New Zealand Tourism Board Act 1991

Reprint
as at 1 April 2008

Coat of Arms of New Zealand

New Zealand Tourism Board Act 1991

Public Act1991 No 110
Date of assent30 October 1991
Commencementsee section 1(2)
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Tourism.

An Act to—

  • (a) establish the New Zealand Tourism Board, define its object, functions, and powers, and provide for related matters; and

  • (b) abolish the New Zealand Tourism Department, and provide for related matters

1 Short Title and commencement

  • (1) This Act may be cited as the New Zealand Tourism Board Act 1991.

    (2) This Act shall come into force on 1 November 1991.

2 Act binds the Crown

  • This Act binds the Crown.

Part 1
New Zealand Tourism Board

3 Interpretation

  • In this Act, unless the context otherwise requires,—

    commencement day means the day on which this Act came into force

    Department means the New Zealand Tourism Department constituted (as the Tourist and Publicity Department) under the New Zealand Tourism Department Act 1963

    existing employee means a person who, immediately before the commencement day, was an employee of the Department

    financial year means a year ending with the close of 30 June

    member has the same meaning as in section 10 of the Crown Entities Act 2004

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    New Zealand Tourism Board means the New Zealand Tourism Board established by section 4(1)

    Secretary means the chief executive of the Ministry.

    Section 3 Board: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 3 member: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 3 New Zealand Tourism Board: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

4 New Zealand Tourism Board established

  • (1) The New Zealand Tourism Board is hereby established.

    (2) The New Zealand Tourism Board is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

    (3) The Crown Entities Act 2004 applies to the New Zealand Tourism Board except to the extent that this Act expressly provides otherwise.

    (4) Members of the New Zealand Tourism Board are the board for the purposes of the Crown Entities Act 2004.

    Section 4(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 4(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 4(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

5 Board has powers of natural person

  • [Repealed]

    Section 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

6 Object of New Zealand Tourism Board

  • The New Zealand Tourism Board's object is to ensure that New Zealand is so marketed as a visitor destination as to maximise long-term benefits to New Zealand.

    Section 6 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

7 Functions of New Zealand Tourism Board

  • (1) [Repealed]

    (2) The New Zealand Tourism Board's functions are—

    • (a) to develop, implement, and promote strategies for tourism; and

    • (b) to advise the Government and the New Zealand tourism industry on matters relating to the development, implementation, and promotion of those strategies.

    Section 7 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 7(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 7(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

8 Annual statements of projected outputs, liabilities, and outcomes

  • (1) [Repealed]

    (2) Every statement of intent required under section 139 of the Crown Entities Act 2004 must be accompanied by a statement of the New Zealand Tourism Board's best estimate of—

    • (a) the—

      • (i) impacts of the outputs described in the annual statement on; and

      • (ii) consequences of those outputs for,—

      the number of visitors to New Zealand during the year to which the annual statement relates, and the amount of money they spend; and

    • (b) the impacts of those outputs on and consequences of those outputs for the number of visitors to New Zealand in later years, and the amount of money they spend.

    (3) [Repealed]

    (4) [Repealed]

    (5) [Repealed]

    (6) [Repealed]

    (7) [Repealed]

    (8) [Repealed]

    (9) [Repealed]

    Section 8(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 8(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 8(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 8(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 8(5): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 8(6): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 8(7): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 8(8): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 8(9): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

9 Board to comply with Government policies

  • [Repealed]

    Section 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

10 Annual report

  • The New Zealand Tourism Board must include in its annual report required under section 150 of the Crown Entities Act 2004 a statement of the extent to which the impacts of the Board's outputs in that year and previous years on, and the consequences of those outputs for, the number of visitors to New Zealand during that year, and the amount of money they spent, matched the estimates contained in past statements (as finally approved by the Minister) under section 8(2).

    Section 10: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

11 Membership of New Zealand Tourism Board

  • (1) The New Zealand Tourism Board must have no fewer than 5, and no more than 9, members.

