New Zealand Infrastructure Commission/Te Waihanga Act 2019

1: Title
This Act is the New Zealand Infrastructure Commission/Te Waihanga Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Interpretation
In this Act, unless the context otherwise requires,— Commission section 6 community expectations
a: means the expectations of the communities that use, or will use, the infrastructure or the services that result from the infrastructure; and
b: includes expectations in relation to—
i: benefits and other outcomes that result from the infrastructure or services; and
ii: how the services are delivered; and
iii: the quality of the services; and
iv: how the infrastructure is built and maintained election period
a: beginning with writ day for a general election; and
b: ending with the day that is 2 months after the day of commencement of the next session of Parliament infrastructure infrastructure project
a: the creation of new infrastructure; and
b: the maintenance, upgrading, replacement, decommissioning, or removal of existing infrastructure Minister responsible Minister support services
a: providing advice in relation to a proposed project; and
b: providing services or staff to assist with the delivery of a project writ day section 3(1)
4: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
5: Act binds the Crown
This Act binds the Crown.
2: New Zealand Infrastructure Commission/Te Waihanga
1: Establishment of Commission
6: New Zealand Infrastructure Commission/Te Waihanga established
The New Zealand Infrastructure Commission/Te Waihanga is established.
7: Commission is Crown entity
1: The Commission is a Crown entity for the purposes of the Crown Entities Act 2004
2: The Crown Entities Act 2004
8: Members of Commission
1: The Commission must have no fewer than 3, and not more than 7, members.
2: The members of the Commission are a board for the purposes of the Crown Entities Act 2004
2: Functions of Commission
9: Main function of Commission
The main function of the Commission is to co-ordinate, develop, and promote an approach to infrastructure that encourages infrastructure, and services that result from the infrastructure, that improve the well-being of New Zealanders.
10: Additional functions of Commission
The Commission has the following additional functions: Strategy and planning functions
a: to develop broad public agreement on the approach under section 9 subpart 3
b: to provide advice in relation to infrastructure, including (without limitation) advice in relation to—
i: the ability of existing infrastructure to meet community expectations; and
ii: current and future infrastructure needs; and
iii: the priorities for infrastructure; and
iv: matters that prevent, limit, or promote the efficient and effective delivery of infrastructure, and services that result from the infrastructure:
c: to provide reports in accordance with subparts 3 4 Support functions
d: to promote a strategic and co-ordinated approach to the delivery of current and proposed infrastructure projects:
e: to provide and co-ordinate information about current and proposed infrastructure projects:
f: to provide support services to current and proposed infrastructure projects.
11: Infrastructure needs and priorities for infrastructure
When identifying or advising on current and future infrastructure needs, or the priorities for infrastructure, the Commission—
a: must provide advice with the objective of achieving infrastructure, and services that result from the infrastructure, that improve the well-being of New Zealanders; and
b: must have regard to long-term trends that impact on, or are impacted by, infrastructure, including (but not limited to)—
i: changes to demographics; and
ii: the emergence and availability of new technology; and
iii: matters relating to the mitigation of the effects of climate change (including through reducing emissions of greenhouse gases) and adapting to the effects of climate change; and
c: may have regard to any other matters the Commission considers relevant.
3: Strategy reports
12: Strategy reports required
The Commission must provide strategy reports to the responsible Minister in accordance with this subpart.
13: Content of strategy report
1: A strategy report must—
a: include a statement as to the ability of existing infrastructure to meet community expectations for the next 30 years; and
b: identify the priorities for infrastructure for the next 30 years.
2: A strategy report may include any other matters the Commission considers relevant.
14: Commission must provide draft to Minister
1: Before finalising a strategy report, the Commission must provide a draft to the responsible Minister.
2: A draft of the first strategy report prepared under this Act must be provided not later than the day that is 2 years after the day on which this Act comes into force.
3: Thereafter, a draft must be provided not later than the day that is 4 years and 6 months after the day on which the last strategy report was provided to the Minister under section 16
15: Commission must have regard to Minister’s comments on draft
1: The Minister may provide comments on the draft to the Commission.
2: Any comments must be provided—
a: in writing; and
b: not later than the day that is 90 days after the day on which the Minister receives the draft.
3: The Commission must have regard to the Minister’s comments (if any) when finalising the strategy report.
16: Commission must finalise and provide report to Minister
1: The Commission must finalise the strategy report and provide it to the responsible Minister.
2: The report must be provided not later than the day that is 90 days after—
a: the day of receipt of any Minister’s comments under section 15
b: if no comments are received within the period set out in section 15(2)﻿(b) section 15(2)﻿(b)
17: Report must be presented to House and published
1: The responsible Minister must present a copy of the strategy report to the House of Representatives as soon as practicable after receiving the report.
