Terralink NZ Limited (Transfer of Employees) Act 1996

Reprint
as at 1 July 1996

Crest

Terralink NZ Limited (Transfer of Employees) Act 1996

Public Act1996 No 52
Date of assent1 July 1996
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

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.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Terralink NZ Limited (Transfer of Employees) Act 1996. The reprint incorporates all the amendments to the Act as at 1 July 1996, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)