Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698841331555.pdf (New Zealand)
2011/136 State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2011 Anand Satyanand, Governor-General Order in Council At Wellington this 16th day of May 2011 Present: His Excellency the Governor-General in Council Pursuant to sections 30A, 30C, and 30K 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.
Contents 1 2 3 4 Title Commencement Ministry of Fisheries omitted from Schedule 1 of State Sector Act 1988 Application of employee provisions Page 2 2 2 2 1 State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2011 cl 1 Application of consequential changes to references provisions 2011/136 2 Order Title This order is the State Sector (Application of Certain Provi- sions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2011.
Commencement This order comes into force on 1 July 2011.

Ministry of Fisheries omitted from Schedule 1 of State Sector Act 1988 Schedule 1 of the State Sector Act 1988 is amended by omit- ting the item relating to the Ministry of Fisheries.

Application of employee provisions Sections 30E to 30G of the State Sector Act 1988 apply to the transfer of the functions of the Ministry of Fisheries to the Ministry of Agriculture and Forestry.
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 July 2011 and ending on 30 June 2012, after the transfer of functions specified in clause 4.

Rebecca Kitteridge, Clerk of the Executive Council.
5 State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2011 Explanatory note 2011/136 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 1 July 2011, does 3 things.
First, the order removes the Ministry of Fisheries (MFish) from the list of departments of the Public Service in Schedule 1 of the State Sector Act 1988, because MFish is abolished and its functions are transferred to the Ministry of Agriculture and Forestry (MAF) by exercise of the Crown’s prerogative on 1 July 2011.

Secondly, the order applies some of the employee provisions of the State Sector Act 1988 to employees of MFish affected by the transfer of MFish’s functions to MAF.
The provisions applied are— • section 30E, which relates to the restriction of compensation for technical redundancy.

As a result, an employee of MFish who is offered equivalent employment with MAF, or who ac- cepts other employment with MAF, is not entitled to receive compensation for technical redundancy: section 30F, which disapplies some of the State Sector Act 1988 provisions that usually apply to appointments.
As a re- sult, MAF is not obliged to comply with some standard obli- gations, for example, the obligation to notify a vacancy before appointing an MFish employee: section 30G, which relates to the application of collective em- ployment agreements.

As a result, any collective employment agreement that relates to transferring employees will continue to apply to those employees after the transfer, but only in so far as it relates to those employees.
• • Thirdly, the order applies sections 30H and 30I of the State Sector Act 1988 (which concern consequential changes to references to depart- ments and chief executives in enactments and other things in force at the time of reorganisations) to things coming into force, entered into, or created during a 12-month transitional period after the transfer of the functions of MFish to MAF.

The period begins on 1 July 2011 and ends on 30 June 2012.
3 State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2011 2011/136 Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 19 May 2011.

This order is administered by the State Services Commission.

12 4 Wellington, New Zealand: Published under the authority of the New Zealand Government—2011