Terralink NZ Limited (Transfer of Employees) Act 1996

  • repealed
  • Terralink NZ Limited (Transfer of Employees) Act 1996: repealed, on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).

Reprint as at 3 June 2017

Coat of Arms of New Zealand

Terralink NZ Limited (Transfer of Employees) Act 1996

Public Act
 
1996 No 52
Date of assent
 
1 July 1996
Commencement
 
see section 1(2)

Terralink NZ Limited (Transfer of Employees) Act 1996: repealed, on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the State Services Commission.

An Act to provide for the transfer of employees from the Department of Survey and Land Information to Terralink NZ Limited

 
1 Short Title and commencement

(1)

This Act may be cited as the Terralink NZ Limited (Transfer of Employees) Act 1996.

(2)

This Act shall come into force on 1 July 1996.

2 Interpretation

In this Act, unless the context otherwise requires,—

department means the Department of Survey and Land Information

Terralink means Terralink NZ Limited, being a State enterprise named in Schedule 1 of the State-Owned Enterprises Act 1986.

3 Power to transfer employees of department

(1)

Notwithstanding anything in section 61A of the State Sector Act 1988, where the chief executive of the department finds, in respect of any duties being carried out by the department, that those duties are no longer to be carried out by the department and are to be carried out (in whole or in part) by Terralink, that chief executive may, subject to the relevant employment contract and to subsection (2), transfer from the department to that State enterprise, all or any of the employees of the department who are carrying out those duties.

(2)

Before transferring any employee under subsection (1), the chief executive of the department shall consult with the employee about the proposed transfer.

4 Terms and conditions of employment

The terms and conditions of employment of every employee of the department who is transferred to Terralink under section 3(1) shall, unless varied by agreement, be based on the terms and conditions of employment that applied to that employee immediately before the date of transfer, as if the terms and conditions of employment were contained in an employment contract made between Terralink and the employee.

5 Application of collective employment contracts

Where any employees of the department whose conditions of employment are governed by an unexpired collective employment contract are transferred, in accordance with section 3, to Terralink, the unexpired collective employment contract shall be deemed, as from the date of the transfer of those employees, to continue to apply on the same terms (including the period of the contract and any terms relating to new employees)—

(a)

as if it were a contract that had been made in respect of Terralink; and

(b)

as if it were binding on both those employees, on any authorised representative of those employees recognised in the contract, and on Terralink.

6 Employment of transferred employees deemed to be continuous

(1)

Every employee of the department who is transferred to Terralink pursuant to section 3(1) shall, on the date of the transfer, become an employee of Terralink but, for the purposes of every enactment, law, contract, and agreement relating to the employment of each such employee, the contract of employment of that employee that applied immediately before the commencement of this section in respect of that person’s employment in the department shall be deemed to have been unbroken and that employee’s period of service with the department, and every other period of service of that employee that is recognised by the department as continuous service, shall be deemed to have been a period of service with Terralink.

(2)

No employee of the department who is transferred to Terralink pursuant to section 3(1) shall be entitled to receive any payment or other benefit for redundancy or otherwise by reason only of that person ceasing by virtue of that transfer to be an employee of the department.

7 Membership of Government Superannuation Fund

(1)

Every person who, immediately before becoming an employee of Terralink by virtue of a transfer under section 3(1), was a contributor to the Government Superannuation Fund under the Government Superannuation Fund Act 1956, shall, for the purposes of that Act, be deemed to be employed in the Government service for so long as that person continues to be employed by Terralink; and that Act shall be deemed to apply to that person in all respects as if that person’s service with Terralink were Government service.

(2)

Subject to the Government Superannuation Fund Act 1956, nothing in subsection (1) shall entitle any such person to become a contributor to the Government Superannuation Fund after that person has ceased to be a contributor.

(3)

For the purposes of applying the Government Superannuation Fund Act 1956 in accordance with subsection (1), the term controlling authority, in relation to any transferee, means Terralink.

Reprints notes
1 General

This is a reprint of the Terralink NZ Limited (Transfer of Employees) Act 1996 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Statutes Repeal Act 2017 (2017 No 23): section 3(1)