New Zealand Antarctic Institute Act 1996

1: Short Title and commencement
1: This Act may be cited as the New Zealand Antarctic Institute Act 1996.
2: This Act shall come into force on 1 July 1996.
2: Interpretation
In this Act, unless the context otherwise requires,— Board section 7 Institute section 4 Minister Section 2 year repealed 25 January 2005 section 200 Crown Entities Act 2004
3: Act to bind the Crown
This Act shall bind the Crown.
1: New Zealand Antarctic Institute
4: New Zealand Antarctic Institute
1: There is hereby established a body to be called the New Zealand Antarctic Institute.
2: The Institute 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
The principal functions of the Institute are—
a: to develop, manage, and execute New Zealand activities in respect of Antarctica and the Southern Ocean, in particular in the Ross Dependency:
b: to maintain and enhance the quality of New Zealand Antarctic scientific research:
c: to co-operate with other institutions and organisations both within and outside New Zealand having objectives similar to those of the Institute.
6: Performance of functions
In performing its functions, the Institute shall act in a manner that is consistent with—
a: the need to conserve the intrinsic values of Antarctica and the Southern Ocean; and
b: active and responsible stewardship of the Ross Dependency for the benefit of present and future generations of New Zealanders; and
c: New Zealand's international obligations; and
d: the provisions of the Antarctica Act 1960 Antarctica (Environmental Protection) Act 1994
e: the risks to personnel being minimised as far as is reasonable.
7: Membership of Board
1: The governing body of the Institute shall be called the New Zealand Antarctic Institute Board.
2: The Board shall consist of not fewer than 5 nor more than 7 members
3:
4: Section 7(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
8: Restriction on power of delegation
1: The Board may not delegate any power to borrow money that the Institute may have under sections 160 162
2: In other respects, section 73 Section 8 substituted 25 January 2005 section 200 Crown Entities Act 2004
9: Government directions
Section 9 repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013
10: Further provisions applying to Institute and Board
The provisions set out in Schedule 1
11: Protection of names
1: No body other than the Institute and the Board shall be incorporated or registered under any other enactment or in any other manner, under the following names:
a: New Zealand Antarctic Institute:
b: Ross Dependency Research Committee:
c: New Zealand Antarctic Programme:
d: any other name that so resembles any name listed in paragraphs (a) to (c) as to be likely to mislead any person.
2: No person other than the Institute and the Board shall, either alone or with any other person or persons,—
a: trade or carry on business under any name listed in paragraphs (a) to (c) of subsection (1); or
b: trade or carry on business under any other name, knowing that that name so resembles any name listed in paragraphs (a) to (c) of subsection (1), as to be likely to mislead any person.
3: Every person who contravenes subsection (2) commits an offence and is liable on Section 11(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
2: Miscellaneous provisions
12: Transfer of Crown assets and liabilities relating to New Zealand Antarctic Programme
1: Notwithstanding any Act, rule of law, or agreement, the Minister may, on behalf of the Crown,—
a: transfer to the Institute assets and liabilities of the Crown:
b: authorise the 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 the 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 Minister may agree with the Institute.
2: The 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.
3: 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 under any Act or agreement:
b: 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 Institute in place of the Crown:
c: 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 Institute in respect of any liability to any third party. 1993 No 147 ss 16 18
13: Ross Dependency Research Committee
1: On the commencement of this Act the Ross Dependency Research Committee is dissolved.
2: Any assets and liabilities of that Committee become, on its dissolution, assets and liabilities of the Crown, and may be transferred to the Institute in accordance with section 12
3: No member of the Committee shall be entitled to compensation for loss of office resulting from its dissolution.
14: Power to transfer employees of Ministry
1: Notwithstanding anything in section 88
2: Before transferring any employee under this section, the Secretary shall consult with the employee about the proposed transfer. Section 14(1) amended 7 August 2020 section 135 Public Service Act 2020
15: Terms and conditions of employment
The terms and conditions of employment of every employee who is transferred to the Institute under section 14
16: Employment of transferred employee deemed to be continuous
1: Every employee who is transferred to the Institute under section 14
a: the contract of employment of that employee that applied immediately before the commencement of this Act in respect of that person's employment in the Ministry of Foreign Affairs and Trade shall be deemed to have been unbroken; and
b: that employee's period of service with the Ministry, and every other period of service of that employee that is recognised by the Ministry as continuous service, shall be deemed to have been a period of service with the Institute.
2: No employee who is transferred to the Institute under section 14
17: Certain references deemed to be references to New Zealand Antarctic Institute
Every reference to the Ross Dependency Research Committee or the New Zealand Antarctic Programme in any document executed before the commencement of this Act shall, unless the context requires otherwise, be deemed to be a reference to the Institute.
18: Amendments to other enactments
The enactments specified in Schedule 2