State Sector (Employee Provisions Applied to Transfer of Functions from Land Transport Safety Authority and Transfund to Ministry of Transport) Order 2004

Reprint
as at 10 September 2004

Crest

State Sector (Employee Provisions Applied to Transfer of Functions from Land Transport Safety Authority and Transfund to Ministry of Transport) Order 2004

(SR 2004/307)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 6th day of September 2004

Present:
Her Excellency the Governor-General in Council


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 order is administered by the State Services Commission.


Pursuant to section 30D of the State Sector Act 1988, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the State Sector (Employee Provisions Applied to Transfer of Functions from Land Transport Safety Authority and Transfund to Ministry of Transport) Order 2004.

2 Commencement
  • This order comes into force on 10 September 2004.

3 Interpretation
  • In this order, unless the context otherwise requires,—

    Authority means the Land Transport Safety Authority of New Zealand continued by section 184 of the Land Transport Act 1998

    Ministry means the Ministry of Transport

    Transfund means Transfund New Zealand continued by section 66 of the Land Transport Management Act 2003.

4 Application of employee provisions to transfer from Authority and Transfund to Ministry
  • (1) The provisions set out in subclause (2) apply to the transfer of functions set out in subclause (3).

    (2) The provisions are—

    • (b) sections 30G to 30I of that Act in so far as—

      • (i) those sections relate to a collective employment agreement that binds the chief executive of the Authority or Transfund before the transfer of the functions; and

      • (ii) that collective employment agreement applies to an employee whose position in the Authority or Transfund ceases to exist as a result of the transfer of functions.

    (3) The transferred functions are as follows:

    • (a) the strategic policy, monitoring, and evaluation functions of the Authority; and

    • (b) the strategic policy function of Transfund.

Martin Bell,
Acting for Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 10 September 2004, applies some of the employee provisions of the State Sector Act 1988 to employees of 2 Crown entities.

The employees affected are—

  • employees of the Land Transport Safety Authority of New Zealand (the Authority) who are affected by a transfer of the Authority’s strategic policy, monitoring, and evaluation functions to the Ministry of Transport (the Ministry); and

  • employees of Transfund New Zealand (Transfund) who are affected by a transfer of Transfund’s strategic policy function to the Ministry.

The provisions applied are—

  • the restriction on technical redundancy section. As a result, an Authority or a Transfund employee who is offered equivalent employment with the Ministry, or who accepts other employment with the Ministry, is not entitled to compensation for technical redundancy:

  • the section that disapplies some of the State Sector Act 1988 provisions that usually apply to appointments. As a result, the Ministry is not obliged to comply with some standard obligations, for example, the obligation to notify a vacancy before appointing an Authority or a Transfund employee:

  • the collective employment agreement provisions. As a result, any collective employment agreement that relates to a transferring employee will continue to apply to the employee after the transfer, but only in so far as it relates to that employee.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 9 September 2004.


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 State Sector (Employee Provisions Applied to Transfer of Functions from Land Transport Safety Authority and Transfund to Ministry of Transport) Order 2004. The reprint incorporates all the amendments to the order as at 10 September 2004, 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)