New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
agency does not include an agency in the private sector
agency: this definition was inserted, as from 25 January 2005, by section 4(1) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Applicable collective agreement means the collective agreement that is binding on the relevant union and employer, at the relevant point of time in relation to an employee of the employer who is a member of the union.
Applicable collective agreement: this definition was substituted for the definition of “Applicable collective employment contract”
, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Applicable collective employment contract
[Repealed]
Applicable collective employment contract: this definition was substituted by the definition of “Applicable collective agreement”
, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Appropriate Minister, in relation to a Department, means—
(a) The Minister responsible for the Department; or
(b) Where 2 or more Ministers are responsible for different functions of a Department, the Minister responsible for the relevant function of the Department:
Chief executive,—
(a) In relation to a Department, means, subject to section 44 of this Act, the person holding office under section 31 of this Act, as the chief executive of the Department:
(b) In relation to a tertiary education institution, means the person appointed as the chief executive of the institution:
Chief executive: paragraph (b) of this definition was amended, as from 25 January 2005, by section 17(b) State Sector Amendment Act (No 2) 2004 (2004 No 114) by substituting the words “tertiary education institution”
for the words “university, polytechnic, or college of education”
.
Collective agreement means an employment agreement that is binding on 1 or more employers and 2 or more employees
Collective agreement: this definition was substituted for the definition of “Collective employment contract”
, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Collective employment contract
[Repealed]
Collective employment contract: this definition was substituted by a definition of “Collective agreement”
, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24)
College of education
[Repealed]
College of education: this definition was repealed, as from 25 January 2005, by section 17(a) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Commission means the State Services Commission
Commissioner means the State Services Commissioner appointed under section 3 of this Act
Conditions of employment—
(a) Includes remuneration; but
(b) Does not include—
(i) Allowances payable to employees serving outside New Zealand; or
(ii) Other conditions of service of employees serving outside New Zealand:
Crown entity—
(a) means a Crown entity within the meaning of section 7 of the Crown Entities Act 2004; but
(b) does not include a tertiary education institution or a Crown Research Institute or any of their subsidiaries
Crown entity: this definition was inserted, as from 25 January 2005, by section 4(2) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Crown Research Institute means a Crown Research Institute formed under the Crown Research Institutes Act 1992, or a Crown entity subsidiary of a Crown Research Institute (within the meaning of Part 1 of the Crown Entities Act 2004)
Crown Research Institute: this definition was inserted, as from 25 January 2005, by section 4(2) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Department means any Department specified in Schedule 1 to this Act
Deputy Commissioner means the Deputy State Services Commissioner appointed under section 12 of this Act
Education service means—
(a) service in the employment of—
(i) any state school; or
(ii) any integrated school within the meaning of the Private Schools Conditional Integration Act 1975; or
(iii) any tertiary education institution; or
(iv) any other educational institution for which a separate employer for the purposes of this Act is designated by any enactment or by the Minister:
(b) service as a registered teacher in the employment of any free kindergarten association that controls a free kindergarten within the meaning of section 120 of the Education Act 1989
(c) service as a teacher in the employment of the Secretary under section 91N of the Education Act 1989.
Education service: this definition was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Education service: paragraph (a)(iii) of this definition was amended, as from 25 January 2005, by section 17(b) State Sector Amendment Act (No 2) 2004 (2004 No 114) by substituting the words “tertiary education institution”
for the words “university, polytechnic, or college of education”
.
Education service: paragraph (b) of this definition was amended, as from 1 February 2001, by section 83 Education Standards Act 2001 (2001 No 88), by substituting the words “section 120”
for the words “section 315(1)”
. See clause 2(1)(g) Education Standards Act Commencement Order 2001 (SR 2001/384).
Education service: paragraph (c) of this definition was inserted, as from 1 February 2001, by section 83 Education Standards Act 2001 (2001 No 88), by substituting the words “section 120”
for the words “section 315(1)”
. See clause 2(1)(g) Education Standards Act Commencement Order 2001 (SR 2001/384).
Employee, in relation to the State services,—
(a) Means an employee in any part of the State services, whether paid by salary, wages, or otherwise; but
(b) Does not include—
(i) Any chief executive; or
(ii) [Repealed]
Employee: paragraph (b)(ii) of this definition was repealed, as from 25 January 2005, by section 19(2) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Employer,—
(a) In relation to any institution that is subject to Part 9 of the Education Act 1989, means—
(i) The Board of Trustees; or
(ii) Where a Commissioner has been appointed under the Education Act 1989 to act in place of the Board of Trustees, that Commissioner:
(b) in relation to any free kindergarten within the meaning of section 120 of the Education Act 1989, means the free kindergarten association by which that free kindergarten is controlled:
(c) In relation to any tertiary education institution, means the chief executive of that institution:
(d) In relation to any other institution, means—
(i) The person or body designated by any enactment as the employer for the purposes of this Act in respect of that institution; and
(ii) Where no such person or body is so designated, means any person or body designated for that purpose by the Minister:
(e) in relation to the employment of a person as a teacher under section 91N of the Education Act 1989, means the Secretary (as defined in section 2(1) of that Act).
Employer: paragraph (a)(ii) of this definition was amended, as from 22 October 2003, by section 3 State Sector Amendment Act (No 2) 2003 (2003 No 98) by omitting the words “Part 9 of”
.
Employer: paragraph (b) of this definition was repealed, as from 3 May 1997, by section 2(a) State Sector Amendment Act 1997 (1997 No 8).
