State Sector (Establishment of Canterbury Earthquake Recovery Authority as Departmental Agency) Order 2014

  • revoked
  • State Sector (Establishment of Canterbury Earthquake Recovery Authority as Departmental Agency) Order 2014: revoked, on 19 April 2016, by section 152(2) of the Greater Christchurch Regeneration Act 2016 (2016 No 14).

Reprint as at 19 April 2016

Coat of Arms of New Zealand

State Sector (Establishment of Canterbury Earthquake Recovery Authority as Departmental Agency) Order 2014

(LI 2014/372)

State Sector (Establishment of Canterbury Earthquake Recovery Authority as Departmental Agency) Order 2014: revoked, on 19 April 2016, by section 152(2) of the Greater Christchurch Regeneration Act 2016 (2016 No 14).

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 8th day of December 2014

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the State Services Commission.

Pursuant to sections 30A, 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 (Establishment of Canterbury Earthquake Recovery Authority as Departmental Agency) Order 2014.

2 Commencement

This order comes into force on 1 February 2015.

3 State Sector Act 1988 amended

(1)

In the State Sector Act 1988, Schedule 1, repeal the item relating to the Canterbury Earthquake Recovery Authority.

(2)

In the State Sector Act 1988, Schedule 1A, replace Departmental agency Host department with:

Departmental agencyHost department
Canterbury Earthquake Recovery AuthorityDepartment of the Prime Minister and Cabinet

(3)

Sections 30E and 30F of the State Sector Act 1988 apply to the transfer of functions from the department Canterbury Earthquake Recovery Authority to the departmental agency Canterbury Earthquake Recovery Authority.

(4)

Sections 30H and 30I of the State Sector Act 1988 apply to things coming into force, entered into, or created during the transitional period beginning on 1 February 2015 and ending on 18 April 2016 after the transfer of functions referred to in subclause (3).

Michael Webster,
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 February 2015, removes the Canterbury Earthquake Recovery Authority from the list of departments of the Public Service in Schedule 1 of the State Sector Act 1988 (the Act), and instead lists it in Schedule 1A of that Act as a departmental agency hosted by the Department of the Prime Minister and Cabinet.

The order applies some of the employee provisions of the Act to employees affected by the transfer of functions from the department to the departmental agency. The provisions are—

  • section 30E, which relates to restriction of compensation for technical redundancy:

  • section 30F, which provides that sections 60 to 61B and 65 of the Act do not apply to certain appointments following a transfer of functions.

Sections 30E and 30F of the Act were repealed by the State Sector Amendment Act 2013 with effect from 18 July 2013. However, under section 61AB of the Act, sections 30E and 30F continue to apply until the end of 18 July 2016.

The order applies sections 30H and 30I of the Act, 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 transitional period, beginning on 1 February 2015 and ending on 18 April 2016, after the transfer of functions from the department to the departmental agency.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 December 2014.

Reprints notes
1 General

This is a reprint of the State Sector (Establishment of Canterbury Earthquake Recovery Authority as Departmental Agency) Order 2014 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Greater Christchurch Regeneration Act 2016 (2016 No 14): section 152(2)