Sport and Recreation New Zealand Act 2002

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Reprint as at 3 June 2017

Sport and Recreation New Zealand Act 2002

Public Act		2002 No 38
Date of assent		17 October 2002
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by Sport and Recreation New Zealand.

1	Title
2	Commencement
	Part 1 Preliminary
3	Purpose
4	Overview
5	Interpretation
6	Act binds the Crown
	Part 2 Sport and Recreation New Zealand
	Key provisions about Agency
7	Agency established
8	Functions
9	Powers [Repealed]
10	Restriction on directions
11	Minister to publish notices and Ministerial directions [Repealed]
12	Protection of name
	Key provisions about board
13	Membership of board
14	Appointed members of Hillary Commission deemed to be members of board [Repealed]
15	Chairperson and deputy chairperson [Repealed]
16	Board’s management duty [Repealed]
17	Board’s powers [Repealed]
	Nominations advisory group [Repealed]
18	Nominations advisory group [Repealed]
19	Functions of nominations advisory group [Repealed]
20	Nominations advisory group’s recommendations and advice [Repealed]
21	Membership of nominations advisory group [Repealed]
22	Nominations advisory group to regulate own procedure [Repealed]
	Delegation by board
23	Delegation of functions, duties, and powers by board [Repealed]
24	Certain powers must not be delegated
25	Effect of delegation [Repealed]
26	Presumption of acting in accordance with delegation [Repealed]
27	Other matters relating to delegation [Repealed]
	Committees [Repealed]
28	Board may appoint committee [Repealed]
29	Membership of committee [Repealed]
30	Committee to regulate own procedure [Repealed]
	Chief executive of Agency
31	Appointment of chief executive
32	Good employer
33	Delegation of functions, duties, or powers by chief executive [Repealed]
	Employees and employment of experts [Repealed]
34	Employees [Repealed]
35	Appointment of experts [Repealed]
36	Personnel policy [Repealed]
37	Equal employment opportunities programme [Repealed]
	Superannuation
38	Establishment of superannuation schemes [Repealed]
39	Government Superannuation Fund
40	Employees not in service of the Crown [Repealed]
	Liability of members, committee members, and employees [Repealed]
41	Liability of members, committee members, and employees [Repealed]
	Execution of documents [Repealed]
42	Execution of documents [Repealed]
43	Presumption of authority to execute document [Repealed]
	Financial provisions
44	Funds of Agency [Repealed]
45	Gifts
46	Bank accounts [Repealed]
47	Investment of money [Repealed]
48	Loans and endowments
49	Agency not to borrow money without consent of Minister of Finance [Repealed]
50	Auditor-General to be auditor of Agency [Repealed]
51	Annual report [Repealed]
52	Agency and trust exempt from tax
	Part 3 Consequential amendments and repeal
	Dissolution of Hillary Commission [Repealed]
53	Hillary Commission dissolved [Repealed]
54	Assets and liabilities vest in Agency [Repealed]
55	Transfer of employees [Repealed]
56	Terms and conditions of employment of transferred employees [Repealed]
57	Continuity of employment [Repealed]
58	Restriction of compensation for technical redundancy [Repealed]
59	Final report and accounts [Repealed]
60	References to Hillary Commission [Repealed]
61	Proceedings of Hillary Commission [Repealed]
	Consequential amendments
62	Consequential amendments
	Repeal
63	Repeal of Sport, Fitness, and Leisure Act 1987
	Schedule 1 Board’s and members’ duties [Repealed]
	Schedule 2 Membership of board [Repealed]
	Schedule 3 Procedure of board [Repealed]
	Schedule 4 Enactments amended
	Reprint notes

1 Title

This Act is the Sport and Recreation New Zealand Act 2002.

2 Commencement

This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

Section 2: Sport and Recreation New Zealand Act 2002 brought into force, on 1 January 2003, by the Sport and Recreation New Zealand Act Commencement Order 2002 (SR 2002/376).

Part 1 Preliminary

3 Purpose

The purpose of this Act is to promote, encourage, and support physical recreation and sport in New Zealand by establishing an agency called Sport and Recreation New Zealand.

