75Recognition of essential infrastructure providers

1. The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 3 to—

2. recognise an entity as an essential infrastructure provider:
3. recognise a class of entities as essential infrastructure providers:
4. amend the name or description of an entity or a class of entities recognised as essential infrastructure providers:
5. remove the recognition of an entity or a class of entities.

6. In order to make a recommendation under subsection (1), the Minister must,—

7. in the case of recognising, or amending the recognition of, an entity or a class of entities, be satisfied that the entity or class of entities provides, or is responsible for providing, essential infrastructure; and
8. consider—
   1. any potential negative implications, effects, or costs of recognising or removing recognition of the entity or entities, including for the entity or entities; and
   2. New Zealand’s international obligations (to the extent relevant).

9. Before making a recommendation under subsection (1), the Minister must—

10. consult the Director-General; and
11. having regard to the nature of the entity or entities that are proposed to be recognised or removed from recognition, take all practicable steps to consult the persons, or the representatives of the persons, that the Minister considers will be substantially affected by the recommendation.

12. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).