7 DECEMBER NEW ZEALAND GAZETTE 4693

Part II

Activities Boards are to Undertake

4. Activities—The activities each Board is to undertake are

(a) To administer the Government’s Business Development Programme;

(b) To provide advice to the Minister on the programme and on business development in its region in accordance with clause 8 of this Code.

5. Business development programme—(1) The aim of the Business Development Programme is to help New Zealand’s SMEs gain access to the information and skills they need to compete effectively in today’s globalised trading environment and so accelerate and sustain economic growth.

(2) The Business Development Programme consists of the following components:

(a) An information component;

(b) A business capability component comprising:
i. A preliminary appraisal exercise
ii. A business training/educative element
iii. A grant scheme
iv. Business Best Practice education and recognition initiatives including the Business Development Quality Awards.

(c) A regional co-operation component.

(3) Boards shall administer the Business Development Programme in accordance with the provisions in this Code (including the Schedule to this Code) and consistently with any purchase agreement entered into between the Minister and the Boards.

6. Co-operation—Boards shall develop relationships and work closely with other enterprise assistance providers in their region. It is the Government’s requirement that all enterprise assistance agencies co-ordinate their activities so as to minimise the potential for overlap in the services each provides whilst maximising effective coverage.

Part III

General

7. Support for domestic industry and purchasing—Each Board shall follow the Government’s public sector agencies purchasing requirements as notified to it from time to time.

8. Advice to the Minister—Each Board shall advise the Minister, on at least a quarterly basis, in relation to:

(a) Significant business developments in its region; and

(b) Significant matters affecting business development in its region.

9. Decision making—(1) Each Board is responsible for making decisions on applications under the Business Development Programme.

(2) Boards may delegate to managers the power to make decisions in relation to grants for preliminary business appraisals under clause 5 (2)(b)(i) of this Code.

(3) Each Board is responsible for ensuring that its decision making processes are fair and reasonable.

(4) Each Board shall set out in writing its priorities for the assistance it gives under the Business Development Programme.

(5) Each Board shall make the priorities it sets under subclause (4) of this clause available to any person who requests them.

(6) In considering applications under the Business Development Programme each Board shall have regard to the priorities set by the Board under subclause (4) of this clause.

10. Reviews—(1) Subject to subclauses (2) and (3) of this clause, the decision of a Board in relation to an application shall be final.

(2) An applicant has the right to request a review from their Board of the process by which a decision is made on an application.

(3) Each Board is responsible for ensuring that it has in place procedures which shall be used when an applicant requests a review of any decision.

11. Suspension of Programme—The Minister may, in writing, instruct any or all Boards to suspend the approval of any or all grants under the Business Development Programme if the Minister is satisfied that such action is necessary to avoid the current financial year’s appropriation for the Business Development Programme being exceeded.

12. Revocation—The following notices and Codes are hereby revoked:

(a) The Code for Business Development Boards 1993 (No. 2) published in the New Zealand Gazette, 6 August 1993, page 2305.

(b) The Code for Business Development Boards 1993 (No. 2), Amendment No. 1, published in the New Zealand Gazette, 24 February 1994, page 907.

(c) The Code for Business Development Boards 1993 (No. 2), Amendment No. 2, published in the New Zealand Gazette, 28 April 1994, page 1452.

(d) The Code for Business Development Boards 1993 (No. 2), Amendment No. 3, published in the New Zealand Gazette, September 1995, page 3098.

13. Transition—(1) Notwithstanding clause 12 of this Code—

(a) All applications for grants under the Business Development Programme Schemes that were received by a Board before the 14th day of September 1995; and

(b) All letters of intent to apply for grants under the Business Development Programme Schemes that were received by a Board before the 14th day of September 1995—

shall be processed by the Board as if this Code had not come into effect.

(2) Notwithstanding clause 12 of this Code, every existing grant shall continue to have effect and shall continue to be administered by the Boards as if this Code had not come into effect.

(3) Notwithstanding clause 12 of this Code, the rights and obligations attaching to existing grants shall continue in force as if this Code had not come into effect.

(4) Notwithstanding clause 12 of this Code—

(a) Where any person had a right of appeal under paragraph 13 of the Schedule to the Code for Business Development Boards 1993 (No. 2) (“the 1993 Code”) that had not expired as at the 14th day of September 1995; or

(b) An appeal had been lodged with the Minister but not determined before the 14th day of September 1995—

the 1993 Code shall continue to apply to that right or to that appeal for the purposes of making or determining the appeal or implementing any decision arising out of that appeal, including the making of a grant in accordance with the 1993 Code, as if this Code had not come into effect.

(5) For the purposes of this clause, the term ‘existing grant’ includes all grants made under the provisions of the 1993 Code, whether before or after the 14th day of September 1995.