New Zealand Legislation: Acts
Acts are laws made by Parliament
Add to web feed Reprint
as at 25 January 2005
| Public Act | 2004 No 20 |
| Date of assent | 5 April 2004 |
| Commencement | see section 2 |
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 Culture and Heritage.
Principal objectives and functions of Orchestra
[Repealed]
11 Capacity and powers of Orchestra [Repealed]
Board is governing body of Orchestra
13 Role of board [Repealed]
Other provisions relating to governance of Orchestra
14 Role of Minister [Repealed]
Collective duties of board members
Individual duties of board members
[Repealed]
18 Individual duties of board members [Repealed]
[Repealed]
19 Effect of breach of duties [Repealed]
Financial and accountability provisions
[Repealed]
20 Funds of Orchestra [Repealed]
21 Bank accounts [Repealed]
[Repealed]
22 Restrictions on investments [Repealed]
23 Restrictions on borrowing [Repealed]
[Repealed]
24 Annual report [Repealed]
Limits on power of Orchestra to hold shares or other interests in other bodies or associations
[Repealed]
[Repealed]
26 Limits to functions and powers of subsidiaries [Repealed]
Remuneration and allowances for directors of subsidiaries
[Repealed]
27 Remuneration and allowances [Repealed]
This Act is the New Zealand Symphony Orchestra Act 2004.
This Act comes into force on the day after the date on which it receives the Royal assent.
The purpose of the Act is to—
(a) establish the Orchestra as a Crown entity for the purposes of section 7 of the Crown Entities Act 2004:
(b) set out the principal objectives of the Orchestra and its functions and powers:
(c) [Repealed]
(d) [Repealed]
(e) repeal the New Zealand Symphony Orchestra Act 1988 and provide that the New Zealand Symphony Orchestra Limited ceases to exist:
(f) transfer the property, money, and liabilities of the New Zealand Symphony Orchestra Limited to the Orchestra.
Section 3(a): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 3(c): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 3(d): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
In this Act, unless the context otherwise requires,—
board means the board of the Orchestra
board member and member mean a member of the board of the Orchestra
commencement day means the day on which this Act comes into force
Minister means the Minister who, under the authority of any warrant, or with the authority of the Prime Minister, is responsible for the administration of this Act
New Zealand Symphony Orchestra Limited and company mean the company that, immediately before the commencement of this Act, was re-registered under that name under the Companies Act 1993
Orchestra means the New Zealand Symphony Orchestra established by section 6
Section 4 fees framework: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 4 statement of intent: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 4 subsidiary: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
This Act binds the Crown.
(1) This section establishes the Orchestra.
(2) [Repealed]
Section 6(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) The Orchestra is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
(2) The Crown Entities Act 2004 applies to the Orchestra except to the extent that this Act expressly provides otherwise.
Section 7: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The principal objectives of the Orchestra are—
(a) to provide the public of New Zealand with live and recorded performances of symphonic music performed to an international standard:
(b) to provide an orchestra that—
(i) is highly skilled and artistically imaginative; and
(ii) has strong community support:
(c) to be a leading New Zealand performing arts organisation with a role in the development of a distinctively New Zealand cultural environment:
(d) to promote and encourage New Zealand musical composition and composers:
(e) to provide performance opportunities for New Zealand musicians, whether as members of the orchestra or as soloists.
The functions of the Orchestra are—
(a) to ensure that the orchestra presents a broad repertoire of orchestral performance including New Zealand works and recent works:
(b) to encourage the development of New Zealand musicians:
(c) to encourage the development of New Zealanders' knowledge and appreciation of orchestral music:
(d) to develop and expand the audience of the orchestra on a national basis:
(e) to provide a touring orchestra (which may also include international performances):
(f) to carry out any other functions consistent with its principal objectives, as agreed to by the Minister after consultation with the Orchestra:
(g) to co-operate with other institutions and organisations having objectives similar to those of the Orchestra.
[Repealed]
Section 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) [Repealed]
(2) The board must consist of not fewer than 5 members and not more than 8 members.
