New Zealand Productivity Commission Act 2010

1: Title
This Act is the New Zealand Productivity Commission Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: establish the Commission as a Crown entity for the purposes of section 7
b: state the Commission's functions and powers.
4: Interpretation
In this Act, unless the context otherwise requires,— Commission section 6 productivity-related matter publicly available referring Ministers section 9(1)﻿(a) responsible Minister
5: Act binds the Crown
This Act binds the Crown.
2: Substantive provisions
Establishment of Commission
6: Commission established
The New Zealand Productivity Commission is established.
7: Purpose of Commission
The principal purpose of the Commission is to provide advice to the Government on improving productivity in a way that is directed to supporting the overall well-being of New Zealanders, having regard to a wide range of communities of interest and population groups in New Zealand society.
8: 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 Commission's functions
9: Commission's functions
1: The functions of the Commission are,—
a: on referral to the Commission by the responsible Minister in conjunction with the relevant portfolio Ministers (collectively, the referring Ministers
b: on its own initiative, to—
i: undertake and publish research about productivity-related matters; and
ii: promote public understanding of productivity-related matters.
2: Except as expressly provided in this or any other Act, the Commission must act independently in performing its functions and duties and exercising its powers under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004 Commission membership
10: Members of Commission
1: The Commission must have no fewer than 3, and not more than 4, members.
2: Members of the Commission are a board for the purposes of the Crown Entities Act 2004 Conduct of Commission's work
11: Terms of reference
1: In carrying out its functions under section 9(1)﻿(a)
2: The referring Ministers must consult with the Commission about the terms of reference for each inquiry, before making a referral to the Commission under section 9(1)﻿(a)
3: The terms of reference may, without limitation, specify—
a: the scope of the inquiry to be undertaken; and
b: requirements concerning consultation; and
c: matters relating to the Commission working jointly with other agencies (including overseas agencies) concerned with improving productivity; and
d: the date by which the Commission must submit its report on the inquiry.
4: The Commission must ensure that the terms of reference for each inquiry are publicly available as soon as practicable after the Commission receives them.
12: Commission's procedures
1: The Commission may determine its own procedures for the performance of its functions.
2: Without limiting subsection (1), the Commission may—
a: publish and invite submissions on discussion papers and draft reports; and
b: consult with any persons, bodies, organisations, and agencies it considers necessary to ensure that a wide range of views is available to the Commission to assist it in preparing its reports.
3: Subsections (1) and (2) are subject to sections 9(2) 11 13 14
13: Submission and presentation of reports
1: The Commission must submit a copy of its final report on each inquiry referred to it under section 9(1)﻿(a)
2: The responsible Minister must present a copy of the final report to the House of Representatives as soon as practicable after the Minister receives it.
14: Publication of reports
1: The Commission must make every report submitted in accordance with section 13(1)
2: However, no final report may be made publicly available until it has been presented to the House of Representatives by the responsible Minister. Miscellaneous provisions and amendments to other Acts
15: Access to statistical information
Section 15 repealed 1 September 2022 section 107(1) Data and Statistics Act 2022
16: Amendments to other Acts
The enactments in the Schedule 2010-12-21 Crown Entities Act 2004 Ombudsmen Act 1975