4 Overview

In this Act,—

(a)

this Part deals with preliminary matters, including interpretation and the application of the Act to the Crown:

(b)

Part 2 and Schedules 1 to 3 contain provisions regarding a new Crown entity called Sport and Recreation New Zealand and include—

(i)

key provisions about the Agency (sections 7 to 12):

(ii)

provisions relating to the board, the nominations advisory group, and committees of the board (sections 13 to 30) and supplementary provisions regarding the board’s and members’ duties, membership of the board, and procedure of the board (Schedules 1 to 3 respectively):

(iii)

provisions regarding the chief executive of the Agency, employees, and the appointment of experts (sections 31 to 41):

(iv)

provisions regarding the execution of documents (sections 42 and 43) and financial provisions (sections 44 to 52):

(c)

Part 3 deals with the dissolution of the Hillary Commission for Sport, Fitness, and Leisure (sections 53 to 61), consequential amendments to other Acts (section 62 and Schedule 4), and the repeal of the Sport, Fitness, and Leisure Act 1987 (section 63).

5 Interpretation

In this Act, unless the context otherwise requires,—

Agency means an agency called Sport and Recreation New Zealand established under section 7(1)

board means the board of the Agency

chief executive means the chief executive of the Agency

Hillary Commission means the Hillary Commission for Sport, Fitness, and Leisure established under section 3 of the Sport, Fitness, and Leisure Act 1987

Inland Revenue Acts has the meaning set out in section 52(3)

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

New Zealand health strategy means the New Zealand health strategy referred to in section 8(1) of the New Zealand Public Health and Disability Act 2000

previous employer has the meaning set out in section 57(3)

transferred employee means a person who,—

(a)

immediately before the commencement of this Act, is employed by—

(i)

the Ministry of Economic Development in the Office of Tourism and Sport; or

(ii)

the Hillary Commission; and

(b)

is transferred to the Agency under section 55

trust has the meaning set out in section 52(3).

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

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

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

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

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

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

6 Act binds the Crown

This Act binds the Crown.

Part 2 Sport and Recreation New Zealand

Key provisions about Agency

7 Agency established

(1)

An agency called Sport and Recreation New Zealand is established.

(2)

The Agency 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 Agency except to the extent that this Act expressly provides otherwise.

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

Section 7(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

8 Functions

The functions of the Agency are to—

(a)

develop and implement national policies and strategies for physical recreation and sport:

(b)

allocate funds to organisations and regional bodies in line with its policies and strategies:

(c)

promote and advocate the importance of participation in physical activity by all New Zealanders for their health and well-being:

(d)

promote and disseminate research relevant to physical recreation and sport:

(e)

provide advice to the Minister on issues relating to physical recreation and sport:

(f)

promote and support the development and implementation of physical recreation and sport in a way that is culturally appropriate to Māori:

(g)

encourage participation in physical recreation and sport by Pacific peoples, women, older New Zealanders, and people with disabilities:

(h)

recognise the role of physical recreation and sport in the rehabilitation of people with disabilities:

(i)

facilitate the resolution of disputes between persons or organisations involved in physical recreation and sport:

(j)

work with schools, regional, central, and local government, and physical recreation and sports organisations to ensure the maintenance and development of the physical and organisational infrastructure for physical recreation and sport:

(k)

work with health, education, and other agencies to promote greater participation in physical recreation and sport through policy development, advocacy, and support, in line with the objectives of the New Zealand health strategy:

(l)

provide advice and support for organisations working in physical recreation and sport at national, regional, and local levels:

(m)

facilitate co-ordination between national, regional, and local physical recreation and sport organisations:

(n)

represent the Government’s policy interests in physical recreation and sport internationally.

9 Powers

[Repealed]

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

10 Restriction on directions

The Minister may not give a direction to the Agency under section 103 of the Crown Entities Act 2004 in relation to the allocation of funds to, or for the benefit of, any persons, or in relation to a policy, practice, procedure, or decision of the Agency regarding the allocation of funds to, or for the benefit of, any person.