(3) In addition to the requirements in section 29 of the Crown Entities Act 2004, the Minister must, in particular, have regard to the need for members to have, among them, an appropriate balance of governance and financial skills, and an awareness of artistic matters, as relevant to the role of the board.
Section 12(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 12(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 12(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 15: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The Minister may not give a direction to the Orchestra in relation to cultural matters.
Section 16: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) The board, acting collectively, must endeavour to ensure that the total operating costs of the Orchestra do not exceed its total operating revenues.
(2) Subsection (1) does not limit the collective duties in the Crown Entities Act 2004.
Section 17: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 18: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 19: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 20: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 21: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 22: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Subpart 4 heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 25: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 26: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Section 27: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) No person may be incorporated or registered under any enactment or in any other manner using the following names:
(a) New Zealand Symphony Orchestra:
(b) NZSO:
(c) NZ Chamber Orchestra:
(d) Symphony New Zealand:
(e) National Youth Orchestra:
(f) National Orchestra:
(g) any other name that so resembles the names in paragraphs (a) to (f) as to be likely to mislead a person.
(2) No person other than the Orchestra may, either alone or with another person, operate or carry on activities—
(a) under a name in subsection (1); or
(b) under a name, knowing that it so resembles a name listed in subsection (1) as to be likely to mislead a person.
(3) A person who breaches subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $2,500.
(1) On and from the commencement day,—
(a) the New Zealand Symphony Orchestra Limited is dissolved; and
(b) the term of office of every director of the company expires; and
(c) the property belonging to the company vests in the Orchestra; and
(d) money payable to or by the company becomes payable to or by the Orchestra; and
(e) the liabilities, contracts, engagements, rights, and authorities of the company become the liabilities, contracts, engagements, rights, and authorities of the Orchestra; and
(f) proceedings by or against the company may be continued, completed, or enforced by or against the Orchestra.
(2) No director of the New Zealand Symphony Orchestra Limited is entitled to compensation as a result of the expiry under this section of his or her term of office.
(3) The Registrar of Companies must remove the name of the New Zealand Symphony Orchestra Limited from the register of companies kept under section 360(1) of the Companies Act 1993.
Nothing effected or authorised by this Act—
(a) is to be regarded as placing the New Zealand Symphony Orchestra Limited, the Crown, the Orchestra, or other person in breach of contract or confidence, or as otherwise making any of them guilty of a civil wrong; or
(b) is to be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or
(c) is to be regarded as placing the New Zealand Symphony Orchestra Limited, the Crown, the Orchestra, or other person in breach of an enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of property or the disclosure of information; or
(d) releases a surety wholly or in part from an obligation; or
(e) invalidates or discharges a contract.
On and from the commencement day, a reference to the New Zealand Symphony Orchestra Limited (express or implied) in any enactment (other than this Act), or in any instrument, register, agreement, deed, lease, application, notice, or other document in force immediately before the commencement day, must, unless the context otherwise requires, be read as a reference to the Orchestra.
(1) For the purposes of the Inland Revenue Acts and any other enactment that imposes or provides for the collection of a tax, duty, levy, or other charge,—
(a) the New Zealand Symphony Orchestra Limited and the Orchestra are the same person; and
(b) a transaction entered into by, or an act of, the New Zealand Symphony Orchestra Limited is—
(i) entered into by, or an act of, the Orchestra; and
(ii) entered into, or performed by, the Orchestra at the time it was entered into, or performed by, the New Zealand Symphony Orchestra Limited.
(2) [Repealed]
(3) In this section, Inland Revenue Acts has the same meaning as in section 3(1) of the Tax Administration Act 1994.
Section 32(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) The Orchestra must make a final report of the New Zealand Symphony Orchestra Limited to the Minister as soon as reasonably practicable after the commencement day.
(2) The Minister must present the report to the House of Representatives as soon as reasonably practicable after receiving it from the Orchestra under subsection (1).
