Meteorological Services (Acquisition and Policies) Legislation Amendment Bill

Meteorological Services (Acquisition and Policies) Legislation Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This Bill is an omnibus Bill that amends more than 1 Act and is introduced under Standing Order 267(1)(a) because the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. The purpose of this Bill is to allow for the acquisition of the Meteorological Service of New Zealand Limited ( MetService ) by the New Zealand Institute for Earth Science Limited ( NZIES ) and to require NZIES to publish its access policy for observational weather data. MetService is the designated provider of severe weather forecasts and warnings for New Zealand under the Meteorological Services Act 1990 and it is currently a State-owned enterprise. Its purpose is to help people stay safe and make informed decisions based on timely and accurate weather forecasts, including during severe weather events. In April 2025, as a result of the independent Weather Forecasting System Review, the Government agreed for the National Institute of Water and Atmospheric Research Limited ( NIWA ) to acquire MetService as a wholly-owned subsidiary. The Government had previously made an in-principle decision for acquisition in September 2024. In May 2025, the Government announced the amalgamation of NIWA and the Institute of Geological and Nuclear Sciences Limited ( GNS Science ) to form NZIES. NZIES was established on 1 July 2025, and its purpose includes improving resilience to natural hazards and climate-related risks. Given the timing of the amalgamation, NZIES (instead of, and as a successor to, NIWA) will acquire MetService as a wholly-owned subsidiary. The Government's objective is to bring meteorology, climate science, hydrology, and oceanography together to create a stronger, more connected weather forecasting system to improve New Zealand’s resilience to severe weather events. This will be achieved through combining the capabilities of MetService and NZIES, which this Bill enables. There is also a new requirement to publish a weather data access policy. The Bill makes the following key amendments: it amends the State-Owned Enterprises Act 1986 to remove the listing of MetService as a State enterprise. This is necessary to allow the acquisition of MetService by NZIES, as shareholding Ministers of State enterprises are restricted from transferring their shares. The Bill also includes savings and transitional provisions related to MetService ceasing to be a State enterprise: it exempts the acquisition of MetService by NZIES from Part 3 of the Commerce Act 1986: it amends the Crown Research Institutes Act 1992 to require NZIES (a Crown Research Institute) to publish its access policy for observational weather data: it includes transitional provisions to ensure that contracts, rights, and obligations are not affected merely by the acquisition of MetService, or by MetService ceasing to be a State enterprise: it amends the State-Owned Enterprises (Meteorological Service of New Zealand Limited and Vehicle Testing New Zealand Limited) Amendment Act 1999 to repeal certain provisions in that Act that will become redundant when this Bill is enacted: it makes consequential amendments to the Income Tax Act 2007, the Official Information Act 1982, and the Ombudsmen Act 1975, in which MetService is listed by reason of being a State enterprise. Despite the Bill removing MetService’s listing from the Official Information Act 1982 and the Ombudsmen Act 1975, these Acts will continue to apply to MetService, as a result of it becoming a “related company of a Crown Research Institute” upon acquisition by NZIES. DEPARTMENTAL DISCLOSURE STATEMENT The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2025&no=211 REGULATORY IMPACT STATEMENT The Ministry of Business, Innovation, and Employment produced a regulatory impact statement in January 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. A copy of this regulatory impact statement can be found at— https://www.mbie.govt.nz/dmsdocument/30855-weather-forecasting-system-implementation-recommendations-regulatory-impact-statement-proactiverelease-pdf https://www.regulation.govt.nz/our-work/regulatory-impact-statements/ CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 provides for the Bill to come into force on the day after Royal assent, except for clause 9(2) , which comes into force 3 months after Royal assent. AMENDMENTS TO STATE-OWNED ENTERPRISES ACT 1986 AND RELATED AMENDMENTS Clause 3 provides that sections 4 to 7 amend the State-Owned Enterprises Act 1986 (the principal Act ). Clause 4 inserts new section 2A into the principal Act to provide for transitional and savings provisions. Clause 5 inserts new Schedule 1AA into the principal Act. New Schedule 1AA contains transitional and savings provisions. In particular, the schedule provides that certain legal and contractual matters continue despite MetService ceasing to be a State enterprise listed in Schedules 1 and 2 of the principal Act. For example, the Schedule— continues to apply certain provisions of the principal Act to MetService as if it were a State enterprise (eg, provisions relating to shareholding Ministers and the transfer of assets and land); and provides that contractual matters are not affected by MetService ceasing to be a State enterprise (nor by the acquisition of MetService by NZIES); and continues the application of the Government Superannuation Fund to MetService employees. Clause 6 amends Schedule 1 of the principal Act to remove the listing of MetService as a State enterprise. Clause 7 amends Schedule 2 of the principal Act to remove the listing of MetService as a new State enterprise. Clause 8 revokes the State-Owned Enterprises Order 1992. Clause 9 and Schedule 2 provide for amendments to the