This Act is the State Sector Amendment Act 2003.
In this Act, the State Sector Act 1988 is called
State Sector Amendment Act 2003
| Jurisdiction | New Zealand |
| Citation | 2003 No 41 |
| Reference | 2003 No 41 |
| Record Number | DLM201330 |
| Act Number | 41 |
| Type of Document | Act |
Sections 6 to 12(1) and 13 to 16, and Schedule 1, so far as they relate to the Department of Work and Income, the Department of Social Welfare, or the Ministry of Social Development, are deemed to have come into force on 1 October 2001.
Sections 6 to 11 and 14 to 16, so far as they relate to the Department for Courts or to the Ministry of Justice, come into force on 1 October 2003.
Section 12(2) and (3), and Schedules 2 and 3 come into force on 1 October 2003.
The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
The purpose of this Act is to—
- amend the State Sector Act 1988 to reflect and provide for reorganisations within and into the Public Service (including by enabling the restriction of compensation for technical redundancies arising from reorganisations); and
reflect and provide for—
- the change of the Department of Work and Income's name to the Ministry of Social Development; and
- the abolition of the Department of Social Welfare and the transfer of its functions to the Ministry of Social Development; and
- the abolition of the Department for Courts and the transfer of its functions to the Ministry of Justice.
Reorganisations generally
The principal Act is amended by inserting, after section 30, the following sections:
The Governor-General may, by Order in Council, declare that all or any of the following provisions apply to a transfer of functions from a Crown entity (within the meaning of section 2(1) of the Public Finance Act 1989) to a Department:
- sections 30E and 30F:
sections 30G to 30I in so far as—
- those sections relate to a collective employment agreement that binds the chief executive of the Crown entity before the transfer of the functions; and
- that collective employment agreement applies to an employee whose position in the Crown entity ceases to exist as a result of the transfer of functions.
On the commencement of an Order in Council under subsection (1), the sections declared to apply in respect of the Crown entity named in the order apply—
- as if a reference to Department A in that section were a reference to that Crown entity; and
- with all other necessary modifications.
An employee is not entitled to receive any payment or other benefit on the ground that his or her position in Department A has ceased to exist if—
- the position ceases to exist as a result of a transfer of functions from Department A to Department B; and
in connection with that transfer of functions,—
- the employee is offered equivalent employment in Department B (whether or not the employee accepts the offer); or
- the employee is offered, and accepts, other employment in Department B.
Equivalent employment to the employee's employment in Department A is employment in Department B—
- in substantially the same position; and
- in the same general locality; and
- on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
- on terms that treat the period of service with Department A (and any other period of service recognised by Department A as continuous service) as if it were continuous service with Department B.
This section limits which employees may be bound by a collective agreement that—
- binds the chief executive of Department A before a transfer of functions from Department A to Department B and that, as...
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