Responsibility of Ministers

Incorporation of company

Crown shareholding

Application of State-Owned Enterprises Act 1986 and Government Superannuation Fund Act 1956

Personnel policy

Equal employment opportunities

Choice of procedure

Consequential amendments

Schedule Enactments Amended

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New Zealand Symphony Orchestra Act 1988

Public Act		1988 No 163
Date of assent		29 November 1988

An Act to provide for the incorporation of a company to be known as New Zealand Symphony Orchestra Limited 29 November 1988

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1)

This Act may be cited as the New Zealand Symphony Orchestra Act 1988.

(2)

This Act shall come into force on the day on which it receives the Royal assent.

2 Act to bind the Crown

This Act shall bind the Crown.

3 Interpretation

In this Act, unless the context otherwise requires,—

“The company” means New Zealand Symphony Orchestra Limited, a company to be formed as a private company under the Companies Act 1955:

“Shareholding Ministers” means the Minister of Broadcasting, the Minister of Arts and Culture, and the Minister of Finance.

4 Responsibility of Ministers

The shareholding Ministers shall be responsible to the House of Representatives for the performance of the functions given to them by this Act.

5 Incorporation of company

(1)

Notwithstanding anything in the Companies Act 1955 or any other enactment or rule of law, the shareholding Ministers may form and register under the Companies Act 1955 a private company limited by shares that has the name “New Zealand Symphony Orchestra Limited”.

(2)

All the shares in the capital of the company shall on its incorporation be subscribed for by the shareholding Ministers on behalf of the Crown in equal proportions.

(3)

All the shares in the capital of the company subscribed for in accordance with subsection (2) of this section shall be deemed to have been allotted as fully paid up to each shareholding Minister in equal proportions.

(4)

Nothing in section 60 of the Companies Act 1955 (which relates to returns of allotments and prescribes the documents that must be delivered to the Registrar of Companies when shares are allotted for a consideration other than cash) shall apply to shares which are deemed to have been allotted pursuant to subsection (3) of this section.

(5)

Except as provided in subsections (1) and (4) of this section and in section 19 of the State-Owned Enterprises Act 1986 (as applied to the company by section 7 of this Act), the Companies Act 1955 shall apply to the company.

(6)

Nothing in this section prevents the name of the company being changed in accordance with the provisions of the Companies Act 1955.

6 Crown shareholding

(1)

Each shareholding Minister may, from time to time, on behalf of the Crown, subscribe for or otherwise acquire shares in the capital of the company in addition to the shares subscribed for under section 5 of this Act.

(2)

Any money required to be paid by a shareholding Minister for the purpose of subsection (1) of this section shall be paid out of the Consolidated Account or Loans Account from money appropriated by Parliament for the purpose.

(3)

Shares in the capital of the company in the name of a person described as the Minister of Broadcasting or the Minister of Arts and Culture or the Minister of Finance shall be held by the person for the time being holding the office of Minister of Broadcasting or Minister of Arts and Culture or Minister of Finance, as the case may be.

(4)

Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of shares in the capital of the company consequent upon a changein the person holding office as the Minister of Broadcasting or Minister of Arts and Culture or Minister of Finance, as the case may be.

7 Application of State-Owned Enterprises Act 1986 and Government Superannuation Fund Act 1956

Part III of the State-Owned Enterprises Act 1986, and section 2a of the Government Superannuation Fund Act 1956, shall apply in relation to the company and for those purposes the company shall be deemed to be a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986.

8 Personnel policy

(1)

The company shall 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 company; 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.

9 Equal employment opportunities

(1)

The company—

(a)

Shall develop and publish in each year an equal employment opportunities programme:

(b)

Shall 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 8 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.

10 Choice of procedure

Where the circumstances giving rise to a personal grievance by a person employed by the company 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.

11 Consequential amendments

The enactments specified in the Schedule to this Act are hereby amended in the manner indicated in that Schedule.

Schedule Enactments Amended

Section 11

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 its appropriate alphabetical order, the following item: “New Zealand Symphony Orchestra 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 its appropriate alphabetical order, the following item: “New Zealand Symphony Orchestra 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 its appropriate alphabetical order, the following item: “New Zealand Symphony Orchestra Limited”.
1988, No. 20—The State Sector Act 1988	By inserting in the Second Schedule, in its appropriate alphabetical order, the following item: “New Zealand Symphony Orchestra Limited”.

This Act is administered in the Ministry of Commerce.

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New Zealand Symphony Orchestra Act 1988