Crown Research Institutes Act 1992

1: Short Title and commencement
1: This Act may be cited as the Crown Research Institutes Act 1992.
2: Except as provided in sections 46(3) 47(3) 48(5) 49(3)
2: Interpretation
In this Act, unless the context otherwise requires,— board section 127 constitution section 29 Crown entity subsidiary the second column of section 7(1)﻿(c) Crown Research Institute section 11 financial statements
a: group financial statements within the meaning of section 7 Financial Reporting Act 2013
b: if the Crown Research Institute does not have any Crown entity subsidiaries, financial statements within the meaning of section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 multi-parent subsidiary section 10 parent Crown Research Institute section 8 research responsible Minister
a: in relation to a Crown Research Institute, the Minister of Finance and the other shareholding Minister or Ministers:
b: in relation to a Crown entity subsidiary of a Crown Research Institute, a responsible Minister of the parent Crown Research Institute science scientific shareholding Ministers section 10 statement of corporate intent section 16 Section 2 board substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 constitution inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Crown entity subsidiary inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Crown entity subsidiary amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 2 Crown Research Institute substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 financial statements inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 generally accepted accounting practice inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 multi-parent subsidiary inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 parent Crown Research Institute inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 parent Crown Research Institute amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 2 responsible Minister substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 rules repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2 shareholding Ministers substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 sitting day repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2 subsidiary repealed 25 January 2005 section 200 Crown Entities Act 2004
3: Act to bind the Crown
This Act binds the Crown.
1: Principles
4: Purpose of Crown Research Institutes
The purpose of every Crown Research Institute is to undertake research.
5: Principles of operation
1: Every Crown Research Institute shall, in fulfilling its purpose, operate in accordance with the following principles:
a: that research undertaken by a Crown Research Institute should be undertaken for the benefit of New Zealand:
b: that a Crown Research Institute should pursue excellence in all its activities:
c: that in carrying out its activities a Crown Research Institute should comply with any applicable ethical standards:
d: that a Crown Research Institute should promote and facilitate the application of—
i: the results of research; and
ii: technological developments:
e: that a Crown Research Institute should be a good employer as required by section 118
f: that a Crown Research Institute should be an organisation that exhibits a sense of social responsibility by having regard to the interests of the community in which it operates and by endeavouring to accommodate or encourage those interests when able to do so.
2: Every Crown Research Institute shall, in fulfilling its purpose, operate in a financially responsible manner so that it maintains its financial viability.
3: For the purposes of subsection (2), a Crown Research Institute is financially viable if—
a: regardless of whether or not it is required to pay dividends to the Crown, the activities of the Crown Research Institute generate, on the basis of generally accepted accounting principles, an adequate rate of return on shareholders' funds; and
b: the Crown Research Institute is operating as a successful going concern.
4: 1986 No 124 s 4 Section 5(1)﻿(e) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
6: Ministers and their role
1: The shareholding Ministers have the role in section 88
1A: Section 88(1)﻿(d) Part 4 Part 3
2: The shareholding Ministers shall exercise or perform the powers, duties, and functions conferred or imposed on them with respect to a Crown Research Institute in a manner that is consistent with the purpose of a Crown Research Institute (as expressed in section 4 section 5 Section 6(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004
7: Directors and their role
1: The shareholding Ministers must appoint the directors of a Crown Research Institute in accordance with section 89
1A: The shareholding Ministers must appoint one of the directors of the Crown Research Institute to be chairperson of the board, in accordance with the criteria (if any) in the constitution of the Crown Research Institute.
1B: Subsection (1A) applies despite anything in any other enactment.
2: The directors of a Crown Research Institute shall be persons who, in the opinion of the shareholding Ministers, will bring (either individually or collectively) a wide range of skills to the board of the Crown Research Institute, including—
a: the skills necessary to ensure the sound management of the Crown Research Institute, both financially and generally:
b: knowledge of, or experience in, the carrying out of, or the management of, research:
c: knowledge of, or experience in, the application, by the productive sector, of research and technology:
d: an understanding of, and the skills necessary to promote, the actual and potential linkages between the activities of the Crown Research Institute and the activities of—
i: the private sector; and
ii: other persons or bodies that are able, or may be able, to utilise the research undertaken by the Crown Research Institute or collaborate with the Crown Research Institute in that research.
3: No director of a Crown Research Institute shall be appointed to represent, or promote the views of, a particular interest group.