Income Tax Act 2007, the Official Information Act 1982, and the Ombudsmen Act 1975 as a consequence of the removal of MetService from the lists in Schedules 1 and 2 of the State-Owned Enterprises Act 1986. AMENDMENTS TO OTHER LEGISLATION AMENDMENT TO COMMERCE ACT 1986 Clause 11 amends Schedule 1AA of the Commerce Act 1986 to provide that Part 3 of that Act does not apply to the acquisition of MetService by NZIES. AMENDMENTS TO CROWN RESEARCH INSTITUTES ACT 1992 Clause 12 provides that subpart 2 of Part 2 amends the Crown Research Institutes Act 1992 (the principal Act ). Clause 13 inserts new section 2A into the principal Act to provide for transitional and savings provisions. Clause 14 inserts new section 42A into the principal Act to require NZIES to publish its policy on how people may access its observational weather data. Clause 15 inserts new Schedule 1AA into the principal Act. New Schedule 1AA requires NZIES to publish its first access policy for observational weather data within 3 months after this Bill receives Royal assent. AMENDMENTS TO STATE-OWNED ENTERPRISES (METEOROLOGICAL SERVICE OF NEW ZEALAND LIMITED AND VEHICLE TESTING NEW ZEALAND LIMITED) AMENDMENT ACT 1999 Clauses 17 and 18 amend sections 1 and 3 of the State-Owned Enterprises (Meteorological Service of New Zealand Limited and Vehicle Testing New Zealand Limited) Amendment Act 1999 to remove provisions that will become redundant when this Bill commences. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Meteorological Services (Acquisition and Policies) Legislation Amendment Act 2025 . 2 Commencement This Act comes into force on the day after Royal assent. However, section 9(2) comes into force 3 months after Royal assent. 3 Principal Act Sections 4 to 7 amend the State-Owned Enterprises Act 1986. 4 New section 2A inserted (Transitional, savings, and related provisions) After section 2, insert: 2A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms. 5 New Schedule 1AA inserted Insert the Schedule 1AA set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act. 6 Schedule 1 amended In Schedule 1, repeal the item relating to the Meteorological Service of New Zealand Limited. 7 Schedule 2 amended In Schedule 2, repeal the item relating to the Meteorological Service of New Zealand Limited. 8 Order revoked The State-Owned Enterprises Order 1992 (SR 1992/181) is revoked. 9 Consequential amendments Amend the legislation specified in Part 1 of Schedule 2 as set out in that Part. Amend the legislation specified in Part 2 of Schedule 2 as set out in that Part. 10 Principal Act This subpart amends the Commerce Act 1986. 11 Schedule 1AA amended In Schedule 1AA,— a insert the Part set out in Schedule 3 of this Act as the last Part; and b make all necessary consequential amendments. 12 Principal Act This subpart amends the Crown Research Institutes Act 1992. 13 New section 2A inserted (Transitional, savings, and related provisions) After section 2, insert: 2A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms. 14 New section 42A inserted (Publishing of access policy for observational weather data) After section 42, insert: 42A Publishing of access policy for observational weather data 1 The New Zealand Institute for Earth Science must publish an access policy for observational weather data on an Internet site that it maintains or that is maintained on its behalf. 2 An access policy for observational weather data must contain the following information for commercial and non-commercial users: a terms of access to observational weather data, including the following: i any restrictions on downloading or use of data: ii any obligations imposed on users when accessing data: iii any eligibility criteria for users: b information on how a user may access observational weather data, including the following: i how a user can request access to observational weather data: ii how a request will be reviewed: iii how a user may receive the requested observational weather data: iv any applicable time frames for processing a request: c pricing principles for access to observational weather data (which do not need to include detailed pricing calculations): d any differences under paragraphs (a) to (c) for commercial, non-commercial, or other classes of users. 3 If the New Zealand Institute for Earth Science changes its access policy for observational weather data,— a it must publish the updated policy in accordance with subsections (1) and (2) ; and b the updated policy takes effect once it is published. 4 In this section,— New Zealand Institute for Earth Science means the company registered as the New Zealand Institute for Earth Science Limited observational weather data — a means weather data collected from a surface instrument, marine instrument, upper air instrument, or remote sensing instrument; and b includes data that has been processed to support access, use, and ongoing data management; but c does not include information or products that have been developed using the collected data (for example, images, forecasts, and models). 15 New Schedule 1AA inserted Insert the Schedule 1AA set out in Schedule 4 of this Act as the first schedule to appear after the last section of the principal Act. 16 Principal Act This subpart amends the State-Owned Enterprises (Meteorological Service of New Zealand Limited and Vehicle Testing New Zealand Limited) Amendment Act 1999. 17 Section 1 amended (Short Title and commencement) Repeal section 1(3) and (4). 18 Section 3 repealed (Provision for Meteorological Service of New Zealand Limited to cease to be State enterprise) Repeal section 3. 