State-Owned Enterprises Amendment Act (No. 4)
State-Owned Enterprises Amendment Act (No. 4)
State-Owned Enterprises Amendment Act (No. 4)
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State-Owned Enterprises Amendment Act (No. 4)
Public Act |
1988 No 162 |
|
Date of assent |
29 November 1988 |
|
Contents
An Act to amend the State-Owned Enterprises Act 1986
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the State-Owned Enterprises Amendment Act (No. 4) 1988, and shall be read together with and deemed part of the State-Owned Enterprises Act 1986 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the day on which it receives the Royal assent.
2 Additions to First Schedule
(1)
The First Schedule to the principal Act is hereby amended by inserting, after the item relating to Post Office Bank Limited, the following item:
“Radio New Zealand Limited”.
(2)
The First Schedule to the principal Act is hereby further amended by inserting, after the item relating to Telecom Corporation of New Zealand Limited, the following item:
“Television New Zealand Limited”.
3 Additions to Second Schedule
(1)
The Second Schedule to the principal Act is hereby amended by inserting, after the item relating to Post Office Bank Limited, the following item:
“Radio New Zealand Limited”.
(2)
The Second Schedule to the principal Act is hereby further amended by inserting, after the item relating to Telecom Corporation of New Zealand Limited, the following item:
“Television New Zealand Limited”.
4 Personnel policy
(1)
Radio New Zealand Limited and Television New Zealand Limited shall each operate a personnel policy that complies with the principle of being a good employer.
(2)
For the purposes of this section a “good employer”
is an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—
(a)
Good and safe working conditions; and
(b)
An equal employment opportunities programme; and
(c)
The impartial selection of suitably qualified persons for appointment; and
(d)
Recognition of—
(i)
The aims and aspirations of the Maori people; and
(ii)
The employment requirements of the Maori people; and
(iii)
The need for greater involvement of the Maori people as employees of the employer operating the personnel policy; and
(e)
Opportunities for the enhancement of the abilities of individual employees; and
(f)
Recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and
(g)
Recognition of the employment requirements of women; and
(h)
Recognition of the employment requirements of persons with disabilities.
(3)
Nothing in section 4(1)(b) of the State-Owned Enterprises Act 1986 applies in respect of Radio New Zealand Limited or Television New Zealand Limited.
5 Equal employment opportunities
(1)
Radio New Zealand Limited and Television New Zealand Limited—
(a)
Shall each develop and publish in each year an equal employment opportunities programme:
(b)
Shall each ensure in each year that the equal employment opportunities programme for that year is complied with.
(2)
For the purposes of this section and section 4 of this Act, an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect of the employment of any persons or group of persons.
6 Choice of procedure
Where the circumstances giving rise to a personal grievance by a person employed by Radio New Zealand Limited or Television New Zealand Limited are also such that that person would be entitled to make a complaint under the Human Rights Commission Act 1977 or the Race Relations Act 1971 or to exercise a right of review or appeal, that person may take one but not more than one of the following steps:
(a)
The person may invoke, in relation to those circumstances, the procedures applicable in relation to personal grievances under the Labour Relations Act 1987 or the relevant award or agreement:
(b)
The person may make, in relation to those circumstances, a complaint under the Human Rights Commission Act 1977 or the Race Relations Act 1971:
(c)
The person may exercise the right of review or appeal.
7 Ministers of the Crown not to give certain directions
Nothing in this Act or the principal Act authorises any Minister of the Crown to give a direction to Radio New Zealand Limited or Television New Zealand Limited, or any subsidiary of Radio New Zealand Limited or Television New Zealand Limited, or any director or officer or employee of Radio New Zealand Limited or Television New Zealand Limited or any such subsidiary, in respect of—
(a)
A particular programme or a particular allegation or a particular complaint; or
(b)
The gathering or presentation of news or the preparation or presentation of current affairs programmes:
(c)
The responsibility of Radio New Zealand Limited or Television New Zealand Limited for programme standards.
8 Individual contracts of service
(1)
Subject to this section, Radio New Zealand Limited and Television New Zealand Limited may, in such circumstances as each may determine, engage officers and employees under individual contracts of service for such terms of office or appointment, and on such terms and conditions of service, as each may decide.
(2)
Subject to subsection (3) of this section, neither Radio New Zealand Limited nor Television New Zealand Limited shall engage any person under subsection (1) of this section under a contract that provides for the full-time or substantially full-time employment of that person if, at the time when the contract is entered into, the number of persons who are full-time or substantially full-time employees of the company and who are engaged under that subsection exceeds—
(a)
In the case of Radio New Zealand Limited, 25 percent; and
(b)
In the case of Television New Zealand Limited, 20 percent,—
of the number of persons who are full-time or substantially fulltime employees of the company (including persons who are such employees by virtue of contracts under subsection (1) of this section).
(3)
The percentages specified in subsection (2) of this section may be altered from time to time by agreement between—
(a)
Radio New Zealand Limited or Television New Zealand Limited, as the case may require; and
(b)
A union designated for the purpose from time to time by the central organisation of workers within the meaning of the Labour Relations Act 1987.
(4)
Notwithstanding section 8 of the principal Act, nothing in any award or agreement registered under the Labour Relations Act 1987 shall apply in relation to officers and employees of Radio New Zealand Limited or Television New Zealand Limited engaged under subsection (1) of this section.
(5)
Nothing in this Act—
(a)
Prevents a union membership rule from covering persons engaged under subsection (1) of this section; or
(b)
Prevents a person engaged under subsection (1) of this section from belonging to the union whose membership rule covers that person.
(6)
This section expires with the close of the 30th day of November 1990.
9 Consequential amendments
The enactments specified in the Schedule to this Act are hereby amended in the manner indicated in that Schedule.
10 Repeal
The Queen Elizabeth the Second Arts Council of New Zealand Amendment Act 1980 is hereby consequentially repealed.
11 Modifications of Broadcasting Regulations 1977
Nothing in Part V of the Broadcasting Regulations 1977 shall apply in relation to warrants held by Radio New Zealand Limited or Television New Zealand Limited under the Broadcasting Act 1976.
Schedule Enactments Amended
Section 9
| Title of Act | Amendment |
|---|---|
| 1975, No. 9—The Ombudsmen Act 1975 (R.S. Vol. 21, p. 657) | By inserting in Part II of the First Schedule, in their appropriate alphabetical order, the following items: “Radio New Zealand Limited” “Television New Zealand Limited”. |
| 1976, No. 65—The Income Tax Act 1976 (R.S. Vol. 12, p. 1) | By inserting in the Fourteenth Schedule (as substituted by section 23(1) of the State Services Conditions of Employment Amendment Act 1987), in their appropriate alphabetical order, the following items: “Radio New Zealand Limited” “Television New Zealand Limited”. |
| 1982, No. 156—The Official Information Act 1982 | By inserting in the First Schedule (as substituted by section 23(1) of the Official Information Amendment Act 1987), in their appropriate alphabetical order, the following items: “Radio New Zealand Limited” “Television New Zealand Limited”. |
| 1988, No. 20—The State Sector Act 1988 | By inserting in the Second Schedule, in their appropriate alphabetical order, the following items: “Radio New Zealand Limited” “Television New Zealand Limited”. |
This Act is administered in the Treasury.
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Versions
State-Owned Enterprises Amendment Act (No. 4)
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