New Zealand Legislation: Acts

31 Continuation of office, appointment of Commissioner, and employment of employees

• (1) The office continued by section 6 is the office of Commissioner for Children as established by section 410 of the Children, Young Persons, and Their Families Act 1989, and, accordingly, every reference to the Commissioner for Children in an enactment or document made before the commencement of this Act is a reference to the Children's Commissioner continued by section 6.

  (2) On the commencement of this Act, the person who, immediately before that commencement, held office as Commissioner for Children under the Children, Young Persons, and Their Families Act 1989 is to be taken to have been appointed as Commissioner under this Act—

  • (a) for a term that, immediately before that commencement, represented the remainder of the person's term as Commissioner for Children; and

  • (b) subject to the conditions of employment, determined under section 417 of that Act, that applied to the person immediately before that commencement; and

  • (c) subject to any determination made under section 47 of the Crown Entities Act 2004 (with any such determination prevailing if, and to the extent that, it is more favourable to the person than any of the conditions of employment referred to in paragraph (b)).

  (3) The Remuneration Authority is not obliged to make a determination under section 47 of the Crown Entities Act 2004 of the salary and allowances of the person to whom subsection (2) applies before the time that that person's salary and allowances would have been next reviewed under the conditions of employment referred to in subsection (2)(b).

  (4) This Act does not affect the employment of any person who, immediately before the commencement of this Act, was an employee of the Commissioner for Children.

  Section 31(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 31(2)(c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 31(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).