4: The board of a Crown Research Institute shall be accountable to the shareholding Ministers in the manner set out in Part 3 constitution
4A: Subsection (4) does not limit any provisions of the Crown Entities Act 2004
5: The directors of a Crown Research Institute shall exercise or perform the powers, duties, and functions conferred or imposed on them with respect to the Crown Research Institute in a manner that is consistent with the purpose of a Crown Research Institute (as expressed in section 4 section 5 , and in accordance with the Crown Research Institute's statement of corporate intent
6: In exercising or performing the powers, duties, and functions conferred or imposed on them with respect to the Crown Research Institute, the directors of a Crown Research Institute must have regard to any direction given under section 107
7: Sections 110 114(1)﻿(b) Section 7(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 7(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 7(1B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 7(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(4A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 7(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(6) added 25 January 2005 section 200 Crown Entities Act 2004 Section 7(7) added 25 January 2005 section 200 Crown Entities Act 2004
8: Appointment of chief executives
Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Collective agreements
A Crown Research Institute must comply with any Order in Council made under section 116 Section 9 substituted 25 January 2005 section 200 Crown Entities Act 2004
10: Treaty of Waitangi
In relation to the transfer, pursuant to this Act, of any land, or any interest in any land, to a Crown Research Institute or a Crown entity Treaty of Waitangi (Te Tiriti o Waitangi) Section 10 amended 25 January 2005 section 200 Crown Entities Act 2004
2: Formation and ownership of Crown Research Institutes
10A: Application of Crown Entities Act 2004 to Crown Research Institutes
1: A Crown Research Institute is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
3: The following sections of the Crown Entities Act 2004
a: section 87
b: sections 92 to 95
c: section 97
d: section 100
e: section 107 section 7(6)
f: sections 138 to 157 Section 10A inserted 25 January 2005 section 200 Crown Entities Act 2004
11: Establishment of Crown Research Institutes
1: A Crown entity company may be formed under section 79
2: The constitution of a Crown Research Institute must state that the company is a Crown Research Institute for the purposes of this Act.
3: Subsection (2) applies in addition to section 81
4: The Companies Act 1993 section 85 Section 11 substituted 25 January 2005 section 200 Crown Entities Act 2004
12: Provisions relating to Crown entity subsidiaries of Crown Research Institutes
1: A Crown Research Institute or a Crown entity subsidiary of a Crown Research Institute may form or acquire shares in a Crown entity subsidiary from time to time in accordance with section 96
2: Each Crown entity subsidiary of a Crown Research Institute is a Crown entity for the purposes of the Crown Entities Act 2004
3: The Crown Entities Act 2004
4: Sections 97 100 138 to 157A
5: The Companies Act 1993 section 102 Section 12 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 12(4) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013
13: Acquisition of shares or interests in companies, trusts, and partnerships
1: A Crown Research Institute or a Crown entity subsidiary of a Crown Research Institute must ensure that it does not—
a: acquire shares in a company that gives it substantial influence in or over that company; or
b: acquire an interest in any partnership, joint venture, or other association of persons, or an interest in a company other than in its shares; or
c: settle, or be or appoint a trustee of, a trust,— other than—
d: after written notice to its parent Crown Research Institute (in the case of a Crown entity subsidiary of a Crown Research Institute) or to the shareholding Ministers (in the case of a Crown Research Institute); and
e: in accordance with the procedures and conditions contained in its statement of corporate intent or specified by the shareholding Ministers.
2: Substantial influence
3: This section does not apply if the Crown Research Institute or Crown entity subsidiary of a Crown Research Institute acquires a Crown entity subsidiary (in which case section 96 Section 13 substituted 25 January 2005 section 200 Crown Entities Act 2004
14: Further provisions relating to Ministers' shareholding
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Powers of shareholding Ministers
1: Notwithstanding any other provision of this Act or the constitution
a: the shareholding Ministers may from time to time, by written notice to the board, direct the board of a Crown Research Institute to include in, or omit from, a statement of corporate intent for that Crown Research Institute any provision or provisions of a kind referred to in paragraphs (a) to (h) of section 16(2)
b: the shareholding Ministers may, by written notice to the board, determine the amount of dividend payable by any Crown Research Institute in respect of any financial year or years; and
c: the shareholding Ministers may from time to time, on the advice of the Minister of External Relations and Trade, by written notice to the board, direct the board of a Crown Research Institute to include in the statement of corporate intent for that Crown Research Institute such provision as the Minister considers necessary—
i: to enable the fulfilment (in whole or in part) of any obligation or undertaking arising from any international convention or international agreement or international arrangement to which the Government of New Zealand, or any department, agency, or other instrument of the Government of New Zealand, is a party; or
ii: to implement (in whole or in part) any policy of the Government of New Zealand in respect of the Government's international relations,— and any board to whom such a notice is given shall comply with the notice.
