State Sector (Department of Building and Housing) Order 2004

  • revoked
  • State Sector (Department of Building and Housing) Order 2004: revoked, on 7 August 2020, by section 134 of the Public Service Act 2020 (2020 No 40).

Reprint as at 7 August 2020

State Sector (Department of Building and Housing) Order 2004

(SR 2004/324)

State Sector (Department of Building and Housing) Order 2004: revoked, on 7 August 2020, by section 134 of the Public Service Act 2020 (2020 No 40).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint. See the notes at the end of this reprint for further details.

This order is administered by the State Services Commission.

Pursuant to sections 30A and 30C 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.

1 Title

This order is the State Sector (Department of Building and Housing) Order 2004.

2 Commencement

This order comes into force on 1 November 2004.

3 Ministry of Housing omitted from Schedule 1 of State Sector Act 1988

Schedule 1 of the State Sector Act 1988 is amended by omitting the item relating to the Ministry of Housing.

4 Department of Building and Housing inserted in Schedule 1 of State Sector Act 1988

Schedule 1 of the State Sector Act 1988 is amended by inserting, in its appropriate alphabetical order, the following item: “Department of Building and Housing”.

5 Application of employee provisions to transfer of functions from Ministry of Economic Development to Department of Building and Housing

(1)

Sections 30E to 30G of the State Sector Act 1988 apply to the transfer of functions set out in subclause (2).

(2)

The transferred functions are as follows:

(a)

the administration of the following Acts:

(i)

the Architects Act 1963:

(ii)

the Building Act 1991:

(b)

providing information and policy advice to the Government in relation to building and construction and related matters, including weathertightness.

Diane Morcom,

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 1 November 2004, does 2 things.

First, the order removes from the list of the Departments of the Public Service that is contained in Schedule 1 of the State Sector Act 1988 the name of the Ministry of Housing and adds the name of the Department of Building and Housing. This is required to reflect the change in the name of the Ministry of Housing to the Department of Building and Housing.

Secondly, the order applies some of the employee provisions of the State Sector Act 1988 to employees affected by the transfer of some of the functions of the Ministry of Economic Development to the Department of Building and Housing. The provisions applied are—

  • section 30E relating to the restriction of compensation for technical redundancy. As a result, a Ministry of Economic Development employee who is offered equivalent employment with the Department of Building and Housing, or who accepts other employment with the Department of Building and Housing, is not entitled to receive compensation for technical redundancy:

  • section 30F, which disapplies some of the State Sector Act 1988 provisions that usually apply to appointments. As a result, the Department of Building and Housing is not obliged to comply with some standard obligations, for example, the obligation to notify a vacancy before appointing a Ministry of Economic Development employee:

  • section 30G, which relates to the application of collective agreements. As a result, any collective employment agreement that relates to transferring employees will continue to apply to those employees after the transfer, but only in so far as it relates to those employees.

The functions that are transferred, and to which this order relates, are as follows:

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 September 2004.

Reprint notes
1 General

This is a reprint of the State Sector (Department of Building and Housing) Order 2004 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 About this reprint

This reprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this reprint

Public Service Act 2020 (2020 No 40): section 134