This order is the Education (Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council) Order 2021.

This order comes into force on 11 June 2021.

In this order, unless the context otherwise requires,—

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

This clause establishes the Hanga-Aro-Rau Manufacturing, Engineering, and Logistics Workforce Development Council.

The Council covers the specified industries.

When performing its functions under section 366 of the Act, and its additional functions under clause 8, the Council must act in a manner that—

In performing its functions, the Council must give effect to—

When performing its duty under section 369(2)(b) of the Act to have regard to the needs of Māori and other population groups identified in the tertiary education strategy, the Council must consult the persons or bodies it considers on reasonable grounds represent the interests of Māori and those population groups.

The Council may appoint committees to advise it on any matters relating to the performance or exercise of its functions, duties, or powers.

The additional functions of the Council are—

The Council must, at least once every 3 years, issue a statement setting out its strategic direction for the next 5 years.

The statement must include (without limitation)—

Before issuing a statement, the Council must—

The Council must publish a copy of the statement on an Internet site maintained by or on behalf of the Council.

As soon as practicable after the end of each financial year, the Council must provide the specified industries and the Minister with an annual report on the operations and activities of the Council in the performance of its functions during that financial year.

The annual report must include (without limitation)—

The Council comprises 5, 6, or 7 members as determined by the Council and made up as follows:

In addition to the members appointed under subclause (1), the Council may co-opt 1 or 2 persons to be members if necessary to ensure that the Council as a whole has an appropriate mix of skills, leadership, and experience.

As far as is reasonably practicable, at least half (approximately) of the members of the Council must be Māori.

The Council must, in consultation with the specified industries, establish an industry stakeholder group comprising persons who represent a broad range and diversity of views across the specified industries.

A member of the Council cannot be a member of the industry stakeholder group.

The industry stakeholder group must appoint an independent chairperson who must have sufficient knowledge, skill, or experience in te ao Māori (including te reo Māori and mātauranga Māori).

The role of the industry stakeholder group is to—

The group may meet as often as it considers necessary for the effective performance of its role and must meet with the Council at least once each year to discuss the strategic direction.

The industry stakeholder group must appoint a selection panel comprising 5 members from the specified industries, including the chairperson of the industry stakeholder group.

Members of the Council cannot be appointed to the selection panel.

The selection panel must—

The industry stakeholder group must consider the recommendations made by selection panel and appoint as members of the Council those persons who are best suited for appointment as a member, having regard to the matters set out in clause 14.

Before making the appointments, the industry stakeholder group must consult with the Council on the knowledge, skills, and experience necessary to enable the Council to perform its functions.

The industry stakeholder group must appoint as members of the Council persons who have—

When appointing members, the industry stakeholder group must, as far as is reasonably practicable, ensure that the Council has—

The following persons are disqualified from being members:

When making appointments, the industry stakeholder group must specify a term of appointment having regard to the need to maintain continuity in membership of the Council in a calendar year.

A member may be appointed for a period of between 2 and 4 years.

A member may be reappointed if the total of any consecutive or non-consecutive terms does not exceed 8 years.

The Council must appoint 1 or 2 persons to be non-voting associate members of the Council (governance associates) to—

Governance associates may be appointed for a term of up to 2 years.

The Council must appoint 2 of the members to be co-chairpersons, one of whom must be Māori, by notice in writing stating the date on which the appointment takes effect.

When appointing co-chairpersons, the Council must ensure that each co-chairperson has demonstrated a commitment to working with each other as active partners with a shared kaupapa aligned with the functions of the Council.

Each co-chairperson holds that office until—

A person may be reappointed as co-chairperson for a further term.

The co-chairperson may, without resigning as a member, resign from that office by giving written notice to the Council.

The notice of resignation must state the date on which the resignation takes effect.

The Council may, after consulting the person concerned, remove a co-chairperson of the Council from that office by written notice to the person (with a copy to the Council).

The notice of removal must state the date on which the removal takes effect.