(3) In this section, final report means—
(a) a report setting out the information specified in section 41I of the Public Finance Act 1989 on the operations of the New Zealand Symphony Orchestra Limited for the period beginning on 1 July 2003 and ending with the close of the day immediately before the commencement day; and
(b) the financial statements of the New Zealand Symphony Orchestra Limited for that period—
(i) setting out the information specified in section 41 of the Public Finance Act 1989; and
(ii) accompanied by an audit opinion prepared by the Auditor-General in accordance with section 43 of the Public Finance Act 1989.
Part 5 of Schedule 1 applies to transitional arrangements for the New Zealand Symphony Orchestra Limited and its employees.
The New Zealand Symphony Orchestra Act 1988 is repealed.
The Acts listed in Schedule 2 are amended in the manner indicated in that schedule.
Schedule 1 |
Schedule 1 Part 1 heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 1: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 1 clause 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Schedule 1 Part 2 heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 15: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 17: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 18: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 19: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 20: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 21: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 22: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 25: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 26: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 2 clause 27: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 28: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 29: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 30: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 31: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 32: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 33: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 34: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 35: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 36: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) The board must not delegate the power—
(a) [Repealed]
(b) to appoint a chief executive:
(c) to acquire or dispose of real property:
(d) to form and register a subsidiary:
(e) to form, or hold shares or interests in, or settle or be or appoint a trustee in relation to, a body corporate or other association of persons:
(f) to borrow money:
(g) to appoint an attorney.
(2) In other respects, section 73 of the Crown Entities Act 2004 applies.
Schedule 1 Part 3 clause 37(1)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Schedule 1 Part 3 clause 37(1)(e): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Schedule 1 Part 3 clause 37(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 3 clause 38: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Schedule 1 Part 4 heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 4 clause 39: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 4 clause 40: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 4 clause 41: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 4 clause 42: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 4 clause 43: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 4 clause 44: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed]
Schedule 1 Part 4 clause 45: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(1) On the commencement day, every person employed by the New Zealand Symphony Orchestra Limited immediately before the commencement of this Act ceases to be an employee of the New Zealand Symphony Orchestra Limited and becomes an employee of the Orchestra.
(2) The terms and conditions of employment of each employee to whom subsection (1) refers remain the same as the terms and conditions of his or her employment with the New Zealand Symphony Orchestra Limited immediately before the commencement day, and may be varied in the same manner.
(1) For the purposes of every enactment, law, determination, agreement, or contract relating to the employment of a transferred employee, the transfer of the employee to the Orchestra from the New Zealand Symphony Orchestra Limited does not, of itself, break the employment of that person and the period of his or her service with the New Zealand Symphony Orchestra Limited is to be regarded as a period of service with the Orchestra.
(2) A transferred employee is not entitled to receive payment or other benefit solely on the ground that, as a result of the transfer of the employee under this Act, the person has ceased to be an employee of the New Zealand Symphony Orchestra Limited.
(1) The terms and conditions on which a transferred employee is employed must be no less favourable to the transferred employee than those applying to the employee immediately before the commencement date.
(2) Subclause (1)—
(a) continues to apply to the terms and conditions of employment of a transferred employee until they are varied by agreement between the transferred employee and the Orchestra; but
(b) does not apply to a transferred employee who, after the transfer, receives any subsequent employment within the Orchestra.
(1) Despite clause 43, a person who, immediately before becoming an employee of the Orchestra, was a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is, for the purpose of that Act, to be treated as if he or she were employed in the Government service so long as that person continues to be an employee of the Orchestra.
(2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person's service as an employee of the Orchestra were Government service.
(3) Nothing in subclause (1) entitles a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.
(4) For the purpose of applying the Government Superannuation Fund Act 1956 under subclause (1), controlling authority means the board.
Schedule 2 |
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
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)
This is a reprint of the New Zealand Symphony Orchestra Act 2004. The reprint incorporates all the amendments to the Act as at 25 January 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.
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.
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.
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).
Crown Entities Act 2004 (2004 No 115): section 200
Add to web feed