Part 3Amendments to other legislation
Clauses 39 and 40 amend section 7(1)(e) of the Crown Entities Act 2004, which defines a tertiary education institution for the purposes of that Act, to exclude a wānanga that is not a Crown entity from the definition.
Clauses 41 and 42 amend the definition of tertiary education institution in section YA 1 of the Income Tax Act 2007 to ensure that wānanga established under new Part 4A of the Education and Training Act 2020 are exempt from paying income tax (as is currently the case for existing wānanga established under Part 4 of that Act).
Clauses 43 and 44 amend Part 2 of Schedule 2 of the Local Government Official Information and Meetings Act 1987 to provide that Part 7 of that Act applies to wānanga established under new Part 4A of the Education and Training Act 2020.
Clauses 45 and 46 amend Part 2 of Schedule 1 of the Ombudsmen Act 1975 to provide that both that Act and the Official Information Act 1982 will apply to wānanga established under new Part 4A of the Education and Training Act 2020.
Clauses 47 and 48 amend section 32E(2)(k) of the Tax Administration Act 1994 to ensure that wānanga established under new Part 4A of the Education and Training Act 2020 are exempt from paying resident withholding tax (as is currently the case for existing wānanga established under Part 4 of that Act).
The Schedule sets out new Part 5 being inserted into Schedule 1 of the principal Act.
Subpart 1 of new Part 5 (new clauses 89 to 108) deals with transitional matters relating to the new wānanga-enabling framework.
New clause 89 continues existing wānanga and provides that those wānanga are to be treated as if they were established as Crown entities under new Part 4A.
New clause 90 provides for the reconstitution of a wānanga continued under clause 89 by Order in Council.
New clause 91 deals with the initial membership of the council of a reconstituted wānanga and provides that, before the date of reconstitution, each person or body responsible for appointing or electing members to the reconstituted wānanga’s council may appoint or elect the number of members of the reconstituted council required by its constitution to be appointed or elected by that person or body.
New clause 92 provides that on the date of reconstitution of the council of a wānanga all members of the council immediately before that date go out of office and all the people appointed or elected as members of the council before that date under clause 91 take up office.
New clause 93 clarifies that a reconstituted wānanga and its council are the same institution and council that existed immediately before the date of reconstitution.
New clause 94 provides for a wānanga that is a Crown entity (established under new section 398E or continued under new clause 89) to convert to a wānanga that is not Crown entity by Order in Council.
New clause 95 provides that, if a wānanga that is a Crown entity converts to a wānanga that is not Crown entity under clause 94, the members of the council of the wānanga immediately before the conversion date go out of office and no compensation is payable to a member for the loss of office.
New clause 96 deals with the transfer of rights, assets, and liabilities of converted wānanga and provides that, on and after the date of conversion, they vest in the wānanga that is not a Crown entity.
New clause 97 clarifies that for the purposes of Inland Revenue Acts a wānanga that is not a Crown entity must, on and from the date of conversion, be treated as the same person as the wānanga it replaces.
New clause 98 deals with the transfer of employees of a wānanga that was a Crown entity and provides that, on and after the date of conversion, they become employees of the wānanga that is not a Crown entity.
New clause 99 deals with superannuation entitlements of persons who, immediately before becoming employees of a wānanga that is not a Crown entity, were employees of a wānanga that was a Crown entity and were contributors to the Government Superannuation Fund.
New clause 100 deals with the transfer of students enrolled at a wānanga that was a Crown entity immediately before its date of conversion to a wānanga that is not a Crown entity and provides that they must be treated as having been enrolled at the wānanga that is not a Crown entity.
New clause 101 deals with the status of visas granted under the Immigration Act 2009 in respect of students and staff members of a wānanga that was a Crown entity and provides that after its conversion any reference to the wānanga that was a Crown entity in a condition imposed on the visa must be read as a reference to the wānanga that is not a Crown entity.
New clause 102 deals with existing approvals, accreditations, and consents granted by NZQA to a wānanga that was a Crown entity and in effect immediately before the date of its conversion to a wānanga that is not a Crown entity. It provides that these continue to apply as if they had been granted to a wānanga that is not a Crown entity.
New clause 103 deals with funding payable by TEC to a wānanga that was a Crown entity before its conversion to a wānanga that is not a Crown entity and provides that TEC must treat the funding as if it were payable to the wānanga that is not a Crown entity, subject to certain exceptions.
New clause 104 provides that, on and after the date of conversion, every reference to the wānanga that was a Crown entity in any enactment (other than the principal Act) or a document must be read as a reference to the wānanga that is not a Crown entity.
New clause 105 deals with the transfer of any legal proceedings and the completion of other matters.
New clause 106 provides that a wānanga that is not a Crown entity that is converted from a wānanga that is a Crown entity must provide a final report to the Minister in relation to the wānanga that was a Crown entity.
New clause 107 validates any action or process undertaken by a wānanga that was a Crown entity before the date of conversion when appointing members to the council of the wānanga that is not a Crown entity if the actions or processes substantially comply with the principal Act and the provisions of the relevant Order in Council establishing the wānanga that is not a Crown entity.
New clause 108 provides that the membership of the council of a wānanga that is not a Crown entity is reduced until the date on which each member referred to in the membership provisions of the relevant Order in Council is appointed to the council.
Subpart 2 of new Part 5 (new clause 109) deals with the timing of mid-term elections of board members who are parent representatives that fall due after the main commencement of the Bill. New clause 109 provides that despite clause 4(3) of Schedule 23, the board must hold the next mid-term election of those representatives in November 2023.