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

11 Minister to publish notices and Ministerial directions

[Repealed]

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

12 Protection of name

(1)

No body may be incorporated or registered, under any enactment or in any other manner,—

(a)

under the name “Sport and Recreation New Zealand”; or

(b)

under any other name that so resembles the name of the Agency as to be likely to mislead any person.

(2)

No person other than the Agency may, either alone or with any other person or persons,—

(a)

trade or carry on business under the name “Sport and Recreation New Zealand”; or

(b)

trade or carry on business under any other name, knowing that the name so resembles the name of the Agency as to be likely to mislead any person.

(3)

Every person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues.

(4)

It is a defence in any prosecution for an offence against subsection (3) if the defendant proves that, either alone or with any other person or persons, the defendant has carried on business continuously under the name to which the prosecution relates from any date before the commencement of this Act.

Section 12(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Key provisions about board

13 Membership of board

(1)

The board must consist of at least 5, but not more than 9, members.

(2)

[Repealed]

(3)

[Repealed]

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

Section 13(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 13(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

14 Appointed members of Hillary Commission deemed to be members of board

[Repealed]

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

15 Chairperson and deputy chairperson

[Repealed]

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

16 Board’s management duty

[Repealed]

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

17 Board’s powers

[Repealed]

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

Nominations advisory group[Repealed]

Heading: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

18 Nominations advisory group

[Repealed]

Section 18: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

19 Functions of nominations advisory group

[Repealed]

Section 19: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

20 Nominations advisory group’s recommendations and advice

[Repealed]

Section 20: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

21 Membership of nominations advisory group

[Repealed]

Section 21: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

22 Nominations advisory group to regulate own procedure

[Repealed]

Section 22: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

Delegation by board

23 Delegation of functions, duties, and powers by board

[Repealed]

Section 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

24 Certain powers must not be delegated

(1)

The board must not delegate any of the following powers:

(a)

[Repealed]

(b)

the power to acquire and dispose of real property:

(c)

[Repealed]

(d)

the power to borrow money:

(e)

the power to act as a trustee or co-trustee of a fund, except to a committee appointed under clause 14 of Schedule 5 of the Crown Entities Act 2004:

(f)

the power to appoint a chief executive.

(2)

In other respects, section 73 of the Crown Entities Act 2004 applies.

Section 24(1)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 24(1)(c): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 24(1)(e): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 24(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

25 Effect of delegation

[Repealed]

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

26 Presumption of acting in accordance with delegation

[Repealed]

Section 26: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

27 Other matters relating to delegation

[Repealed]

Section 27: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Committees[Repealed]

Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

28 Board may appoint committee

[Repealed]

Section 28: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

29 Membership of committee

[Repealed]

Section 29: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

30 Committee to regulate own procedure

[Repealed]

Section 30: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Chief executive of Agency

31 Appointment of chief executive

(1)

The board must appoint a chief executive.

(2)

The chief executive must not be a member of the board.

Section 31(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

32 Good employer

In addition to the matters in section 118(2) of the Crown Entities Act 2004, the personnel policy of the Agency must contain provisions requiring recognition of the aims and aspirations, and the cultural differences, of Pacific Island people and ethnic and minority groups.

Section 32: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

33 Delegation of functions, duties, or powers by chief executive

[Repealed]

Section 33: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Employees and employment of experts[Repealed]

Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

34 Employees

[Repealed]

Section 34: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

35 Appointment of experts

[Repealed]

Section 35: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

36 Personnel policy

[Repealed]

Section 36: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

37 Equal employment opportunities programme

[Repealed]

Section 37: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Superannuation

38 Establishment of superannuation schemes

[Repealed]

Section 38: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

39 Government Superannuation Fund

(1)

A person who, immediately before becoming an employee of the Agency, was a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is, for the purposes of that Act, to be treated as if he or she were employed in the Government service as long as the person continues to be an employee of the Agency.

(2)

The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s service as an employee of the Agency were Government service.

