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Regulatory Standards Bill

Information for regulatory reviews

Schedule 2: Other provisions relating to board and its members

You could also call this:

"Rules for the people who make decisions about laws"

The proposed bill outlines rules for a board and its members. Members would serve for 3 years or less and could be reappointed. The regulatory standards Minister could remove a member at any time. Members could resign by giving written notice.

Members would have to follow the board's collective duty and their individual duties. They must be impartial, act in good faith, and use reasonable care in their work. If a member has an interest in a matter related to the board, they must tell everyone about it and not take part in decisions about it.

The board would set its own rules for how it works. Members would get paid for their work and be paid back for expenses. The regulatory standards Ministry would give the board the support it needs to do its job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1029053.

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Schedule 1: Transitional, savings, and related provisions, or

"How the new rules will start and what happens to old rules"

2Other provisions relating to board and its members Empowered by s 40

1Term of office of members

  1. A member holds office for 3 years or any shorter period stated in the notice of appointment.

  2. A member may be reappointed.

  3. A member continues in office despite the expiry of their term of office until—

  4. the member is reappointed; or
    1. the member’s successor is appointed; or
      1. the regulatory standards Minister informs the member by written notice that the member is not to be reappointed and no successor is to be appointed at that time.

        2Removal of members

        1. The regulatory standards Minister may, at any time and entirely at their discretion, remove a member from office.

        2. The removal must be made by written notice to the member.

        3. The notice must state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received.

        4. The Minister must notify the removal in the Gazette as soon as practicable after giving the notice.

        3Resignation of members

        1. A member may resign from office by written notice to the regulatory standards Minister signed by the member.

        2. The resignation is effective when the Minister receives the notice or at any later time specified in the notice.

        4No compensation for loss of office

        1. A member is not entitled to any compensation or other payment or benefit relating to their ceasing, for any reason, to hold office as a member.

        5Accountability of members to Minister

        1. Members must comply with—

        2. the board’s collective duty; and
          1. their individual duties as members.

            1. Members are accountable to the regulatory standards Minister for performing their duties as members.

            6Collective duty of board

            1. The board must ensure that it—

            2. performs its functions efficiently and effectively; and
              1. acts in a manner consistent with the purpose of this Act.

                7Member must be impartial

                1. A person may not act as a member in relation to a matter if there are reasonable grounds to believe that the person may not be—

                2. impartial; or
                  1. able to consider the matter without a predetermined view.

                    8Member must act in good faith

                    1. A member, when acting as a member, must act in good faith and without regard to the member’s own interests.

                    9Member must act with reasonable care, diligence, and skill

                    1. A member must, when acting as a member, exercise the care, diligence, and skill that a reasonable member would exercise in the same circumstances.

                    10Obligation to disclose interest

                    1. A member who is interested in a matter relating to the board must disclose details of the interest as soon as practicable after the member becomes aware that they are interested.

                    2. A general notice of an interest in a matter relating to the board, or in a matter that may in future relate to the board, that is disclosed in accordance with this clause is a standing disclosure of that interest for the purposes of this clause.

                    3. A standing disclosure ceases to have effect if the nature of the interest materially alters or the extent of the interest materially increases.

                    4. The member must disclose details of the interest in an interests register kept by the board and to the regulatory standards Minister.

                    5. In this clause and clauses 11 and 12, matter and interested have the same meaning as in section 62 of the Crown Entities Act 2004 (applied with all necessary modifications).

                    11What must be disclosed

                    1. The details that must be disclosed under clause 10 are—

                    2. the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or
                      1. the nature and extent of the interest (if the monetary value cannot be quantified).

                        12Consequences of being interested in matter

                        1. A member who is interested in a matter relating to the board—

                        2. must not vote or take part in any discussion or decision of the board relating to the matter or otherwise participate in any activity of the board that relates to the matter; and
                          1. is to be disregarded for the purpose of forming a quorum for that part of a meeting of the board during which a discussion or decision relating to the matter occurs or is made.

                            13Use of information

                            1. A member who has information in their capacity as a member, being information that would not otherwise be available to the member, must not disclose that information to any person, or make use of or act on the information, except—

                            2. for the purposes of the performance or exercise of the functions or powers of the board; or
                              1. as otherwise required by law.

                                14Protection from liability

                                1. No member is liable for anything that the member may do or say or fail to do or say in the course of the operations of the board, unless it is shown that the member acted in bad faith.

                                15Procedure generally

                                1. The board may regulate its own procedure except as provided in this Act.

                                16Remuneration of members

                                1. A member is entitled to be—

                                2. paid remuneration by the regulatory standards Ministry for services as a member at a rate and of a kind determined by the regulatory standards Minister in accordance with the fees framework; and
                                  1. reimbursed by the regulatory standards Ministry for actual and reasonable travelling and other expenses incurred in carrying out the member’s duties as a member in accordance with the fees framework.

                                    1. In this section, fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

                                    17Ministry must provide resources and administrative support

                                    1. The regulatory standards Ministry must provide the resources and administrative support necessary to enable the board to perform its functions.

                                    2. Any information held by the board is held by the regulatory standards Ministry for the purposes of the Official Information Act 1982.