2: Section 115
3: 1986 No 124 s 13 Section 15(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 15(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 15(3) repealed 25 January 2005 section 200 Crown Entities Act 2004
3: Accountability
16: Statement of corporate intent
1: The board of every Crown Research Institute shall deliver to the shareholding Ministers a draft statement of corporate intent not later than 1 month before the commencement of each financial year of the Crown Research Institute.
2: Each statement of corporate intent shall specify for the group comprising the Crown Research Institute and its Crown entity
aa: key background information about the Crown Research Institute and its operating environment:
a: the objectives of the group:
b: the nature and scope of the activities to be undertaken:
c: the ratio of consolidated shareholders' funds to total assets, and definitions of those terms:
d: the accounting policies:
e: the performance targets and other measures by which the performance of the group may be judged in relation to its objectives:
f: a statement of the principles adopted in determining the annual dividend (if any) together with an estimate of the amount or proportion of annual tax paid earnings (from both capital and revenue sources) that is intended to be distributed to the Crown:
g: the kind of information to be provided to the shareholding Ministers by the Crown Research Institute during the course of those financial years, including the information to be included in each half-yearly report:
h: the procedures to be followed before any member of the group subscribes for, purchases, or otherwise acquires shares in any company or other organisation:
i: any activities for which the board seeks compensation from the Crown (whether or not the Crown has agreed to provide such compensation):
j: such other matters as are agreed by the shareholding Ministers and the board.
3: Each statement of corporate intent shall also include the board's estimate of the current commercial value of the Crown's investment in the group and a statement of the manner in which that value was reassessed.
3A: The shareholding Ministers may, if the Ministers are satisfied that it would be unduly onerous on a parent Crown Research Institute to comply with the requirement, grant an exemption from the requirement for a statement of corporate intent to cover a multi-parent subsidiary, or contain any particular information in relation to a multi-parent subsidiary.
3B: An exemption under subsection (3A) may be subject to any conditions the shareholding Ministers think fit (for example, the condition may be that the statement of corporate intent of only one of the parents must cover the multi-parent subsidiary).
4: The board shall consider any comments on the draft statement of corporate intent that are made to it not later than 14 days before the commencement of the financial year by the shareholding Ministers, and shall deliver the completed statement of corporate intent to the shareholding Ministers on or before the commencement of the financial year or such later date as the shareholding Ministers may determine.
5: A statement of corporate intent for a Crown Research Institute may be modified at any time by written notice from the board to the shareholding Ministers, so long as the board has first given written notice to the shareholding Ministers of the proposed modification and considered any comments made on that proposed modification by the shareholding Ministers within 1 month of the date on which that notice was given.
6: Each completed statement of corporate intent under subsection (4) or amended statement of corporate intent under subsection (5) must—
a: be in writing, be dated, and be signed on behalf of the board by 2 directors:
b: be published as soon as practicable after it has been presented to the House of Representatives under section 19 1986 No 124 s 14 1992 No 27 s 3 Section 16(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 16(2)﻿(aa) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 16(3A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 16(3B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 16(6) added 25 January 2005 section 200 Crown Entities Act 2004
17: Annual report,
financial statements
1: Within 3 months after the end of each financial year of a Crown Research Institute, the board of the Crown Research Institute shall deliver to the shareholding Ministers—
a: a report of the operations of the Crown Research Institute and those of its Crown entity
b: audited financial statements for that financial year prepared in accordance with generally accepted accounting practice; and
c: the auditor's report on those financial statements ; and
d: a statement of responsibility for the financial statements that, with any necessary modifications, complies with section 155
2: Every report under subsection (1)﻿(a) shall—
a: contain such information as is necessary to enable an informed assessment of the operations of the Crown Research Institute and its Crown entity Crown entity
b: state the dividend (if any) that could be paid to the Crown by the Crown Research Institute for the financial year to which the report relates ; and
c: report on the extent of the Crown Research Institute's and each of its Crown entity subsidiaries' compliance with their obligation to be a good employer under section 118
d: contain any direction given by the Minister in writing to the board of the Crown Research Institute under this Act during that financial year; and
e: include, in respect of the Crown Research Institute and each of its Crown entity subsidiaries, the information in section 152
3: The shareholding Ministers may, if the Ministers are satisfied that it would be unduly onerous on a parent Crown Research Institute to comply with the requirement, grant an exemption from the requirement for a report under subsection (1)﻿(a) to cover a multi-parent subsidiary, or contain any particular information in relation to a multi-parent subsidiary.
4: An exemption under subsection (3) may be subject to any conditions the shareholding Ministers think fit (for example, the condition may be that the annual report of one of the parents must cover the multi-parent subsidiary).
