2005 section 200 Crown Entities Act 2004 Protections from liability of members and employees Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
37: Protections for members and employees from liabilities of NZTE
Section 37 repealed 25 January 2005 section 200 Crown Entities Act 2004
38: Immunity of members and employees from civil liability to third parties
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Indemnity for members and employees for costs from civil and criminal proceedings
Section 39 repealed 25 January 2005 section 200 Crown Entities Act 2004
40: Insurance for members and employees
Section 40 repealed 25 January 2005 section 200 Crown Entities Act 2004
41: Breach of indemnity and insurance limits
Section 41 repealed 25 January 2005 section 200 Crown Entities Act 2004
42: Definitions for protections from liability
Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004 Dealings with third parties by NZTE Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
43: Execution of documents
Section 43 repealed 25 January 2005 section 200 Crown Entities Act 2004
44: Method of contracting
Section 44 repealed 25 January 2005 section 200 Crown Entities Act 2004
45: Attorneys
Section 45 repealed 25 January 2005 section 200 Crown Entities Act 2004
46: Dealings between NZTE and other persons
Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004
47: Presumption of authority to execute document
Section 47 repealed 25 January 2005 section 200 Crown Entities Act 2004 Financial provisions Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
48: Funds of NZTE
Section 48 repealed 25 January 2005 section 200 Crown Entities Act 2004
49: Bank accounts
Section 49 repealed 25 January 2005 section 200 Crown Entities Act 2004
50: Investment of money
Section 50 repealed 25 January 2005 section 200 Crown Entities Act 2004
51: NZTE not to borrow without consent of Minister of Finance
Section 51 repealed 25 January 2005 section 200 Crown Entities Act 2004
52: Auditor-General to be auditor of NZTE
Section 52 repealed 25 January 2005 section 200 Crown Entities Act 2004
53: NZTE deemed to be public authority
Section 53 repealed 25 January 2005 section 200 Crown Entities Act 2004 Planning—Statement of intent Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
54: Purpose of statement of intent
Section 54 repealed 25 January 2005 section 200 Crown Entities Act 2004
55: Obligation to prepare statement of intent
Section 55 repealed 25 January 2005 section 200 Crown Entities Act 2004
56: Form and content of statement of intent
Section 56 repealed 25 January 2005 section 200 Crown Entities Act 2004
57: Ministerial involvement in statements of intent
Section 57 repealed 25 January 2005 section 200 Crown Entities Act 2004
58: Process for providing statement of intent to Minister
Section 58 repealed 25 January 2005 section 200 Crown Entities Act 2004
59: Application and term of statement of intent
Section 59 repealed 25 January 2005 section 200 Crown Entities Act 2004
60: Amendments to statement of intent
Section 60 repealed 25 January 2005 section 200 Crown Entities Act 2004
61: Optional amendments by NZTE
Section 61 repealed 25 January 2005 section 200 Crown Entities Act 2004
62: Mandatory amendments
Section 62 repealed 25 January 2005 section 200 Crown Entities Act 2004
63: Amendments to statement of intent by Minister
Section 63 repealed 25 January 2005 section 200 Crown Entities Act 2004
64: Minister to present statement of intent and amendments to House of Representatives
Section 64 repealed 25 January 2005 section 200 Crown Entities Act 2004 Reporting—Annual report Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
65: Obligation to prepare annual report
Section 65 repealed 25 January 2005 section 200 Crown Entities Act 2004
66: Form and content of annual report
Section 66 repealed 25 January 2005 section 200 Crown Entities Act 2004
67: Form and content of statement of service performance
Section 67 repealed 25 January 2005 section 200 Crown Entities Act 2004
68: Form and content of annual financial statements
Section 68 repealed 25 January 2005 section 200 Crown Entities Act 2004
69: Statement of responsibility
Section 69 repealed 25 January 2005 section 200 Crown Entities Act 2004
70: Audit
Section 70 repealed 25 January 2005 section 200 Crown Entities Act 2004
71: Obligation to provide annual report to Minister
Section 71 repealed 25 January 2005 section 200 Crown Entities Act 2004
72: Minister to present annual report to House of Representatives
Section 72 repealed 25 January 2005 section 200 Crown Entities Act 2004 Review of NZTE's operations and performance Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
73: Review of NZTE's operations and performance
Section 73 repealed 25 January 2005 section 200 Crown Entities Act 2004
3: Miscellaneous provisions
Dissolution of former agencies
74: Former agencies dissolved
The former agencies are dissolved. Transitional provisions
75: Assets and liabilities vest in NZTE
All rights, assets, liabilities, and debts that a former agency had immediately before the commencement of this Act must be treated as the rights, assets, liabilities, and debts of NZTE on that commencement.
76: Transfer of employees
NZTE may, after consulting the employee concerned, transfer a person who is employed by a former agency immediately before the commencement of this Act to NZTE.
77: Terms and conditions of employment for transferred employee
1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before the date of the person's transfer to NZTE.
2: Subsection (1)—
a: continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee or his or her representative and NZTE; but
b: does not apply to a transferred employee who receives any subsequent employment with NZTE.
78: Continuity of employment
1: Every transferred employee becomes an employee of NZTE on the date of transfer.
2: However, for the purposes of every enactment, law, determination, contract, and agreement relating to the employment of the employee,—
a: the contract of employment of that employee must be treated as unbroken; and
b: the employee's period of service with a former agency, and every other period of service of that employee that is recognised by a former agency as continuous service, must be treated as a period of service with NZTE.
79: No compensation for technical redundancy
A transferred employee is not entitled to receive any payment or any other benefit solely on the ground that—
a: the position held by the person in a former agency has ceased to exist; or
b: the person has ceased (as a result of the transfer to NZTE) to be an employee of a former agency.
80: Final reports and accounts
1: As soon as practicable after the commencement of this Act, NZTE must arrange for the final report of each former agency to be delivered to the Minister.
2: The report must—
a: describe the former agency's operations for the period beginning on 1 July 2002 and ending with the close of 30 June 2003; and
b: include—
i: financial statements of that agency prepared, in accordance with Part 5
ii: an audit report prepared by the Auditor-General and a statement of responsibility relating to those financial statements.
3: The Minister must present a copy of every report under this section to the House of Representatives under section 44A
81: References to former agency
Unless the context otherwise requires, every reference to a former agency in any enactment, agreement, deed, instrument, application, notice, or in any other document in force immediately before the commencement of this Act must, on or after that commencement, be read as a reference to NZTE.
82: Proceedings of former agency
1: Any proceedings to which a former agency is a party before the commencement of this Act may be continued, completed, and enforced by or against NZTE.
2: This section is for the avoidance of doubt. Application of Public Records Act 2005 Heading substituted 21 April 2005 section 67(1) Public Records Act 2005
83: Public Records Act 2005 to apply
NZTE is a public office for the purposes of the Public Records Act 2005 Section 83 substituted 21 April 2005 section 67(1) Public Records Act 2005 Consequential amendments
84: Consequential amendments
The Acts specified in Schedule 4 Repeals
85: Repeals
The New Zealand Trade Development Board Act 1988 (1988 No 160) and the Industry New Zealand Act 2000 (2000 No 27) are repealed.