1 New Schedule 1AA inserted into State-Owned Enterprises Act 1986 1AA s 2A Transitional, savings, and related provisions 1 Provisions relating to Meteorological Services (Acquisition and Policies) Legislation Amendment Act 2025 1 Interpretation In this Part,— amendment Act means the Meteorological Services (Acquisition and Policies) Legislation Amendment Act 2025 Crown entity has the same meaning as in section 7 of the Crown Entities Act 2004 MetService means the company registered as the Meteorological Service of New Zealand Limited NZIES means the company registered as the New Zealand Institute for Earth Science Limited. 2 Certain provisions continue to apply to MetService 1 Despite the removal of the name of the Meteorological Service of New Zealand Limited from Schedules 1 and 2 of this Act by sections 6 and 7 of the amendment Act, the sections and instruments specified in subclauses (2) and (3) continue to apply to MetService in the manner specified in those subclauses. 2 If Ministers of the Crown remain as shareholders in MetService on behalf of the Crown, section 22 continues to apply to MetService as if— a MetService were a State enterprise; and b the Minister of Finance and the Minister responsible for MetService while it was a State enterprise were the shareholding Ministers for MetService. 3 Sections 23 to 30 and any Order in Council made or notice given in the Gazette at any time under those sections continue to apply as if— a MetService were a State enterprise and a company named in Schedule 2 of this Act; and b the Minister of Finance and the Minister responsible for MetService while it was a State enterprise were the shareholding Ministers for MetService. 4 Subclause (3) applies regardless of whether all or any shares in MetService are held by Ministers of the Crown on behalf of the Crown. 3 Certain matters not affected by removal of MetService from Schedules 1 and 2 or acquisition of MetService by NZIES 1 The removal of the name of the Meteorological Service of New Zealand Limited from Schedules 1 and 2 of this Act by sections 6 and 7 of the amendment Act and the acquisition of MetService by NZIES do not in themselves— a give rise to a right for a person to terminate or cancel a lease, contract, or arrangement or to accelerate the performance of an obligation; or b release a surety wholly or in part from an obligation; or c invalidate or discharge a contract or security; or d give rise to a claim for breach of contract; or e break a person’s employment for the purposes of a provision of an employment contract relating to continuity of service; or f give rise to a claim for, or entitle a person to compensation for, redundancy or a severance payment. 2 Subclause (1) does not apply to a termination of employment specifically agreed to by the board of directors of MetService. 4 Minister of the Crown may exercise rights and powers of the Crown A Minister of the Crown who holds shares in MetService on behalf of the Crown may exercise all or any of the Crown’s rights and powers as the holder of those shares. 5 Continuation of Government Superannuation Fund for MetService employees 1 An employee of MetService who, immediately before section 5 of the amendment Act comes into force, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is treated as being employed in the Government service as long as— a the employee continues to be employed at MetService while MetService remains— i a Crown entity; or ii wholly owned by one of the following: A the Crown: B a company that is wholly owned by the Crown; or b the employee is employed by NZIES as a result of— i an amalgamation between NZIES and MetService; or ii a transfer of activities from MetService to NZIES. 2 The Government Superannuation Fund Act 1956 applies to the employee in all respects as if the employee’s service as an employee of MetService or NZIES were Government service. 3 Subclause (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor. 4 For the purpose of applying the Government Superannuation Fund Act 1956, the controlling authority in relation to contributors under subclause (1) is— a the chief executive of MetService, if the employee is employed by MetService; or b the chief executive of NZIES, if the employee is employed by NZIES. 1AA Transitional, savings, and related provisions 2 Consequential amendments relating to amendments to State-Owned Enterprises Act 1986 After section CW 38(5)(e), insert: f Meteorological Service of New Zealand Limited. In section YA 1, definition of special corporate entity , after paragraph (g), insert: ga the Meteorological Service of New Zealand Limited: In Schedule 36, Part A, repeal the item relating to the Meteorological Service of New Zealand Limited. In Schedule 1, repeal the item relating to the Meteorological Service of New Zealand Limited. In Schedule 1, Part 2, repeal the item relating to the Meteorological Service of New Zealand Limited. 3 New Part 6 inserted into Schedule 1AA of Commerce Act 1986 6 Provisions relating to Meteorological Services (Acquisition and Policies) Legislation Amendment Act 2025 28 Interpretation In this Part, MetService means the company registered as the Meteorological Service of New Zealand Limited. 29 Part 3 of this Act does not apply to acquisition of MetService Part 3 of this Act does not apply to the acquisition of MetService by the New Zealand Institute for Earth Science Limited. 4 New Schedule 1AA inserted into Crown Research Institutes Act 1992 1AA s 2A Transitional, savings, and related provisions 1 Provisions relating to Meteorological Services (Acquisition and Policies) Legislation Amendment Act 2025 1 Publication of first access policy for observational weather data 1 The New Zealand Institute for Earth Science Limited must publish its first access policy for observational weather data in accordance with section 42A within 3 months after the date of Royal assent of the Meteorological Services (Acquisition and Policies) Legislation Amendment Act 2025 . 2 The access policy takes effect once it is published. 1AA Transitional, savings, and related provisions