5: Each Crown Research Institute must publish the documents required by subsection (1) as soon as practicable after it has been presented to the House of Representatives under section 19 1986 No 124 s 15 Section 17 heading amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 17(1)﻿(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 17(1)﻿(b) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 17(1)﻿(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 17(1)﻿(d) added 25 January 2005 section 200 Crown Entities Act 2004 Section 17(2)﻿(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 17(2)﻿(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 17(2)﻿(c) added 25 January 2005 section 200 Crown Entities Act 2004 Section 17(2)﻿(d) added 25 January 2005 section 200 Crown Entities Act 2004 Section 17(2)﻿(e) added 25 January 2005 section 200 Crown Entities Act 2004 Section 17(3) added 25 January 2005 section 200 Crown Entities Act 2004 Section 17(4) added 25 January 2005 section 200 Crown Entities Act 2004 Section 17(5) added 25 January 2005 section 200 Crown Entities Act 2004
17A: Extension of time limit for 2019/20 financial year reports and audits: COVID-19
2020-12-01 Crown Research Institutes Act 1992 Section 17A is repealed on 1 December 2020 Section 17A repealed 1 December 2020
18: Half-yearly reports
1: Within 2 months after the end of the first half of each financial year of a Crown Research Institute, the board of the Crown Research Institute shall deliver to the shareholding Ministers a report of its operations during that half-year.
2: Each report required by this section shall include the information required by the statement of corporate intent to be included in the report. 1986 No 124 s 16
19: Information to be laid before House of Representatives
1:
2: Within 5 working days
a: the statement of corporate intent of the Crown Research Institute for that year and the succeeding 2 years; and
b: the annual report , audited financial statements, and the statement of responsibility for the financial statements
c: the auditor's report on those financial statements.
3: Where a statement of corporate intent for a Crown Research Institute has been modified pursuant to section 16(5) 5 working days
4: Within 5 working days section 18 1986 No 124 s 17 Section 19(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 19(2)﻿(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 19(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 19(4) amended 25 January 2005 section 200 Crown Entities Act 2004
20: Other information
1: Subject to subsection (3), the board of a Crown Research Institute shall supply to the shareholding Ministers or to such other person or class or classes of persons as either of those Ministers specifies such information relating to the affairs of the Crown Research Institute, or any of its Crown entity
2: A shareholding Minister may request information to be supplied whether or not the supply of the information is required for the purposes of, or is contemplated by, this Act.
3: The board of a Crown Research Institute shall not be obliged by subsection (1) to supply to any person any information relating to an individual employee or customer of the Crown Research Institute, or of any Crown entity
4:
4A: Subsections (1) to (4) apply in addition to section 133(1)
5: Notwithstanding any other enactment or rule of law, the board of a Crown Research Institute may direct an officer or employee of the Crown Research Institute to comply with a request under subsection (1), and the officer or employee shall comply with the request on being directed to do so.
6: No member of a board of a Crown Research Institute and no officer or employee of a Crown Research Institute 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. 1986 No 124 s 18 1990 No 23 s 2(1) Section 20(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20(4) repealed 1 February 2011 section 18 Research, Science, and Technology Act 2010 Section 20(4A) inserted 25 January 2005 section 200 Crown Entities Act 2004
21: Auditor-General to be auditor of Crown Research Institutes and subsidiaries
1: Despite sections 207P to 207V Crown entity section 4
2: Without limiting subsection (1), the board of a Crown Research Institute may, after consultation with the Auditor-General and with the approval of the Minister, appoint a person or firm that is qualified for appointment as an auditor of a company to be an additional auditor of the Crown Research Institute or any Crown entity Section 21 substituted 1 July 2001 section 53 Public Audit Act 2001 Section 21(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 21(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 21(2) amended 25 January 2005 section 200 Crown Entities Act 2004
22: Protection from disclosure of sensitive information
Nothing in this Act shall be construed as requiring the inclusion in any statement of corporate intent, annual report, financial statements, or half-yearly report referred to in sections 16 to 18 Official Information Act 1982 1986 No 124 s 20
4: Transfer of assets to Crown Research Institutes
23: Interpretation relating to transfer of assets and liabilities
1: In this section and in sections 24 to 38 agreement assets
a: any estate or interest in any land, including all rights of occupation of land or buildings:
b: all buildings, vehicles, plant, equipment, and machinery, and any rights therein:
c: all livestock, products from livestock, and crops:
d: all financial products within the meaning of the Financial Markets Conduct Act 2013
e: all rights of any kind, including rights under Acts, deeds, agreements, or licences, and all applications, objections, submissions, and appeals in respect of such rights:
f: all patents, trade marks, designs, copyright, plant variety rights, and other intellectual property rights of any kind whether enforceable by Act or rule of law:
g: goodwill, and any business undertaking Crown Research Institute Crown entity liabilities
a: liabilities and obligations under any Act or agreement; and
b: deposits and other debt securities within the meaning of the Financial Markets Conduct Act 2013
c: contingent liabilities rights transfer
a: assign and convey; and
b: vest by Order in Council or notice in the Gazette
c: confer estates in fee simple of land held by the Crown, whether in allodium or otherwise; and
d: grant leases, rights, and interests in any real or personal property; and
e: in the case of liabilities, the assumption thereof by a Crown Research Institute.
