Department of Child, Youth and Family Services Act 1999

Reprint
as at 1 July 2005

Crest

Department of Child, Youth and Family Services Act 1999

Public Act1999 No 82
Date of assent23 July 1999
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 Ministry of Social Development.


An Act—

  • (a) to provide for the transfer of staff and resources from the Department of Social Welfare to the new Department of Child, Youth and Family Services; and

  • (b) to facilitate the transfer of the administration of the Children, Young Persons, and Their Families Act 1989 and functions under certain other enactments; and

  • (c) to amend related enactments and to provide for related matters

1 Short Title and commencement
  • (1) This Act may be cited as the Department of Child, Youth and Family Services Act 1999.

    (2) This Act comes into force on 1 October 1999.

2 Maori name of Department of Child, Youth and Family Services
  • The name of the Department of Child, Youth and Family Services is, in the Maori language, Te Tari Awhina i te Tamaiti, te Rangatahi, tae atu ki te Whanau.

Part 1
Preliminary provisions and transfer of employees

3 Interpretation
4 Application of employment contracts
  • (1) This section and sections 5 and 6 apply to any transferred employee.

    (2) Unless a transferred employee's employment contract otherwise provides and subject to subsection (3), the transferred employee's employment contract continues to apply to that employee, on and from the date the employee transfers to the responsible department, on the same terms and conditions (including the period of the contract)—

    • (a) as if it were a contract that had been made in respect of the responsible department; and

    • (b) as if it were binding on both that employee and on the chief executive of the responsible department, and on any other party to that contract.

    (3) If there is a change to an employee's duties or location arising out of his or her transfer to the responsible department, the conditions of employment of that employee may be varied by agreement to reflect that change but the conditions of employment (as so varied) must be no less favourable than those that the employee was entitled to receive under the employment contract applying to the employee at the date of the transfer.

    (4) Subsections (2) and (3) continue to apply to the conditions of employment of each transferred employee to whom this section applies until such time as any of the conditions of employment that apply under the employment contract applying to that employee at the date of the transfer are subsequently varied (otherwise than for the purpose referred to in subsection (3)).

    (5) The conditions of employment of each such transferred employee are, on and from the date of any subsequent variation to which subsection (4) applies, to be determined in accordance with the employment contract applying to that employee in the responsible department.

    (6) Nothing in subsection (2) or subsection (3) continues to apply to any transferred employee who receives any subsequent appointment, whether within the responsible department or any other department.

5 Employment to be continuous
  • For the purposes of any provisions of a transferred employee's employment contract relating to continuity of service, that employee's transfer from the Department of Social Welfare to the responsible department is insufficient by itself to break his or her employment.

6 Transfer not sufficient to entitle employee to redundancy or severance payment
  • No transferred employee is entitled to receive any compensation for redundancy or any severance payment because—

    • (a) the position held by that employee in the Department of Social Welfare has ceased to exist; or

    • (b) he or she has ceased by virtue of his or her transfer to be an employee of the Department of Social Welfare.

Part 2
Transfer of obligations and functions, and other matters

7 Transfers of contracts or leases not to give rise to claims
  • (1) No person has any claim against the Crown for breach of any contract merely because the administration of the contract or the benefit or burden of the contract is transferred (in whole or in part) to the responsible department, whether or not the person has agreed to the transfer.

    (2) Subsection (1) applies whether or not the transfer involves the responsible department and its employees gaining access to any information, data, programme, intellectual property right, know-how, chattel, equipment, transmission device, or facility of the claimant or any other person.

    (3) No person has any claim against the Crown for breach of any lease of any premises which are to be occupied or administered (in whole or in part) by the responsible department merely because of that occupation or administration of the premises by the responsible department, whether or not the person has agreed to the occupation or administration of the premises.

8 Continuation of existing proceedings
  • (1) If, before the commencement of this Act, a designated party or designated unit has initiated or become a party to any proceedings (including proceedings involving the exercise by any person of a specified right of appeal or specified right of review, in respect of the Department of Social Welfare), the proceedings may be continued, completed, and enforced by or against the designated successor.

    (2) If, before the commencement of this Act, any person was entitled, or claimed to be entitled, to issue any proceedings, apply for or exercise any right of review, or to exercise any right of appeal, referred to in subsection (1),—

    • (a) that person may, after the commencement of this Act, commence the proceedings, review, or appeal as if the designated successor were the appropriate person in respect of whom the proceedings, review, or appeal relates; and

    • (b) the provisions of subsection (1) apply to any such proceedings, review, or appeal commenced under paragraph (a) as if they had been commenced prior to the commencement of this Act; and

    • (c) no such proceedings, review, or appeal may be commenced in respect of any person other than the designated successor.

9 Savings relating to brands, logos, marks, etc
  • All names, brands, stamps, logos, emblems, marks, forms, and other representations or documents that were, immediately before the date of commencement of this Act, in use by the Department of Social Welfare for the purposes of 1 or more of the designated units—

    • (a) continue to have effect in relation to anything done before that date; and

    • (b) may continue to be used, and are to have effect, for the purposes of the functions, duties, and powers of the responsible Minister, the responsible department, or the chief executive of the responsible department under the Children, Young Persons, and Their Families Act 1989 or other appropriate enactment.

10 Saving of certain appointments
  • Nothing in this Act affects the appointment of any person as—

    • (a) a member of a Care and Protection Resource Panel under section 428 of the Children, Young Persons, and Their Families Act 1989; or

    • (b) a member of a grievance panel under regulation 29 of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996.

11 References to functions being transferred to responsible department
  • (1) Unless the context otherwise requires, in any regulation, rule, order, agreement, deed, instrument, application, notice, direction, contract, lease, or other document in force at the commencement of this Act, the references specified in subsections (2) to (4) must be read in the manner indicated in those subsections.

