Archives, Culture, and Heritage Reform Act 2000

Reprint
as at 1 November 2006

Crest

Archives, Culture, and Heritage Reform Act 2000

Public Act2000 No 32
Date of assent14 September 2000
Commencementsee section 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 for Culture and Heritage, and Archives New Zealand.


1 Title
  • This Act is the Archives, Culture, and Heritage Reform Act 2000.

2 Commencement
  • This Act comes into force on 1 October 2000.

3 Purpose
  • The purpose of this Act is—

    • (a) to provide for the transfer of staff and resources from the Department of Internal Affairs to a new department of State responsible for the National Archives; and

    • (b) to facilitate the transfer of—

      • (i) certain functions under the Archives Act 1957; and

      • (ii) administration of that Act; and

    • (d) to provide for matters ancillary to the transfer of certain functions from the Department of Internal Affairs to the Ministry for Culture and Heritage; and

    • (e) to amend related enactments and to provide for related matters.

    Section 3(c)(i): amended, on 1 November 2006, by section 35 of the Protected Objects Amendment Act 2006 (2006 No 37).

Part 1
Preliminary provisions and transfer of employees

4 Interpretation
  • In this Act, unless the context otherwise requires,—

    responsible department means the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Archives Act 1957

    responsible ministry means the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Arts Council of New Zealand Toi Aotearoa Act 1994

    transferred employee means a person employed in the Department of Internal Affairs immediately before the commencement of this Act who is transferred to the responsible department under section 5.

5 Transfer of employees
  • (1) Every person who is employed in the Department of Internal Affairs immediately before the date of commencement of this Act must be treated as having transferred to the responsible department on that date of commencement if—

    • (a) the person is carrying out duties that on or after that date are to be carried out, in whole or in part, by the responsible department; and

    • (b) the person's transfer to the responsible department is agreed between the chief executive of the Department of Internal Affairs and the chief executive of the responsible department.

    (2) The transfer of any employee by this section is subject to any relevant transfer provisions of the employment contract applying to that employee.

    Compare: 1998 No 106 s 3; 1999 No 76 s 3; 2000 No 14 s 32

6 Protection of terms and conditions for transferred employee
  • (1) The employment of a transferred employee must be on terms and conditions no less favourable than those applying to the employee immediately before the date of the person's transfer to the responsible department.

    (2) Subsection (1)—

    • (a) continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the responsible department; but

    • (b) does not apply to a transferred employee who, after the transfer, receives any subsequent appointment within the responsible department.

    Compare: 1998 No 106 s 4; 1999 No 76 s 4; 2000 No 14 s 33

7 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 Internal Affairs to the responsible department is insufficient by itself to break his or her employment.

    Compare: 1998 No 96 s 4; 1999 No 76 s 5; 1999 No 82 s 5

8 No compensation for technical redundancy
  • A transferred employee is not entitled to receive any compensation for redundancy or any severance payment solely on the ground that—

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

    • (b) the person has ceased to be an employee of the Department of Internal Affairs as a result of his or her transfer to the responsible department.

    Compare: 1998 No 96 s 5; 1998 No 106 s 7; 1999 No 76 s 7; 2000 No 14 s 35

Part 2
Transfer of obligations and functions, and other related matters

9 Transfer 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 or the responsible ministry, whether that transfer takes place before, on, or after the commencement of this Act.

    (2) Subsection (1) applies—

    • (a) whether or not the person has agreed to the transfer; and

    • (b) whether or not the transfer involves the responsible department or the responsible ministry (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 that are, or are to be, occupied or administered (in whole or in part) by the responsible department or the responsible ministry merely because of that occupation or administration of the premises by the responsible department or the responsible ministry.

    (4) Subsection (3) applies whether or not the person has agreed to the occupation or administration of the premises by the responsible department or the responsible ministry.

    Compare: 1998 No 96 s 6; 1999 No 82 s 7

10 References to functions being transferred to responsible department or responsible ministry
  • (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) and (3) must be read in the manner indicated in those subsections.

    (2) Every reference to the Secretary for Internal Affairs, when used in relation to the National Archives, is a reference to the chief executive of the responsible department.

    (3) Every reference to the Secretary for Internal Affairs, when used in relation the Heritage Property Unit, Historical Branch of the Department of Internal Affairs, or the Dictionary of New Zealand Biography, is a reference to the chief executive of the responsible ministry.

    Compare: 1998 No 96 s 10; 1999 No 82 s 11

11 Savings relating to brands, logos, marks, etc
  • All names, brands, stamps, logos, emblems, marks, forms, and other representation or documents that were in use by the Department of Internal Affairs at any time before the date of commencement of this Act for the purposes of the National Archives, the Heritage Property Unit, the Historical Branch, or the Dictionary of New Zealand Biography—

    • (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 department or the responsible ministry, as the case may be.

    Compare: 1997 No 100 s 6; 1998 No 96 s 8; 1999 No 82 s 9

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

13 Revocation
  • The State Sector Order (No 2) 1990 (SR 1990/171) is consequentially revoked.


Schedule
Acts Amended

s 12

Antiquities Act 1975 (1975 No 41)

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

Archives Act 1957 (1957 No 13)

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

Arts Council of New Zealand Toi Aotearoa Act 1994 (1994 No 19)

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

Conservation Act 1987 (1987 No 65)

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

Historic Places Act 1993 (1993 No 38)

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

Massey Burial-ground Act 1925 (1925 No 5)

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

Museum of New Zealand Te Papa Tongarewa Act 1992 (1992 No 19)

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

National War Memorial Act 1992 (1992 No 20)

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

New Zealand Film Commission Act 1978 (1978 No 61)

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

New Zealand Symphony Orchestra Act 1988 (1988 No 163)

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

Ombudsmen Act 1975 (1975 No 9)

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

Patriotic and Canteen Funds Act 1947 (1947 No 63)

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

State Sector Act 1988 (1988 No 20)

Amendment(s) incorporated in the Act(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 Archives, Culture, and Heritage Reform Act 2000. The reprint incorporates all the amendments to the Act as at 1 November 2006, 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/legislation/reprints.shtml or Part 8 of the Tables of 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)
  • Protected Objects Amendment Act 2006 (2006 No 37): section 35