Sport and Recreation New Zealand Act 2002
Version as at 1 July 2024
Sport and Recreation New Zealand Act 2002
Public Act |
2002 No 38 |
|
Date of assent |
17 October 2002 |
|
Commencement |
see section 2 |
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by Ministry for Culture and Heritage.
Contents
1 Title
This Act is the Sport and Recreation New Zealand Act 2002.
2 Commencement
(1)
This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
(2)
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
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 4 of the Pae Ora (Healthy Futures) Act 2022
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).
Section 5 New Zealand health strategy: replaced, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
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 (other than disputes to which the Integrity Sport and Recreation Act 2023 applies) 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.
Section 8(i): amended, on 1 July 2024, by section 61 of the Integrity Sport and Recreation Act 2023 (2023 No 48).
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]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]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]Schedule 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Schedule 4 Enactments amended
Estate and Gift Duties Act 1968 (1968 No 35)
Amendment(s) incorporated in the Act(s).
Flags, Emblems, and Names Protection Act 1981 (1981 No 47)
Amendment(s) incorporated in the Act(s).
Gaming and Lotteries Act 1977 (1977 No 84)
Amendment(s) incorporated in the Act(s).
Income Tax Act 1994 (1994 No 164)
Amendment(s) incorporated in the Act(s).
New Zealand Sports Drug Agency Act 1994 (1994 No 75)
Amendment(s) incorporated in the Act(s).
Ombudsmen Act 1975 (1975 No 9)
Amendment(s) incorporated in the Act(s).
Public Bodies Contracts Act 1959 (1959 No 98)
Amendment(s) incorporated in the Act(s).
Public Finance Act 1989 (1989 No 44)
Amendment(s) incorporated in the Act(s).
Racing Act 1971 (1971 No 155)
Amendment(s) incorporated in the Act(s).
Notes
1 General
This is a consolidation of the Sport and Recreation New Zealand Act 2002 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Integrity Sport and Recreation Act 2023 (2023 No 48): section 61
Pae Ora (Healthy Futures) Act 2022 (2022 No 30): section 104
Secondary Legislation Act 2021 (2021 No 7): section 3
Statutes Repeal Act 2017 (2017 No 23): section 3(2), 4(2)
Criminal Procedure Act 2011 (2011 No 81): section 413
Crown Entities Act 2004 (2004 No 115): section 200
Sport and Recreation New Zealand Act Commencement Order 2002 (SR 2002/376)