2: In this section and in sections 24 to 38 transfer authorise grant
3: This section and sections 24 to 38
4: Nothing in this Act shall limit any powers or rights that the Crown or a Minister has other than pursuant to this Act. 1986 No 124 s 29 1991 No 69 s 362 1992 No 27 s 10 Section 23(1) assets amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 23(1) Crown Research Institute amended 25 January 2005 section 200 Crown Entities Act 2004 Section 23(1) liabilities amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
24: Transfer of Crown assets and liabilities to Crown Research Institutes
1: Notwithstanding any Act, rule of law, or agreement, the shareholding Ministers may, on behalf of the Crown, do any 1 or more of the following:
a: transfer to a Crown Research Institute assets and liabilities of the Crown:
b: authorise the Crown Research Institute to act on behalf of the Crown in providing goods or services, or in managing assets or liabilities of the Crown:
c: grant to a Crown Research Institute leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown— for such consideration, and on such terms and conditions, as the shareholding Ministers may agree with the Crown Research Institute.
2: The responsible Minister shall lay before the House of Representatives any contract or other document entered into pursuant to subsection (1) within 12 sitting days after the date of that contract or document. 1986 No 124 s 23(1), (2) 1987 No 117 s 6(1)
25: Assets relating to land and interests in land may be transferred separately
1: Assets that are fixed to, or are under or over, any land may be transferred to a Crown Research Institute pursuant to this Act whether or not any interest in the land is also transferred.
2: Where any such asset is so transferred, the asset and the land shall be regarded as separate assets each capable of separate ownership. 1986 No 124 s 23(3)
26: Further provisions relating to transfer of assets and liabilities
1: Any asset or liability of the Crown may be transferred to a Crown Research Institute pursuant to this Act whether or not any Act or agreement relating to the asset or liability permits such transfer or requires any consent to such a transfer.
2: Where a transfer of the kind described in subsection (1) takes place,—
a: the transfer shall not entitle any person to terminate, alter, or in any way affect the rights or liabilities of the Crown, or the Crown Research Institute, under any Act or agreement:
b: where the transfer is registrable, the person responsible for keeping the register shall register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for this purpose by the responsible Minister:
c: the laying before the House of Representatives of any contract or other document relating to the transfer shall be deemed to be notice of the transfer, and any third party shall after the date of such contract or document deal with the Crown Research Institute in place of the Crown:
d: the Crown shall remain liable to any third party as if the asset or liability had not been transferred but shall be indemnified by the Crown Research Institute in respect of any liability to any third party:
e: any satisfaction or performance by the Crown Research Institute in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown:
f: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the Crown Research Institute shall be deemed to be also to the benefit of the Crown.
3: No provision in any agreement limiting the Crown's right to sell any assets to third parties, or for determining the consideration for the sale of any assets to third parties, or obliging the Crown to account to any person for the whole or part of the proceeds of sale by the Crown of any assets to third parties, or obliging the Crown to pay a greater price than otherwise by reason of or as a consequence of the sale of any assets to third parties, shall have any application or effect in respect of any agreement or transfer entered into or effected pursuant to or under this Act or pursuant to such an agreement or transfer. 1986 No 124 s 23(4)–(6) 1990 No 23 s 3
27: Crown may continue to take benefit of provisions relating to compensation or liability
1: In any case where—
a: the Crown transfers or agrees to transfer to a Crown Research Institute assets that the Crown acquires or is entitled to acquire from another person for the purpose of carrying on any activity; and
b: the assets are acquired by the Crown, or the Crown's rights to acquire the assets arise, under an agreement with that person that contains a provision specifying or limiting the Crown's rights to recover compensation or damages; and
c: the Crown Research Institute carries on that activity or part of that activity whether or not it also carries on any other activity,— the provision referred to in paragraph (b) shall, notwithstanding the transfer of the assets to the Crown Research Institute, continue in force in favour of the Crown as if the Crown Research Institute were part of the Crown, the Crown continued to carry on the activity, and any loss suffered by the Crown Research Institute were a loss suffered by the Crown and not, by reason only of having been suffered by the Crown Research Institute, an indirect or a consequential loss or a loss suffered by a third party.
