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Note: This Supplementary Order Paper shows amendments to the Bill that are being proposed by the Minister for the purposes of consideration in Committee of the whole House. This document does—
This Supplementary Order Paper amends the Advanced Technology Institute Bill (the Bill) to—
change the name of the Advanced Technology Institute (to be established by the Bill) to Callaghan Innovation in commemoration of Sir Paul Callaghan:
make a drafting change to the definition of IRL in clause 4 to better reflect clause 15 of the Bill, which provides that IRL ceases to be a Crown Research Institute on the commencement of the Bill:
make a drafting change to clause 11 to better align the provision with section 73(1) of the Crown Entities Act 2004:
make other minor drafting changes.
Hon Steven Joyce, in Committee, to propose the amendments shown in the following document.
Hon Steven Joyce
Advanced Technology Institute Bill
The Parliament of New Zealand enacts as follows:
This Act is the
Advanced Technology Institute Act 2012.
This Act comes into force on 1 February 2013.
The purpose of this Act is to—
In this Act, unless the context otherwise requires,—
ATI means the Advanced Technology Institute established by section 6
board means the board of
IRL means Industrial Research Limited
, being a Crown Research Institute within the meaning of the Crown Research Institutes Act 1992
MBIE means the Ministry of Business, Innovation, and Employment
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
NZTE means New Zealand Trade and Enterprise established under section 7 of the New Zealand Trade and Enterprise Act 2003
RS&T funding has the same meaning as in section 4 of the Research, Science, and Technology Act 2010
RS&T provider means—
(c) any other research organisation or person (whether in New Zealand or overseas) undertaking any activity, or providing any service, that enables businesses to undertake, or benefit from, science and technology-based innovation and related activities
shareholding Ministers has the same meaning as in section 10(1) of the Crown Entities Act 2004
technology platform means a facility that pools skills, resources, or equipment in a manner that is intended to enhance the scientific, technological, or other related capability or performance of the facility's users.
4A Status of examples
(1) An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
(2) If an example and a provision to which it relates are inconsistent, the provision prevails.
5 Act binds the Crown
This Act binds the Crown.
Advanced Technology Institute
Subpart 1—Establishment of
ATI ATI established
Advanced Technology Institute established
This section establishes
the Advanced Technology Institute.
ATI is Crown entity
ATI is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
(2) The Crown Entities Act 2004 applies to
ATI except to the extent that this Act expressly provides otherwise.
The Minister must appoint at least 5, but not more than 9, persons as members of the board.
9 Special advisers
(1) The Minister may appoint the chief executive of the Ministry as a special adviser to the board.
(2) The function of the special adviser is to assist the board to align its strategies and activities with government policy.
(3) The special adviser may attend any meeting of the board (or any committee of the board) but may not vote.
(4) The board (or any committee of the board) must give the special adviser sufficient notice of its meetings and copies of all documents and materials to be considered at each meeting.
10 Stakeholder advisory group
(1) The Minister may establish a stakeholder advisory group (an advisory group) to provide advice to the board on matters relating to the performance of its functions.
(2) The board must consider any advice it receives from the advisory group.
(3) The members of the advisory group must be appointed by the Minister, on terms and conditions that the Minister determines, by written notice to each member.
(4) When appointing members of the advisory group, the Minister must—
(5) The Minister may, after consulting the board and having regard to its views, give terms of reference on the topics or subject areas on which the advisory group may advise the board.
(6) The advisory group must comply with any terms of reference given by the Minister.
(7) The advisory group may determine its own procedure.
11 Board must not delegate certain powers
(1) The board must not delegate
its power to—
(2) In other respects, section 73 of the Crown Entities Act 2004 applies to the board.
ATI's main objective, functions, and operating principles
ATI's main objective ATI's main objective is to support science and technology-based innovation and its commercialisation by businesses, primarily in the manufacturing sector and services sector, in order to improve their growth and competitiveness.
ATI's functions are to—
(b) promote and facilitate networking and collaboration among businesses and between RS&T providers and businesses to assist businesses to undertake, or benefit from, science and technology-based innovation and related activities:
(2) Examples of the ways in which
ATI may perform the function specified in subsection (1)(b) (which relates to promoting and facilitating networking and collaboration between RS&T providers and businesses) include—
(3) Examples of the ways in which
ATI may perform the function specified in subsection (1)(e) (which relates to providing services to businesses) include—
(b) assisting businesses to access (within New Zealand or overseas) relevant expertise, intellectual property, equipment, facilities, or anything else that may assist those businesses to undertake, or benefit from, science and technology-based innovation and related activities:
(e) providing product analysis, process testing, calibration and certification, or other related measurement services.
14 Operating principles
(1) In meeting its main objective, and performing its functions,
(2) In addition, in performing the function specified in section 13(1)(f) (which relates to allocating and administering RS&T funding),
(3) The Auditor-General must, when carrying out a financial report audit of
ATI under section 15 of the Public Audit Act 2001, report on ATI's implementation of the systems and procedures referred to in subsection (2).
Subpart 2—Transition to
ATI and other matters
Transfer of IRL
15 IRL to be subsidiary of
(1) On the commencement of this Act, IRL—
(2) On the commencement of this Act, the shareholding Ministers must transfer their shares in IRL to
Transfer of employees
16 Transfer of MBIE and NZTE employees to
(1) The chief executive of MBIE must identify the employees of MBIE and the chief executive of NZTE must identify the employees of NZTE—
(2) An employee who is identified under subsection (1) must be offered equivalent employment by
(3) The employee is not entitled to receive any payment or other benefit on the ground that the position held by the employee in MBIE or NZTE (as the case may be) has ceased to exist if—
(4) In this section and section 17, equivalent employment means employment that is—
(5) This section overrides any provision to the contrary in Part 6A of the Employment Relations Act 2000.
17 Transfer of employees of IRL subsidiary to
An employee of IRL is not entitled to receive any payment or other benefit on the ground that the employee's position in IRL has ceased to exist if—
18 Terms and conditions of transferred employees
(1) The employment of a transferred employee by
ATI does not—
(2) In this section, transferred employee means a person who is offered, and accepts, employment in
ATI under section 16 or 17.
19 Government superannuation fund
(1) Any person who, immediately before becoming an employee of
ATI, was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the Government service as long as the person continues to be an employee of ATI.
(2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person's service as an employee of
ATI were Government service.
(3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.
(4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of
ATI is the controlling authority.
20 Consequential amendments
Amend the enactments set out in the Schedule as set out in that schedule.
Amendments to Acts
Crown Entities Act 2004 (2004 No 115)
In Schedule 1, Part 1, insert in its appropriate alphabetical order and under the headings as shown:
|Name|| ||Exemption from acquisition of securities, borrowing, guarantee, and derivative rules|| ||Exemption from section 165 (net surplus payable to Crown)|
| || ||s 161||s 162||s 163||s 164|| || |
Advanced Technology Institute | ||✓||✓||✓||✓|| ||✓|
Ombudsmen Act 1975 (1975 No 9)
In Schedule 1, Part 2, insert in its appropriate alphabetical order:
Advanced Technology Institute ”.
Amendment to regulations
National Standards Regulations 1976 (SR 1976/239)
In regulation 2, replace the definition of Industrial Research Limited with:
“Industrial Research Limited means Industrial Research Limited, being a company incorporated under the Companies Act 1993”.