(3)

A person employed by the Agency who ceases to be a contributor to the Government Superannuation Fund is not subsequently entitled to become a contributor.

(4)

For the purposes of applying the Government Superannuation Fund Act 1956 in accordance with subsection (2), controlling authority, in relation to that employee, means the Agency.

40 Employees not in service of the Crown

[Repealed]

Section 40: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Liability of members, committee members, and employees[Repealed]

Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

41 Liability of members, committee members, and employees

[Repealed]

Section 41: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Execution of documents[Repealed]

Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

42 Execution of documents

[Repealed]

Section 42: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

43 Presumption of authority to execute document

[Repealed]

Section 43: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Financial provisions

44 Funds of Agency

[Repealed]

Section 44: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

45 Gifts

(1)

Any person who is not expressly prohibited from doing so by any enactment or by the terms of any trust or endowment may give to the Agency any real property, money, or other personal property.

(2)

[Repealed]

Section 45(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

46 Bank accounts

[Repealed]

Section 46: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

47 Investment of money

[Repealed]

Section 47: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

48 Loans and endowments

(1)

In the exercise of its powers, the Agency may—

(a)

make advances, with or without security, at rates of interest or free of interest, as determined by it; and

(b)

[Repealed]

(c)

establish endowments or create trusts, on terms and conditions and for objects within the purposes of this Act, that the Agency thinks fit; and

(d)

appoint trustees in respect of those endowments and trusts.

(2)

Trustees appointed in respect of a trust established under subsection (1) must keep accounts in any manner directed by the Agency and approved by the Auditor-General.

(3)

The Agency may guarantee, with or without security, advances made by any person to any other person in the circumstances in sections 160 and 163 of the Crown Entities Act 2004.

Section 48(1)(b): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 48(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

49 Agency not to borrow money without consent of Minister of Finance

[Repealed]

Section 49: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

50 Auditor-General to be auditor of Agency

[Repealed]

Section 50: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

51 Annual report

[Repealed]

Section 51: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

52 Agency and trust exempt from tax

(1)

[Repealed]

(2)

The trust is to be treated as having the same tax status as the Agency if—

(a)

all of the trustees of the trust are appointed by the Agency; and

(b)

none of the purposes of the trust is amended without the prior written consent of the Agency.

(3)

In this section,—

trust means the New Zealand High Performance Sports Centres Trust created by deed of trust dated 30 June 2000 between the Hillary Commission and the New Zealand Sports Foundation Incorporated.

Section 52(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 52(3) Inland Revenue Acts: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Part 3 Consequential amendments and repeal

Part 3 heading: replaced, on 3 June 2017, by section 4(2) of the Statutes Repeal Act 2017 (2017 No 23).

Dissolution of Hillary Commission[Repealed]

Heading: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

53 Hillary Commission dissolved

[Repealed]

Section 53: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

54 Assets and liabilities vest in Agency

[Repealed]

Section 54: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

55 Transfer of employees

[Repealed]

Section 55: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

56 Terms and conditions of employment of transferred employees

[Repealed]

Section 56: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

57 Continuity of employment

[Repealed]

Section 57: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

58 Restriction of compensation for technical redundancy

[Repealed]

Section 58: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

59 Final report and accounts

[Repealed]

Section 59: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

60 References to Hillary Commission

[Repealed]

Section 60: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

61 Proceedings of Hillary Commission

[Repealed]

Section 61: repealed, on 3 June 2017, by section 3(2) of the Statutes Repeal Act 2017 (2017 No 23).

Consequential amendments

62 Consequential amendments

The Acts specified in Schedule 4 are amended in the manner indicated in that schedule.

Repeal

63 Repeal of Sport, Fitness, and Leisure Act 1987

The Sport, Fitness, and Leisure Act 1987 (1987 No 13) is repealed.

Schedule 1 Board’s and members’ duties

[Repealed]

s 13(3)

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

Schedule 2 Membership of board

[Repealed]

s 13(3)

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

Schedule 3 Procedure of board

[Repealed]

s 13(3)

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