2: In any case where—
a: the Crown transfers or agrees to transfer to a Crown Research Institute assets that the Crown acquires or is entitled to acquire from another person for the purpose of carrying on any activity; and
b: the assets are acquired by the Crown, or the Crown's rights to acquire the assets arise, under an agreement with that person that contains a provision relieving the Crown from performing any obligation imposed upon it, or relieving the Crown from any claim or cause of action based on the failure by the Crown to perform any such obligation, as a result of any particular event; and
c: the Crown Research Institute carries on that activity or part of that activity whether or not it also carries on any other activity,— the provision referred to in paragraph (b) shall, notwithstanding the transfer of the assets to the Crown Research Institute, continue in force in favour of the Crown as if the Crown Research Institute were part of the Crown, the Crown continued to carry on the activity, and as if the occurrence of any such event referred to in the provision in relation to the Crown Research Institute were the occurrence of the event in relation to the Crown. 1986 No 124 s 23(6A), (6B) 1990 No 83 s 2(1)
28: Transfer of assets where certain terms and conditions prescribed by statute
1: Where—
a: rights or obligations to provide goods or services to third parties are transferred to a Crown Research Institute pursuant to this Act; and
b: those goods or services have previously been provided by the Crown on terms and conditions wholly or partly prescribed by any Act; and
c: the Governor-General has by Order in Council declared that this subsection shall apply in respect of those goods or services,— the goods or services shall, to the extent that those terms and conditions are not already contained in contracts between the Crown and third parties, from the date of transfer be deemed to be provided pursuant to contracts between the Crown Research Institute and the third parties (whether or not the Act is repealed).
2: Each such contract shall be deemed to include such of the terms and conditions contained in that Act (with all necessary modifications) as are specified in the Order in Council.
3: Where any land that is subject to any lease, licence, permit, or right, created on terms and conditions wholly or partly set out in any Act, has been or is to be transferred to a Crown Research Institute pursuant to this Act, the Governor-General may, by Order in Council, declare that such of the provisions of that Act as are specified in the order shall continue to apply in relation to the land and such licence, lease, permit, or right.
4: Where an Order in Council is made under subsection (3), the provisions of the Act referred to in the order shall, with all necessary modifications, continue to apply in relation to the land and the terms or conditions of the lease, licence, permit, or right subject to any agreement to—
a: amend or revoke any such term or condition; or
b: revoke any such term or condition and substitute another term or condition for it— made between the owner for the time being of the land and the holder for the time being of the lease, licence, permit, or right.
5: An order under this section is secondary legislation ( see Part 3 1986 No 124 s 23(7), (8) 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 28(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29: Provisions relating to transfer of land
1: Notwithstanding any other provision of this Act, Crown land within the meaning of the Land Act 1948 Land Transfer Act 2017
a: be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and
b: vest in the Crown Research Institute—
i: pursuant to and on a date specified in an Order in Council made for the purposes of this section; or
ii: pursuant to and on a date specified in a notice in the Gazette
2: Every notice given under subsection (1)﻿(b)﻿(ii) may be given on such terms and conditions as the shareholding Ministers or a person authorised in writing by those Ministers, as the case may be, thinks fit, and shall have effect according to its tenor.
3: Notwithstanding any other provision of this Act, no land that is subject to a lease or licence pursuant to section 66 section 66AA section 24(1)﻿(a)
4: Subject to subsection (5), but notwithstanding any other provision of this Act, no land for the time being held, managed, or administered under the Conservation Act 1987 Schedule 1 section 24(1)﻿(a)
5: Nothing in subsection (4) prevents the granting, to a Crown Research Institute, of a licence to occupy any land to which that subsection applies if the Minister of Conservation consents to the granting of that licence.
6: All land that is subject to the Land Act 1948 Forests Act 1949
7: Nothing in this Act or in any transfer of land to a Crown Research Institute pursuant to this Act shall derogate from the provisions of section 10 section 11 1986 No 124 s 24 1987 No 117 s 7(1), (2) 1990 No 31 s 37 1991 No 70 s 121 1992 No 27 s 5 Section 29(1) amended 12 November 2018 section 250 Land Transfer Act 2017
30: Modification of provisions of Public Works Act 1981
1: This section applies to the transfer of land or an interest in land to a Crown Research Institute—
a: pursuant to this Act; or
b: by another Crown Research Institute,— where that transfer occurs not later than 30 June 1994.
2: Nothing in sections 40 to 42 sections 40 41
3: If, in relation to land or an interest in land that has been transferred to a Crown Research Institute (being a transfer to which this section applies), an offer made under subsection (2) of sections 40
a: within 40 working days after the making of the offer or such further period as the chief executive of the department within the meaning of section 2 of the Survey Act 1986
b: if an application has been made pursuant to subsection (2A) of that section to the Land Valuation Tribunal, within 20 working days after the determination of the Tribunal,— whichever is later, and the parties have not agreed on other terms for the sale of the land or interest, the Crown Research Institute may sell or otherwise dispose of the land or interest to any person on such terms and conditions as it thinks fit.
