Act Repealed Latest version as at 19 September 1975 (as enacted) | 1975 No 44

State Services Remuneration and Conditions of Employment Amendment Act 1975

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Contents

Short Title and commencement

State Services Tribunal

Validation

State Services Remuneration and Conditions of Employment Amendment Act 1975

Public Act		1975 No 44
Date of assent		19 September 1975

	Title
1	Short Title and commencement
2	State Services Tribunal
3	Validation
	Administrative information

An Act to amend the State Services Remuneration and Conditions of Employment Act 1969

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement

(1)

This Act may be cited as the State Services Remuneration and Conditions of Employment Amendment Act 1975, and shall be read together with and deemed part of the State Services Remuneration and Conditions of Employment Act 1969 (hereinafter referred to as the principal Act).

(2)

This Act shall be deemed to have come into force on the 1st day of December 1974.

2 State Services Tribunal

(1)

Section 27 of the principal Act (as amended by section 2 of the State Services Remuneration and Conditions of Employment Amendment Act 1970) is hereby amended by repealing subsection (2), and substituting the following subsections:

“(2)

The State Services Tribunal shall consist of—

“(a)

A Chairman of the Tribunal, who shall be a Judge or an additional Judge of the Court of Arbitration or a Magistrate or a barrister or solicitor of the Supreme Court of not less than 7 years’ practice, whose appointment as Chairman of the Tribunal is agreed upon by the Minister and the service organisations for the whole of the State Services, or in default of agreement is recommended by the Minister:

“(b)

Two official members:

“(c)

One service member and an alternate service member who shall be appointed on the joint nomination of the service organisations or, in default of a joint nomination, after consultation by the Minister with each of the service organisations:

“Provided that a nomination made by the service organisations under such system of voting as may be agreed to by the service organisations, or, in default of any such agreement as may be prescribed, shall be deemed to be the joint nomination of the service organisations.

“(2a)

The two official members shall not be entitled to sit as members of the Tribunal at the same time, and shall mutually agree on the one to act as a member of the Tribunal during any particular application or applications. In default of agreement in any case, the Chairman shall determine by lot which official member shall so act.

“(2b)

The service member and the alternate service member shall not be entitled to sit as members of the Tribunal at the same time. The service member shall sit as a member of the Tribunal, and the alternate service member shall sit in place of the service member only when the service member is unable to sit by reason of illness, absence, or other cause (whatever its nature).

“(2c)

The members of the Tribunal shall be appointed by the Governor-General in Council on the recommendation of the Minister.”

(2)

The said section 27 is hereby further amended by adding the following subsection:

“(9)

The fact that any official member (in the absence of the other official member), or any alternate service member (in the place of the service member), of the Tribunal attends and acts as a member of the Tribunal at any meeting of the Tribunal shall be conclusive evidence of his authority to do so.”

(3)

The said section 27 is hereby further amended by omitting from subsection (4) the words “subsection (2)”, and substituting the words “subsections (2) and (2c)”.

(4)

The State Services Remuneration and Conditions of Employment Amendment Act 1970 is hereby consequentially repealed.

3 Validation

Proceedings heard and orders and decisions made by the Tribunal after the 30th day of November 1974 shall be valid notwithstanding that two persons have acted as official members of the Tribunal after that date.

This Act is administered in the State Services Commission.

State Services Remuneration and Conditions of Employment Amendment Act 1975