2: The Commission must publish the report on an Internet site maintained by or on behalf of the Commission as soon as practicable after the report is presented to the House.
18: Statement of Government’s response must be presented to House
The responsible Minister must present a statement of the Government’s response to the strategy report to the House of Representatives not later than the day that is 180 days after the day on which the report is provided to the Minister.
19: Election period disregarded for purposes of calculating deadlines
Any days that fall within an election period must be disregarded for the purposes of calculating the periods under sections 15(2)﻿(b) 18
4: Directions to provide report
20: Minister may give direction to provide report
1: The responsible Minister may direct the Commission to provide a report to the Minister on any matter relating to infrastructure.
2: The terms of the direction may specify 1 or more of the following:
a: the scope of the matter to be reported on:
b: requirements relating to consultation with the Minister or any other person:
c: the date by which the Commission must provide its report.
21: Process for giving direction to provide report
1: A direction under section 20 section 114
a: the Commission must give effect to the direction in accordance with section 114
b: sections 114 115 section 115A
2: In deciding whether to give the direction, and in specifying the terms of that direction, the Minister must have regard to the impact that the direction will or is likely to have on the Commission’s ability to manage its functions and operations, having regard to the Commission’s available resources.
22: Commission must publish report
The Commission must publish every report that is provided to the Minister under this subpart on an Internet site maintained by or on behalf of the Commission as soon as practicable after providing the report to the Minister.
5: Power to obtain information
23: Power of Commission to obtain information
1: The Commission may request an entity specified in subsection (6) to supply to the Commission any information that is necessary or desirable to enable the Commission to perform its functions.
2: A request—
a: must be in writing; and
b: may state the date by which, and the manner in which, the information requested must be provided.
3: If a date is specified under subsection (2)﻿(b), that date must be reasonable.
4: An entity to which the request is made must comply with the request, subject to sections 24 25
5: However, the information cannot be withheld other than for the reasons in sections 24 25 Official Information Act 1982 Local Government Official Information and Meetings Act 1987
6: A request may be made to 1 or more of the following entities:
a: a department as defined in section 5
i: the Government Communications Security Bureau; and
ii: the New Zealand Security Intelligence Service:
b: a departmental agency as defined in section 5
c: a statutory entity named in Schedule 1
d: the New Zealand Defence Force:
e: a local authority, as defined in section 5(1)
f: a council-controlled organisation, as defined in section 6
g: Auckland Transport, as defined in section 4(1)
7: In subsection (1), information
a: personal information as defined in section 7(1)
b: information held by the Government Statistician that was collected under the Data and Statistics Act 2022
c: information that a revenue officer must keep confidential under section 18(1) 1989 No 44 s 19 Section 23(6)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 23(6)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 23(7)﻿(a) amended 1 December 2020 section 217 Privacy Act 2020 Section 23(7)﻿(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022
24: Reasons for refusing to supply requested information
A request for information may be refused if—
a: withholding the information is necessary to protect the privacy of a person (whether or not the person is a natural person or a deceased person); or
b: withholding the information is necessary to maintain legal professional privilege; or
c: the supply of the information would limit the ability of the entity, or of any of its employees, members, or office holders, to act judicially, or to carry out the statutorily independent functions of the entity, in relation to a particular matter; or
d: the supply of the information would be likely to result in the outcomes described in section 6(a) or (b) 2004 No 115 s 134
25: Additional reasons for refusal by local government entities
1: In addition to the reasons set out in section 24 section 23(6)﻿(e), (f), or (g)
a: the withholding of the information is necessary to protect information where the making available of the information—
i: would disclose a trade secret; or
ii: would be likely unreasonably to prejudice the commercial position of the entity, or the person who supplied the information, or the person who is the subject of the information; or
b: the information requested cannot be made available without substantial research.
2: If a request is likely to be refused under subsection (1)﻿(b), the entity must, before that request is refused, consider whether consulting with the Commission would assist the Commission to make the request in a form that would remove the reason for the refusal. 1987 No 174 ss 7 17 17B
26: Publication or disclosure of information to other persons
The Commission must not publish or disclose any information obtained under section 23
a: the information is available to the public under any enactment or is otherwise publicly available:
b: the information is in a statistical or summary form:
c: the publication or disclosure is with the consent of the person to whom the information relates or of the person to whom the information is confidential:
d: the publication or disclosure is required by law. 2011 No 5 s 59(3)
6: Amendments to other enactments
27: Amendments to other enactments
Amend the enactments specified in Schedule 2 2019-09-26 Crown Entities Act 2004 2019-09-26 Ombudsmen Act 1975