Families Commission Act Repeal Bill

  • enacted

Families Commission Act Repeal Bill

Government Bill

23—1

Explanatory note

General policy statement

The main purpose of this Bill is to repeal the Families Commission Act 2003 and to disestablish the Families Commission (the Commission), in order to achieve greater effectiveness and efficiencies in the provision of social science research and advocacy for the interests of families generally.

The Commission, operating as Superu, is an autonomous Crown entity within the meaning of the State Sector Act 1988. Some of the Commission’s functions have already been transferred, through non-legislative measures, to the Ministry of Justice, the Ministry of Social Development, and the Social Investment Agency. On the commencement of this legislation, the Commission’s residual responsibilities, liabilities, and assets will be transferred to the Ministry of Social Development.

Departmental disclosure statement

The Ministry of Social Development is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2018&no=23.

Regulatory impact assessment

There is no regulatory impact assessment for this Bill as the Bill has no regulatory impacts.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides for the Bill to commence on the later of 30 June 2018 and the day after the date on which the the Bill receives Royal assent, which will be the day on which the Commission will be disestablished.

Part 1Preliminary provisions

Clause 3 sets out the purposes of the Bill.

Clause 4 is the interpretation clause, which defines terms used in the Bill.

Clause 5 and Schedule 1 provide for transitional, savings, and related provisions.

Clause 6 states that the Bill binds the Crown.

Part 2Disestablishment of Families Commission

Clause 7 repeals the Families Commission Act 2003.

Clause 8 disestablishes the Commission.

Clause 9 relates to the main consequences of the disestablishment of the Commission, namely, the vesting and transfer of residual assets, liabilities, agreements, leases, licence arrangements, and information of the Commission to the Ministry for the time being responsible for the administration of this Act (the Ministry). It is intended that the Ministry of Social Development will be responsible for the administration of this Act.

Clause 10 provides that clause 9 and Schedule 1 do not apply to individual employment agreements or appointments and that all employment and appointment positions with the Commission are dissolved.

Clause 11 gives effect to Schedule 2, which makes consequential amendments to other Acts.

Clause 12 provides for the repeal of this Bill on 30 June 2019, at which time the provisions of the Bill will be spent.

Clause 1 of Schedule 1 provides that any outstanding proceedings or matters involving the Commission are to be determined or completed by the Ministry. It also sets out the effect of the Act with respect to agreements, leases, arrangements, enactments, and any rule of law.

Clause 2 of Schedule 1 sets out the effect of property held by the Commission being vested in the Ministry on registers of land.

Clause 3 of Schedule 1 provides how references in any thing to the Commission are to be treated.

Schedule 2 sets out consequential amendments to other Acts. In particular, it removes the Commission from the list of autonomous Crown entities in Part 2 of Schedule 1 of the Crown Entities Act 2004 and it removes the Commission from the list of organisations in Part 2 of Schedule 1 of the Ombudsmen Act 1975.