Employer: a new paragraph (b) of this definition was inserted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Employer: paragraph (b) of this definition was amended, as from 1 February 2001, by section 83 Education Standards Act 2001 (2001 No 88), by substituting the words “section 120”
for the words “section 315(1)”
. See clause 2(1)(g) Education Standards Act Commencement Order 2001 (SR 2001/384).
Employer: paragraph (c) of this definition was amended, as from 25 January 2005, by section 17(b) State Sector Amendment Act (No 2) 2004 (2004 No 114) by substituting the words “tertiary education institution”
for the words “university, polytechnic, or college of education”
.
Employer: paragraph (e) of this definition was inserted, as from 1 February 2002, by section 83 Education Standards Act 2001 (2001 No 88). See clause 2(1)(g) Education Standards Act Commencement Order 2001 (SR 2001/384).
Employment agreement means a contract of service
Employment agreement: this definition was substituted for the definition of “Employment contract”
, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Employment contract
[Repealed]
Employment contract: this definition was repealed, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Health Service
[Repealed]
Health Service: this definition was repealed, as from 1 January 2001, by section 108 New Zealand Public Health and Disability Act 2000 (2000 No 91).
Individual employment agreement means an employment agreement that is binding on only 1 employer and 1 employee who is not bound by a collective agreement that binds the employer
Individual employment agreement: this definition was substituted for the definition of “Individual employment contract”
, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Individual employment contract
[Repealed]
Individual employment contract: this definition was substituted by the definition of “Individual employment agreement”
, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
Lockout has the meaning given to it by section 82 of the Employment Relations Act 2000
Lockout: this definition was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Minister means the Minister of State Services
Polytechnic
[Repealed]
Polytechnic: this definition was repealed, as from 25 January 2005, by section 17(a) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Public Service means the Public Service as defined in section 27 of this Act
Remuneration includes—
(a) Salary, wages, and other payments, whether in the form of bonuses or otherwise, in return for services; and
(b) Benefits and other emoluments (whether in money or not) in return for services:
Senior executive service
[Repealed]
Senior executive service: this definition was repealed, as from 25 January 2005, by section 19(2) State Sector Amendment Act (No 2) 2004 (2004 No 114).
State services—
(a) Means all instruments of the Crown in respect of the Government of New Zealand, whether Departments, corporations, agencies, or other instruments; and
(ab) includes a Crown entity; and
(ac) includes a Crown Research Institute; and
(b) Includes the Education service; but
(c) Does not include—
(i) The Governor-General; or
(ii) Any member of the Executive Council; or
(iii) Any Minister of the Crown; or
(iv) Any member of Parliament; or
(v) Any corporation listed in Schedule 1 to the State-Owned Enterprises Act 1986; or
(vi) any tertiary education institution
State services: this definition was amended, as from 1 January 2001, by section 108 New Zealand Public Health and Disability Act 2000 (2000 No 91), by omitting the words “and the Health service”
from paragraph (b).
State services: paragraphs (ab) and (ac) of this definition were inserted, as from 25 January 2005, by section 4(3) State Sector Amendment Act (No 2) 2004 (2004 No 114).
State services: paragraph (c)(vi) of this definition was substituted, as from 25 January 2005, by section 4(4) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Strike has the meaning given to it by section 81 of the Employment Relations Act 2000
Strike: this definition was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
tertiary education institution means an institution within the meaning of section 159(1) of the Education Act 1989
tertiary education institution: this definition was inserted, as from 25 January 2005, by section 4(5) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Union means a union registered under Part 4 of the Employment Relations Act 2000
Union: this definition was inserted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
University
[Repealed]
University: this definition was repealed, as from 25 January 2005, by section 17(a) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Chief executive: this definition in the original section 2 was substituted, as from 19 December 1989, by section 2 State Sector Amendment Act (No 2) 1989 (1989 No 136).
Commissioner: this definition in the original section 2 was substituted, as from 19 December 1989, by section 2 State Sector Amendment Act (No 2) 1989 (1989 No 136).
Deputy Commissioner: this definition in the original section 2 was inserted, as from 19 December 1989, by section 2(3) State Sector Amendment Act (No 2) 1989 (1989 No 136).
Education service: this definition in the original section 2 was substituted, as from 1 October 1989, by section 2(1) State Sector Amendment Act 1989 (1989 No 67).
Education service: this definition in the original section 2 was substituted, as from 19 December 1989, by section 2 State Sector Amendment Act (No 2) 1989 (1989 No 136).
Education service: paragraph (c) of this definition was repealed, as from 3 May 1997, by section 2(a) State Sector Amendment Act 1997 (1997 No 8).
Employer: this definition in the original section 2 was inserted, as from 1 October 1989, by section 2(2) State Sector Amendment Act 1989 (1989 No 67).
Employer: this definition in the original section 2 was substituted, as from 19 December 1989, by section 2 State Sector Amendment Act (No 2) 1989 (1989 No 136).
State enterprise: this definition in the original section 2 was repealed, as from 19 December 1989, by section 2(6) State Sector Amendment Act (No 2) 1989 (1989 No 136).
State services: this definition in the original section 2 was amended, as from 19 December 1989, by section 2(7) State Sector Amendment Act (No 2) 1989 (1989 No 136) by substituting para (b), by inserting the word “; or”
at the end of subpara (c)(v), and by inserting para (c)(vi).
Technical institute: this definition in the original section 2 was inserted, as from 19 December 1989, by section 2(10) State Sector Amendment Act (No 2) 1989 (1989 No 136).
University: this definition in the original section 2 was inserted, as from 19 December 1989, by section 2(10) State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 2 was substituted, as from 15 May 1991, by section 2(1) State Sector Amendment Act 1991 (1991 No 31).