4: For the purposes of subsection (3), the term working day section 2 1990 No 52 s 9(4) Section 30(3)﻿(a) amended 1 July 1996 section 5 Survey Amendment Act 1996
31: Obligation to lodge caveat
1: Where, before 30 June 1994, land or an interest in land is transferred to a Crown Research Institute pursuant to this Act or by another Crown Research Institute, the Crown or, as the case may be, the Crown Research Institute transferring the land or interest shall, for the purpose of protecting the rights of persons from whom that land or interest was acquired and their successors to have that land or interest offered to them under section 40(2) Land Transfer Act 2017
2: For the purposes of this section, the rights of persons from whom land or an interest in land was acquired and their successors to have that land or interest offered to them under section 40(2) section 138
3: In stating, in a caveat lodged pursuant to subsection (1), the interest claimed by the caveator, it shall be sufficient, for the purposes of Land Transfer Act 2017 sections 40 to 42 1974 No 66 s 594ZG 1989 No 29 s 34(1) Section 31(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 31(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 31(3) amended 12 November 2018 section 250 Land Transfer Act 2017
32: Transfer of land not to constitute a subdivision or development
Nothing in section 11 Part 10
a: pursuant to this Act; or
b: by another Crown Research Institute,— where that transfer occurs not later than 30 June 1994.
33: Land Settlement Promotion and Land Acquisition Act 1952 not to apply
The provisions of Part 2 of the Land Settlement Promotion and Land Acquisition Act 1952
34: Uses deemed to be permitted activity
Section 34 repealed 1 August 2003 section 101 Resource Management Amendment Act 2003
35: Title to land
1: The Registrar-General of Land
a: register a Crown Research Institute as the proprietor, in substitution for the Crown, of the estate or the interest of the Crown in any land for which a record of title has been issued
b: make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this section.
2: The powers conferred by subsection (1) may be exercised in respect of an estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or has been determined.
3: The Registrar-General of Land must, on written application by any person authorised by a shareholding Minister and on payment of the prescribed fee, issue a record of title for land vested in a Crown Research Institute pursuant to section 29(1)
4: As soon as registration is accomplished in accordance with subsection (1) or a record of title
5: Applications in accordance with subsections (1) and (3) shall specify the name of the Crown Research Institute and the date of the agreement, together with a description of the land sufficient to identify it and, in the case of applications under subsection (3), a certificate by the Chief Surveyor for the district concerned as to the correctness of such description. 1986 No 124 s 25 1989 No 57 s 2 Section 35(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 35(1)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 35(3) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 35(4) amended 12 November 2018 section 250 Land Transfer Act 2017
36: Land certification
1: Before the Registrar-General of Land issues a record of title in respect of any land vested in a Crown Research Institute pursuant to section 29(1) Schedule 2
2: The certificate referred to in subsection (1) must be accepted by the Registrar-General of Land. Section 36 replaced 12 November 2018 section 250 Land Transfer Act 2017
37: Certification of easements
1: Where land is vested in a Crown Research Institute pursuant to section 29(1) Land Transfer Act 1952 section 36(1)
2: The Registrar-General of Land must register the easement on the relevant record of title by reference to the certificate in which it is described as if that certificate were the instrument creating the easement.
3: If an easement is registered under subsection (2), it must be treated for all purposes, including all subsequent dealings, as if it had been created under the Land Transfer Act 2017 Section 37 replaced 12 November 2018 section 250 Land Transfer Act 2017
38: Orders in Council relating to transfer of assets and liabilities
1: For the purpose of facilitating the transfer of assets and liabilities to a Crown Research Institute pursuant to this Act, the Governor-General may from time to time, by Order in Council, do any 1 or more of the following:
a: vest in or impose on a Crown Research Institute any asset or liability (other than land to which section 29(1)
b: vest land in a Crown Research Institute for the purposes of section 29(1)
c: declare that a reference to the Crown or a Minister, officer, employee, department, or instrument of the Crown in any or all regulations, orders, notices, or documents shall be deemed to be or to include a reference to a Crown Research Institute specified in the order:
d: declare that a Crown Research Institute shall assume or continue to have the rights and obligations of the Crown or a Minister, officer, employee, department, or instrument of the Crown in respect of applications for rights, objections, or proceedings before any court, authority, or other person, being rights and obligations that the Crown Research Institute has agreed to assume:
e: declare, in respect of any assets or liabilities transferred to a Crown Research Institute pursuant to this Act, that the Crown Research Institute shall be deemed to have specified rights or obligations in respect of those assets or liabilities, being rights or obligations that are required in respect of those assets or liabilities as a result of the change of ownership or responsibility from the Crown to the Crown Research Institute:
f: declare that any Order in Council made under this section shall be deemed to be notice to all persons, and that specific notice need not be given to any authority or other person:
g: direct any authority or other person to register or record any such vesting or declaration.