    (2) Every reference to the Director-General of Social Welfare (or the chief executive of the Department of Social Welfare), when used in relation to 1 or more of the designated units, is a reference to the chief executive of the responsible department.

    (3) Every reference to the Director-General of Social Welfare (or the chief executive of the Department of Social Welfare), when used in relation to his or her functions, duties, or powers under the Children, Young Persons, and Their Families Act 1989, is a reference to the chief executive of the responsible department.

    (4) Every reference to any designated unit, where the unit is referred to in its own right and the reference does not apply to other units of the Department of Social Welfare, is a reference to the responsible department.

    (5) Unless the context otherwise requires, when used in relation to the following enactments, every reference to the Department of Social Welfare is a reference to the responsible department:

    (6) Unless the context otherwise requires, every reference to a Social Worker employed in the Department of Social Welfare, when used in relation to any enactment, is a reference to a Social Worker employed by the responsible department.

    Section 11(5)(b): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

12 Transfer of contracts and leases
  • (1) The Director-General of Social Welfare may transfer to the chief executive specified responsibilities for the administration of a contract or lease or any specified benefit, or specified burden, of a contract or lease if—

    • (a) the Director-General, or the Department of Social Welfare, or the Crown acting by or through the Director-General or the department, is a party to the contract or lease; and

    • (b) the contract or lease is in force at the commencement of this Act; and

    • (c) the contract or lease relates—

      • (i) to the functions of the unit of the Department of Social Welfare called the Children, Young Persons and Their Families Agency; and

      • (ii) to the functions of any other unit of the Department of Social Welfare, or to the functions of another department, or to both.

    (2) A transfer may be made under subsection (1) only if—

    • (a) the chief executive agrees to the transfer; and

    • (b) a notice in writing of the transfer is delivered to the chief executive, and to every other party to the contract or lease.

    (3) A transfer made under subsection (1) is binding on every party to the contract or lease.

13 Amendments to other enactments
  • The enactments specified in the Schedule are amended in the manner indicated in that schedule.

14 Consequential repeals
  • Amendment(s) incorporated in the Act(s).


Schedule
Enactments amended

s 13

Part 1
Amendments to Acts

Adoption Act 1955 (1955 No 93) (RS Vol 1, p 35)

Amendment(s) incorporated in the Act(s).

Adoption (Intercountry) Act 1997 (1997 No 109)

Amendment(s) incorporated in the Act(s).

Adult Adoption Information Act 1985 (1985 No 127)

Amendment(s) incorporated in the Act(s).

Alcoholic Liquor Advisory Council Act 1976 (1976 No 143) (RS Vol 26, p 1)

Amendment(s) incorporated in the Act(s).

Births, Deaths, and Marriages Registration Act 1995 (1995 No 16)

Amendment(s) incorporated in the Act(s).

Child Support Act 1991 (1991 No 142)

Amendment(s) incorporated in the Act(s).

Children, Young Persons, and their Families Act 1989 (1989 No 24)

Amendment(s) incorporated in the Act(s).

Civil Defence Act 1983 (1983 No 46)

Amendment(s) incorporated in the Act(s).

Criminal Investigations (Blood Samples) Act 1995 (1995 No 55)

Amendment(s) incorporated in the Act(s).

Criminal Justice Act 1985 (1985 No 120)

Amendment(s) incorporated in the Act(s).

Disabled Persons Community Welfare Act 1975 (1975 No 122) (RS Vol 26, p 143)

Amendment(s) incorporated in the Act(s).

Education Act 1989 (1989 No 80) (RS Vol 34, p 17)

Amendment(s) incorporated in the Act(s).

Employment Services and Integrated Support (Integrated Administration) Act 1998 (1998 No 96)

Amendment(s) incorporated in the Act(s).

Family Benefits (Home Ownership) Act 1964 (1964 No 32) (RS Vol 16, p 139)

Amendment(s) incorporated in the Act(s).

Family Proceedings Act 1980 (1980 No 94) (RS Vol 28, p 545)

Amendment(s) incorporated in the Act(s).

Guardianship Act 1968 (1968 No 63) (RS Vol 38, p 613)

Amendment(s) incorporated in the Act(s).

Immigration Act 1987 (1987 No 74) (RS Vol 33, p 163)

Amendment(s) incorporated in the Act(s).

Income Tax Act 1994 (1994 No 164)

Amendment(s) incorporated in the Act(s).

Local Government Act 1974 (1974 No 66) (RS Vol 25, p 1)

Amendment(s) incorporated in the Act(s).

Ombudsmen Act 1975 (1975 No 9) (RS Vol 35, p 469)

Amendment(s) incorporated in the Act(s).

Protection of Personal and Property Rights Act 1988 (1988 No 4)

Amendment(s) incorporated in the Act(s).

Social Security Act 1964 (1964 No 136) (RS Vol 32, p 625)

Amendment(s) incorporated in the Act(s).

Social Security Amendment Act 1987 (1987 No 106) (RS Vol 32, p 834)

Amendment(s) incorporated in the Act(s).

Part 2
Amendments to regulations

Children, Young Persons, and Their Families Rules 1989 (SR 1989/295)

Amendment(s) incorporated in the rules.

Protection of Personal and Property Rights Rules 1988 (SR 1988/213)

Amendment(s) incorporated in the rules.

State Sector Order 1999 (SR 1999/117)

Amendment(s) incorporated in the order(s).


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 Department of Child, Youth and Family Services Act 1999. The reprint incorporates all the amendments to the Act as at 1 July 2005, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)