(1) The purpose of this Schedule is to prescribe how organisations may adopt the Integrity Code.

(2) For the purposes of this Schedule, an organisation means any body of persons, whether incorporated or unincorporated, with its primary purpose being to provide:

(a) opportunities for participation in sport or organised physical recreation; or

(b) services to organisations described in paragraph (a) or to participants (eg, participant associations, the New Zealand Olympic Committee Incorporated, Paralympics New Zealand).

(1) An organisation may adopt the Integrity Code in the manner provided in this Schedule.

(2) The organisation initiates the process for adoption of the Integrity Code.

(3) The Commission provides a reasonable level of support to an organisation that notifies the Commission of its intention to adopt the Integrity Code.

(4) The Commission publishes the list of organisations that have adopted the Integrity Code.

(5) Where an organisation fails to comply with this Schedule, any statement in a constitution (or equivalent governing document), resolution or policy that purports to have adopted the Integrity Code is invalid.

(6) For the avoidance of doubt, a body of persons that is a member of the organisation that adopts the Integrity Code, or a body of persons that otherwise agrees to the application of the Integrity Code, does not need to adopt the Integrity Code in accordance with this Schedule.

(1) An organisation must provide the Commission written notice of its intention to adopt the Integrity Code.

(2) The written notice must be provided at least one month before the organisation intends to adopt in accordance with clause 4 of this Schedule. 

(3) The written notice must provide a reasonable level of detail about:

(a) the nature of the organisation’s responsibility for the sport and recreation activity it is involved in (eg, whether it is a national, regional or local body);

(b) whether the organisation is a member of another body (eg, a national sport organisation or national recreation organisation);

(c) which organisations, if any, are members of the adopting organisation and would be bound because of the organisation adopting the Integrity Code;

(d) whether the organisation is authorised to bind its members (whether an organisation or a participant) by adopting the Integrity Code;

(e) the estimated number of participants in the sport or recreation who will, or may, become bound by the Integrity Code;

(f) the steps the organisation is taking to adopt and comply with the Integrity Code (eg, reviewing and amending its policies to comply with the minimum standards); 

(g) the dates the organisation intends to adopt the Integrity Code and for it to take effect; and

(h) whether the organisation intends to seek a dispensation from the Integrity Code in accordance with clause 6 of this Schedule, including the reasons for seeking a dispensation.

(4) On receiving written notice from an organisation of its intention to adopt, the Commission will, as soon as reasonably practicable: 

(a) review the information; and

(b) provide a reasonable level of guidance, information or support to the organisation about the adoption process.

(5) The Commission may seek further information from the organisation or its members, where it considers this is necessary or desirable.

(1) After completing the steps required in clause 3 of this Schedule, an organisation must then:

(a) amend its constitution or equivalent governing document; or

(b) make a formal resolution, in accordance with its constitution or equivalent governing document.

(2) The action taken in paragraph (1) must:

(a) expressly adopt the Integrity Code; 

(b) require its member organisations to take reasonable steps to bind their members (and their members, and so on) to the Integrity Code (eg, by amending their own constitutions or making complying with the Integrity Code a condition of membership or participation); and

(c) specify the date the organisation’s adoption of the Integrity Code will take effect.

(3) The Integrity Code binds the organisation and other persons, in accordance with section 21 of the Act, from the date specified by the organisation under paragraph 2(c). 

(1) As soon as reasonably practicable after adopting the Integrity Code in accordance with clause 4, the organisation must notify the Commission in writing of the steps it has taken to comply with clause 4, including relevant documentation (eg, an amended constitution or a formal resolution).

(2) The Commission will confirm, as soon as reasonably practicable, whether the organisation has taken the necessary steps to adopt the Integrity Code.

(3) Following confirmation the organisation has taken the necessary steps to adopt the Integrity Code, the Commission will add the organisation to the public list of organisations referred to in clause 2, paragraph 4.

(4) Where the organisation has not taken the necessary steps to adopt the Integrity Code, the Commission will:

(a) notify the organisation; and

(b) make any recommendations the Commission considers necessary or desirable.

(1) An organisation may apply to the Commission for a dispensation from a provision of the Integrity Code, in whole or in part (eg, a specific requirement under a minimum standard).

(2) The Commission may grant an organisation dispensation from a provision of the Integrity Code if it is satisfied that granting the dispensation is consistent with the purposes of the Integrity Code; and

(a) the provision is not relevant to the organisation or its members;

(b) the provision cannot be complied with because it is inconsistent with another legal obligation (eg, a collective employment agreement or the rules of an international federation that the organisation is a member of); or

(c) there are other reasonable grounds to believe that a dispensation from the provision is necessary or desirable.

(3) The Commission will provide its decision on whether to grant dispensation, and the reasons for its decision, to the organisation in writing.

(4) Where the Commission grants dispensation from a provision of the Integrity Code, it may:

(a) make the dispensation subject to conditions (eg, it applies only for a certain period of time); and

(b) specify any necessary modifications to the Integrity Code that apply to that organisation.

(5) Any statement in a constitution or equivalent governing document, resolution or policy which purports to exempt an organisation from a provision of the Integrity Code is invalid unless that dispensation has been granted by the Commission.

(1) Once it is bound by the Integrity Code, an organisation may revoke its adoption of the Integrity Code at any time.

(2) The organisation must notify the Commission as soon as reasonably practicable of:

(a) its intention to revoke adoption of the Integrity Code; and

(b) revocation of the Integrity Code.

(3) Where an organisation revokes its adoption of the Integrity Code, the Integrity Code ceases to bind:

(a) the organisation;

(b) any participant or other person who, or body of persons that:

(i) is a member of the organisation; or

(ii) had agreed to the application of the Integrity Code, or was otherwise bound as a consequence of the organisation’s adoption of the Integrity Code.