Clause 3 provides that Part 1 amends the Ngarimu VC and 28th (Māori) Battalion Memorial Scholarship Fund Act 1945.

Clause 4 amends section 4, which establishes the Ngarimu VC and 28th (Māori) Battalion Memorial Scholarship Fund Board (the Board). The amendments—

• insert new section 4(2)(h), which provides for a person who is Māori and has served or is currently serving in the New Zealand Defence Force to be an additional member of the Board:

• insert new section 4(3A), which confirms the status of the Board as the successor of the 28th Maori Battalion (NZ) Association Incorporated, as provided for in the deed of assignment dated 14 April 2016.

Clause 5 amends section 7, which relates to the functions of the Board, by replacing subsection (1) with new subsections (1) and (1A). The amendments—

• clarify that the Board’s general functions are to administer the Ngarimu VC and 28th (Māori) Battalion Memorial Scholarship Fund established by section 3 and to perform or exercise any other function, duty, or power conferred on it by or under other legislation; and

• reference the Board’s function of approving persons, classes of persons, or associations who may use any emblem, words, name, title, style, or designation relating to the 28th Māori Battalion or the 28th Maori Battalion (NZ) Association under section 18A(3)(b)(iv) of the Flags, Emblems, and Names Protection Act 1981.

Clauses 6 and 7 and Schedule 1 consequentially amend Schedule 2A of the Flags, Emblems, and Names Protection Act 1981 to update the schedule heading and to insert an emblem relating to the 28th Māori Battalion.

Clause 8 provides that Part 2 amends the Pacific Education Foundation Act 1972 (the principal Act).

Clause 9 amends section 2, which defines terms used in the principal Act. The amendments insert several new definitions, including a definition of the term Aotearoa Pacific person, which replaces the existing term Pacific person. The effect of the new definition of Aotearoa Pacific person is to enable a person living in New Zealand and who is a New Zealand citizen, has been granted permanent residence, or has been permitted to enter New Zealand with the intention of gaining permanent residence and who has indigenous Pacific cultural heritage from a place listed in Schedule 3 to be eligible for assistance from the Pacific Education Foundation (the Foundation).

Clause 10 amends section 4, which relates to the establishment and continuation of the Foundation. The amendment inserts new section 4(4), which provides that by establishing and continuing the Foundation, the principal Act recognises the unique relationship that the Crown has with the Cook Islands, Niue, and Tokelau and, through the Treaty of Friendship, with Samoa.

Clause 11 replaces section 5, which sets out the general purpose of the Foundation, to better reflect its role in promoting and encouraging the better education of Aotearoa Pacific people.

Clause 12 amends section 8, which relates to the constitution and membership of the Board of the Foundation (the Board). The amendments update section 8 by—

• removing from membership of the Board the manager at the Ministry of Education (the Ministry) who has responsibility for the education of Pacific peoples:

• increasing from 5 to 6 the number of members jointly appointed by the Minister of Education (the Minister) and the Minister for Pacific Peoples after consultation with Pacific communities:

• requiring Board members appointed under section 8(2)(d) to be resident in New Zealand during their term of office:

• removing the ability of Board members appointed jointly by the Minister and the Minister for Pacific Peoples to authorise another person to attend a meeting of the Board in their place:

• increasing the term of office of Board members from 3 years to up to 4 years.

Clause 13 replaces section 8A with new sections 8A and 8B. The amendments provide that the Minister and the Minister for Pacific Peoples, acting jointly, may—

• appoint the chairperson and deputy chairperson of the Board; and

• provide a letter of expectations to the Board.

Clause 14 replaces section 10(1), which requires the Board to hold a meeting at least once a year. New section 10(1) increases the minimum number of meetings of the Board to at least 3 each year.

Clause 15 amends section 24, which authorises expenditure of the Board’s income. The amendments update terminology and increase the maximum amount that the Board may spend on matters not specifically listed in the principal Act from $500 to $10,000 each financial year.

Clause 16 replaces section 30, which requires the Board to provide the Minister and the Minister for Pacific Peoples with an annual report on its proceedings and operations in the previous financial year. New section 30 updates the reporting requirement so that the report must include information about the advice the Foundation has provided to, or interactions it has had with, the Ministry and other education agencies in that financial year.

Clause 17 inserts new section 35, which provides for the places of indigenous Pacific cultural heritage listed in new Schedule 2 to be updated by Order in Council.

Clause 18 and Schedule 2 amend Schedule 1, which sets out transitional, savings, and related provisions for the principal Act by making a drafting amendment and inserting a new Part 2 into the schedule. New Part 2 sets out a transitional provision that applies to a member of the Board holding office under section 8(2)(d) immediately before commencement of the Bill and provides that—

• the member continues in office but only for the remainder of the term for which they were originally appointed; and

• nothing in new section 8(2A) (which requires Board members appointed under section 8(2)(d) to be resident in New Zealand during their term of office) applies to the member during the remainder of that term.

Clause 19 and Schedule 3 insert new Schedule 2, which sets out a list of places from which a person may have indigenous Pacific cultural heritage for the purposes of the new definition of Aoteoroa Pacific person.

Clause 20 provides that clause 21 amends the Children’s (Requirements for Safety Checks of Children’s Workers) Regulations 2015.

Clause 21 amends Part 2 of the Schedule, which lists secondary identity documents that may be produced by a person in respect of whom a specified organisation is undertaking a safety check, to replace the reference to 18+ card with a reference to Kiwi Access card (18+ card).

Clause 22 provides that clause 23 amends the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016.

Clause 23 amends regulation 51, which currently requires a person conducting a business or undertaking (a PCBU) who operates a limited-attendance child-care centre to apply for a Police vet of every worker they employ or engage, or intend to employ or engage, no later than 2 weeks after the worker begins working at the centre. The amendments adjust the heading to the provision and replace regulation 51(1) to require the PCBU to obtain the Police vet before the person begins working at the centre and to consider the Police vet to assess whether the person would pose a risk to the safety of children if they were to carry out work at the centre.