    (2) Before appointing any member, the Minister shall consult—

    • (a) the body that, on the commencement of this Act, was known as New Zealand Tourist Industry Federation Inc.; and

    • (b) other organisations and people that or who, in the Minister's opinion, have a substantial interest in the New Zealand Tourism Board's operations.

    (3) [Repealed]

    (4) [Repealed]

    Section 11 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 11(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 11(2)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 11(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 11(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

12 Co-opted members

  • [Repealed]

    Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

13 Disclosure of interest

  • [Repealed]

    Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

14 Other provisions applying to New Zealand Tourism Board

  • Schedule 1 applies to the New Zealand Tourism Board.

    Section 14 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 14: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Part 2
Abolition of New Zealand Tourism Department

15 New Zealand Tourism Department abolished

  • The Department is hereby abolished.

16 Employees of Department

  • (1) On the commencement day, every existing employee shall become an employee of the New Zealand Tourism Board.

    (2) Terms and conditions of employment that immediately before the commencement day applied to an existing employee as an employee of the Department—

    • (a) subject to paragraph (b), shall on and after the commencement day apply to the employee as an employee of the New Zealand Tourism Board; and

    • (b) may be varied accordingly.

    (3) For the purposes of every enactment, law, award, determination, contract, and agreement at any time relating to the employment of an existing employee,—

    • (a) the employee's contract of employment with the Department shall be deemed to have been unbroken by the employee's having become an employee of the New Zealand Tourism Board; and

    • (b) any period recognised by the Department as continuous service in the employment of the Department shall be deemed to have been a period of continuous service in the employment of the New Zealand Tourism Board.

    (4) No existing employee is entitled to any payment or other benefit by reason only of having ceased to be an employee of the Department.

    Section 16(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 16(2)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 16(3)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 16(3)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

17 Savings

  • (1) Where, before the commencement day, the Minister of Tourism, the Department, or any officer of the Department (in relation to the conduct of the Department's affairs), has become a party to any proceedings, the proceedings may be continued, completed, and enforced as if the Minister were that party.

    (2) Where, before the commencement day, the Minister of Tourism, the Department, or any officer of the Department (in relation to the conduct of the Department's affairs), has begun an action under the authority of any enactment formerly administered by the Department, the action may be continued, completed, and enforced as if the Minister had begun it.

    (3) Every consent, licence, permit, approval, and remission, before the commencement day given or granted by the Minister of Tourism or the General Manager of the Department shall, unless its terms or the circumstances otherwise require, continue in force until amended, transferred, modified, or revoked by the Minister or the Secretary.

18 Consequential amendments

  • (1) In every Act, regulation, and other enactment, and every contract, agreement, deed, instrument, application, licence, notice, and other document, passed, made, enacted, entered into, granted, given, or executed, before the commencement day,—

    • (a) every reference to the Minister of Tourism shall be read as a reference to the Minister; and

    • (b) every reference to the Department shall be read as a reference to the Ministry; and

    • (c) every reference to the General Manager of the Department shall be read as a reference to the Secretary.

    (2) The enactments specified in Schedule 2 are hereby consequentially amended in the manner indicated in that schedule.

19 Repeals and saving

  • (1) The enactments specified in Schedule 3 are hereby repealed.

    (2) Notwithstanding the repeal by subsection (1) of this section of section 8 of the New Zealand Tourism Department Act 1963, the Minister may from time to time, on behalf of the Crown, take any action under or in respect of any lease, sublease, contract, or agreement, granted or entered into before the commencement of this Act under the authority of subsection (2) of that section.

    (3) Nothing in subsection (2) limits or affects the generality of section 17.

