State Sector (Application of Certain Provisions to Transfer of Functions from Canterbury Earthquake Recovery Authority to Ministry of Business, Innovation, and Employment and Land Information New Zealand) Order 2015

2015/238

Coat of Arms of New Zealand

State Sector (Application of Certain Provisions to Transfer of Functions from Canterbury Earthquake Recovery Authority to Ministry of Business, Innovation, and Employment and Land Information New Zealand) Order 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 19th day of October 2015

Present:
The Right Hon John Key presiding 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 Canterbury Earthquake Recovery Authority to Ministry of Business, Innovation, and Employment and Land Information New Zealand) Order 2015.

2 Commencement

This order comes into force on 28 October 2015.

3 Application of employee provisions

(1)

Sections 30E and 30F of the State Sector Act 1988 apply to the transfer of the functions set out in subclauses (2) and (3) from the Canterbury Earthquake Recovery Authority (a departmental agency hosted by the Department of the Prime Minister and Cabinet) to the Ministry of Business, Innovation, and Employment and Land Information New Zealand.

(2)

The functions transferred to the Ministry of Business, Innovation, and Employment are—

(a)

support for the residential recovery, including monitoring insurance settlements, brokering solutions to rebuild issues, and participation in the Residential Advisory Service governance and operational delivery of services; and

(b)

monitoring and reporting on procurement of the public sector rebuild.

(3)

The functions transferred to Land Information New Zealand are—

(a)

interim land management in residential red zone areas (including insurance recovery); and

(b)

demolitions and clearances in the CBD and residential red zone areas.

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 December 2015 and ending on 30 November 2016, after the transfer of functions referred to in clause 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 28 October 2015, does 2 things.

First, the order applies some of the employee provisions of the State Sector Act 1988 (the Act) to employees affected by the transfer of certain functions listed in clause 3 from the Canterbury Earthquake Recovery Authority (a departmental agency hosted by the Department of the Prime Minister and Cabinet) to the Ministry of Business, Innovation, and Employment and Land Information New Zealand. The provisions applied are—

  • section 30E, which relates to a 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.

Second, 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 December 2015 and ending on 30 November 2016, after the transfer of functions to the Ministry of Business, Innovation, and Employment and Land Information New Zealand.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 22 October 2015.

This order is administered by the State Services Commission.