State Sector (Application of Certain Provisions to Transfer of Functions from Department of Internal Affairs to Department of the Prime Minister and Cabinet) Order 2014

2014/15

Coat of Arms of New Zealand

State Sector (Application of Certain Provisions to Transfer of Functions from Department of Internal Affairs to Department of the Prime Minister and Cabinet) Order 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 17th day of February 2014

Present:
His Excellency the Governor-General in Council

Pursuant to sections 30C, 30K, and 61AB of the State Sector Act 1988, His 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 (Application of Certain Provisions to Transfer of Functions from Department of Internal Affairs to Department of the Prime Minister and Cabinet) Order 2014.

2 Commencement
  • This order comes into force on 1 April 2014.

3 Application of employee provisions
  • Sections 30E and 30F of the State Sector Act 1988 apply to the transfer of the functions of the Ministry of Civil Defence and Emergency Management from the Department of Internal Affairs to the Department of the Prime Minister and Cabinet.

4 Application of consequential changes to references provisions
  • Sections 30H and 30I of the State Sector Act 1988 apply to things coming into force, entered into, or created during the transitional period of 12 months, beginning on 1 April 2014 and ending on 31 March 2015, after the transfer of functions referred to in clause 3.

Michael Webster,
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 1 April 2014, does 2 things.

First, the order applies some of the employee provisions of the State Sector Act 1988 to employees affected by the transfer of the functions of the Ministry of Civil Defence and Emergency Management from the Department of Internal Affairs to the Department of the Prime Minister and Cabinet. The provisions applied are—

  • section 30E, which relates to restriction of compensation for technical redundancy. As a result, a Department of Internal Affairs employee who is offered equivalent employment with the Department of the Prime Minister and Cabinet, or who accepts other employment with the Department of the Prime Minister and Cabinet, is not entitled to compensation for technical redundancy:

  • section 30F, which provides that sections 60 to 61B and 65 of the State Sector Act 1988 do not apply to certain appointments following a transfer of functions. As a result, the Department of the Prime Minister and Cabinet is not obliged to comply with some standard obligations (for example, the obligation to notify a vacancy before appointing a Department of Internal Affairs employee).

Sections 30E and 30F of the State Sector Act 1988 were repealed by the State Sector Amendment Act 2013 with effect from 18 July 2013. However, under section 61AB of the State Sector Act 1988, sections 30E and 30F (among the old redundancy-related sections specified in section 61AB) continue to apply until the end of 18 July 2016.

Secondly, the order applies sections 30H and 30I of the State Sector Act 1988, which concern consequential changes to references to departments, employees, and chief executives following reorganisations, to things coming into force, entered into, or created during a 12-month transitional period, beginning on 1 April 2014 and ending on 31 March 2015, after the transfer of functions to the Department of the Prime Minister and Cabinet.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 February 2014.

This order is administered by the State Services Commission.