2: Every Order in Council made under this section may be made on such terms and conditions as the Governor-General thinks fit, and shall have effect according to its tenor.
3: An order under this section is secondary legislation ( see Part 3 1986 No 124 s 28 1991 No 69 s 362 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 38(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
39: Transfer of employees
1: Notwithstanding anything in section 88
2: Before transferring any employee under subsection (1), the respective chief executives of the government department and the Crown Research Institute shall consult with the employee about the proposed transfer.
3: The power conferred by this section to transfer any employee is subject to the employment contract applying to that employee. 1988 No 20 s 61A 1989 No 136 s 14 Section 39(1) amended 7 August 2020 section 135 Public Service Act 2020
40: Protection of conditions of employment upon transfer
1: Where any employee of a government department is transferred to a Crown Research Institute pursuant to section 39
2: Subsection (1) shall continue to apply to the terms and conditions of employment of each transferred employee until such time as any of the terms and conditions of employment that apply under the employment contract applying to that employee at the date of the transfer are varied.
3: The terms and conditions of employment of each transferred employee shall, from the date of any such variation, be determined in accordance with the employment contract applying to that employee in the Crown Research Institute in which the transferred employee is then employed.
4: Nothing in subsection (1) shall continue to apply to any transferred employee who receives any subsequent appointment within the Crown Research Institute to which that employee was transferred. 1988 No 20 s 61B 1989 No 136 s 14
41: Employment of transferred employees deemed to be continuous
1: Every employee of a government department who is transferred to a Crown Research Institute pursuant to section 39
2: No employee of a government department who is transferred to a Crown Research Institute pursuant to section 39
5: Miscellaneous provisions
42: Saving of certain transactions
A failure by a Crown Research Institute to comply with any provision contained in Part 1 1986 No 124 s 21
43: Prime Minister may give directions to Crown Research Institutes
1: This section applies where—
a: there is in force a state of emergency declared under the Civil Defence Emergency Management Act 2002
b: there is in force a state of animal disease emergency declared under section 30 of the Animals Act 1967
c: a declaration made under section 13 of the Apiaries Act 1969
d: there is in force a state of plant disease emergency declared under section 12
e: the assistance of any Crown Research Institute is required for the purposes of giving effect to any measures—
i: that are authorised or required to be taken by or under any regulations made under section 69 section 70
ii: that relate to the control or eradication of any infection or disease that may be injurious to or may cause any unhealthy condition in any tree, tree seed, timber, or timber produce.
2: Notwithstanding anything in this Act , the Crown Entities Act 2004 Companies Act 1993 constitution
3: Where, pursuant to subsection (2), the Prime Minister gives any directions to the board of a Crown Research Institute, that board shall ensure that those directions are complied with.
4: Where a notice is given to the board of a Crown Research Institute under subsection (2), the Prime Minister shall, as soon as practicable after the giving of the notice,—
a: publish a copy of it in the Gazette
b: lay a copy of it before the House of Representatives.
5: Section 115 Section 43(1)﻿(a) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 43(2) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 43(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 43(5) added 25 January 2005 section 200 Crown Entities Act 2004
44: Compensation may be paid to Crown Research Institutes
1: Where any direction is given pursuant to section 15(1)﻿(c) section 43(2)
2: Any money required for the purposes of this section shall be paid out of money appropriated by Parliament for the purpose.
45: Archives Act 1957 to apply
Section 45 repealed 25 January 2005 section 200 Crown Entities Act 2004
46: Amendments and repeal
1: The enactments specified in Schedule 1
2: Amendment(s) incorporated in the Act(s)
3: This section shall come into force on 1 July 1992.
47: Amendments to Scientific and Industrial Research Act 1974
Section 47 repealed 10 April 1998 section 48(4)
48: Repeal of Scientific and Industrial Research Act 1974
1: The enactments specified in Schedule 2
2)–(4: Amendment(s) incorporated in the Act(s)
5: This section shall come into force on a date to be appointed by the Governor-General by Order in Council.
6: 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 48 brought into force 10 April 1998 clause 2 Crown Research Institutes Act Commencement Order 1998 Section 48(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
49: Amendments to Fertilisers Act 1982
1:
2: So much of Schedule 1 Fertilisers Act 1960
3: This section shall come into force on the date on which the Fertilisers Act 1982 Section 49(1) repealed 2 July 2001 section 86(1) Agricultural Compounds and Veterinary Medicines Act 1997