Schedule 1
Other provisions applying to New Zealand Tourism Board

s 14

  • Schedule 1 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

1 Term of office

  • [Repealed]

    Schedule 1 clause 1: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

2 Extraordinary vacancies

  • [Repealed]

    Schedule 1 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

3 Chairperson and Deputy Chairperson

  • [Repealed]

    Schedule 1 clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

4 Meetings

  • [Repealed]

    Schedule 1 clause 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

5 Chairperson to preside at meetings

  • [Repealed]

    Schedule 1 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

6 Voting at meetings

  • [Repealed]

    Schedule 1 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

7 Procedure

  • [Repealed]

    Schedule 1 clause 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

8 Delegations

  • [Repealed]

    Schedule 1 clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

9 Remuneration of members

  • [Repealed]

    Schedule 1 clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

10 New Zealand Tourism Board to appoint chief executive

  • (1) Subject to subclause (2) of this clause, the New Zealand Tourism Board shall from time to time appoint a chief executive of the New Zealand Tourism Board, on terms and conditions agreed by the New Zealand Tourism Board and the person appointed.

    (2) [Repealed]

    Schedule 1 clause 10 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Schedule 1 clause 10(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Schedule 1 clause 10(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

11 Other employees

  • [Repealed]

    Schedule 1 clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

12 Personal liability

  • [Repealed]

    Schedule 1 clause 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

13 Board to be good employer

  • [Repealed]

    Schedule 1 clause 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

14 Equal employment opportunities programme

  • [Repealed]

    Schedule 1 clause 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

15 Superannuation or retiring allowances

  • (1) [Repealed]

    (2) Notwithstanding anything in this Act, a person who, immediately before becoming an employee of the New Zealand Tourism Board, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 shall, for the purposes of that Act, be deemed to be employed in the Government service so long as that person continues to be an employee of the New Zealand Tourism Board; and that Act shall apply to that person in all respects as if that person's service as an employee of the New Zealand Tourism Board is Government service.

    (3) Nothing in subclause (2) entitles any person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.

    (4) For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to an employee of the New Zealand Tourism Board who is a contributor to the Government Superannuation Fund, the term controlling authority, in relation to that employee, means the New Zealand Tourism Board.

    Schedule 1 clause 15(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Schedule 1 clause 15(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Schedule 1 clause 15(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

16 Application of certain Acts to members and employees excluded

  • [Repealed]

    Schedule 1 clause 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

17 Funds

  • [Repealed]

    Schedule 1 clause 17: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

18 Bank accounts

  • [Repealed]

    Schedule 1 clause 18: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

19 Investment of money

  • [Repealed]

    Schedule 1 clause 19: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

20 Seal

  • [Repealed]

    Schedule 1 clause 20: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

21 Exemption from income tax

  • The New Zealand Tourism Board's income is exempt from income tax under the Income Tax Act 2007.

    Schedule 1 clause 21: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

    Schedule 1 clause 21: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Schedule 2
Consequential amendments

s 18(2)

New Zealand Maori Arts and Crafts Institute Act 1963 (1963 No 51) (RS Vol 8, p 885)

Amendment(s) incorporated in the Act(s).

Ombudsmen Act 1975 (1975 No 9) (RS Vol 21, p 657)

Amendment(s) incorporated in the Act(s).

Reserves Act 1977 (1977 No 66)

Amendment(s) incorporated in the Act(s).

State Sector Act 1988 (1988 No 20)

Amendment(s) incorporated in the Act(s).

Tourist and Health Resorts Control Act 1908 (1908 No 194) (RS Vol 11, p 545)

Amendment(s) incorporated in the Act(s).

Schedule 3
Repeals

s 19

New Zealand Tourism Department Act 1963 (1963 No 30) (RS Vol 13, p 753)
New Zealand Tourism Department Amendment Act 1967 (1967 No 24) (RS Vol 13, p 760)
New Zealand Tourism Department Amendment Act 1989 (1989 No 129)
New Zealand Tourism Department Amendment Act 1990 (1990 No 87)
Public Finance Act 1989 (1989 No 44)

Amendment(s) incorporated in the Act(s).

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the New Zealand Tourism Board Act 1991. The reprint incorporates all the amendments to the Act as at 1 April 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)