The Council must determine a policy relating to the allocation of functions, duties, and responsibilities of the co-chairpersons, including the process for determining—

The industry stakeholder group may revoke the appointment of a member for just cause.

The revocation of appointment must be made by written notice to the member, stating—

The industry stakeholder group may revoke the appointment of a member with as little formality and technicality, and as much expedition, as is permitted by—

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

In subclause (1), just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of any of the collective duties of the Council or the individual duties of members (depending on the seriousness of the breach).

Each member continues in office (unless the member ceases to hold office) until a successor is appointed.

A member may resign from office by written notice to the Council signed by the member.

The resignation takes effect when the Council receives the notice or at any later time specified in the notice.

A member of the Council ceases to hold office if the member—

The Council must fill an ordinary vacancy as soon as practicable using the process by which the departing member was appointed, unless that process is no longer available or applicable to the position.

An extraordinary vacancy occurs when a member dies or ceases to hold office under clause 20(4).

If an extraordinary vacancy occurs within 6 months of the expiry of the vacating member’s term, the Council may—

If an extraordinary vacancy occurs more than 6 months before the expiry of the vacating member’s term, the Council must appoint a replacement member using the process by which the departing member was appointed, unless that process is no longer available or applicable to the position.

A person appointed or elected to fill an extraordinary vacancy holds office only for the remainder of the vacating member’s term.

The powers of the Council are not affected by any vacancy in its membership.

The Council must act in a manner consistent with its functions, duties, and powers.

The Council must perform or exercise its functions, duties, and powers efficiently and effectively.

The Council must operate in a financially responsible manner and, for that purpose, ensure that it prudently manages its assets and liabilities.

A member may not contravene, or cause the contravention of, or agree to the Council contravening, the Act.

A member must, when acting as a member, act with honesty and integrity.

A member must, when acting as a member, act in good faith and not pursue the member’s own interests at the expense of the Council’s interests.

A member must, when acting as a member, exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)—

A member must—

A member must comply with a code of conduct for members issued by the Council.

A member who has information in the member’s capacity as a member that would not otherwise be available to them may not disclose the information to any person, or make use of, or act on, the information, except—

A member’s duties are owed to the Council.

If a member does not comply with their individual duties, the member’s appointment may be revoked.

The Council may bring an action against a member for breach of any individual duty.

A member is not liable for a breach of an individual duty, except as provided in subclauses (2) and (3).

Nothing in this clause limits or affects the member’s accountability for anything else for which the member may be liable under any Act or rule of law arising from the act or omission that constitutes the breach.

A member is not personally liable for any act done or omitted to be done by the Council or any loss to the Council arising out of any act or omission of the member if the act or omission was (as far as the member’s involvement is concerned)—

A person is interested in a matter if the person—

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

The details that must be disclosed are—

A member who is interested in a matter—

In this clause, matter means the Council’s performance of its functions or exercise of its powers or an arrangement or agreement, or a contract made or entered into, or proposed to be made or entered into, by the Council.

The Council must—

The Council must—

The Council—

The general manager—

The general manager may be referred to by any other title that the Council determines.

The Council may, by resolution in writing, delegate any of its functions or powers (except the power to appoint a general manager) to—

The power to delegate may not be further delegated.

The person to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if the delegate were the Council.

A person who purports to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of delegation.

A delegation under this clause—

A co-chairperson may convene meetings to be held at the time and place that the co-chairperson determines, and must give at least 7 days’ notice in writing of those meetings to members.

A meeting may be held by means of electronic communication.

The quorum for a meeting is 75% of the members then holding office, rounded up to the nearest whole number.

All questions arising at any meeting must be decided by a majority of those members present, with the co-chairperson for the meeting having a casting vote.

However,—

The Council must determine the criteria for assessing whether a matter is likely to have a significant effect.

A resolution in writing signed by a majority of members is as valid as if it had been passed at a meeting of those members.

An irregularity in a notice of a meeting is waived if all members entitled to receive the notice—

Subject to this clause, the Council may determine its own procedures for regulating meetings and conducting its affairs.