Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698841189026.pdf (New Zealand)
2008/135 State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Education to Ministry of Social Development) Order 2008 Anand Satyanand, Governor­General Order in Council At Wellington this 26th day of May 2008 Present: His Excellency the Governor­General in Council Pursuant to section 30C of the State Sector Act 1988, His Excellency the Governor­General, acting on the advice and with the consent of the Executive Council, makes the following order.
Contents 1 2 3 Title Commencement Application of employee provisions to transfer of functions from Ministry of Education to Ministry of Social Development Page 2 2 2 1 State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Education to Ministry of Social Development) Order 2008 2008/135 Order Title This order is the State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Education to Ministry of Social Development) Order 2008.
Commencement This order comes into force on 1 July 2008.

Application of employee provisions to transfer of functions from Ministry of Education to Ministry of Social Development Sections 30E to 30G of the State Sector Act 1988 apply to the transfer of functions set out in subclause (2) from the Ministry of Education to the Ministry of Social Development.
The transferred functions are functions in connection with the following parent support and development funding or pro­ grammes: (a) (b) the Family Start Programme: any funding appropriated for, and expended on, pro­ grammes— (i) (ii) of training for new parents; and provided by Parents Centres New Zealand In­ corporated: (c) (d) (e) the Home Instruction Programme for Preschool and Year One Youngsters (HIPPY): the Parents as First Teachers (PAFT) Programme: the Whānau Toko I Te Ora (WTITO) Programme.
Martin Bell, for Clerk of the Executive Council.

cl 1 1 2 3 (1) (2) 2 State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Education to Ministry of Social Development) Order 2008 Explanatory note 2008/135 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 2008, applies some of the employee provisions of the State Sector Act 1988 to employees affected by the transfer of certain functions from the Ministry of Edu­ cation to the Ministry of Social Development.
Those functions are functions in connection with the following parent support and development funding or programmes: • • the Family Start Programme: any funding appropriated for, and expended on, pro­ grammes— • • of training for new parents; and provided by Parents Centres New Zealand Incorpor­ ated: the Home Instruction Programme for Preschool and Year One Youngsters (HIPPY): the Parents as First Teachers (PAFT) Programme: the Whānau Toko I Te Ora (WTITO) Programme.
• • The provisions applied are— • section 30E, which relates to restriction of compensation for technical redundancy.

As a result, a Ministry of Education em­ ployee who is offered equivalent employment with the Min­ istry of Social Development, or who accepts other employ­ ment with the Ministry of Social Development, is not entitled to 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, the Ministry of Social Development is not obliged to com­ ply with some standard obligations (for example, the obliga­ tion to notify a vacancy before appointing a Ministry of Edu­ cation 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 • • • 3 State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Education to Ministry of Social Development) Order 2008 2008/135 to apply to those employees after the transfer, but only in so far as it relates to those employees.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 29 May 2008.


This order is administered by the State Services Commission.

12 4 Wellington, New Zealand: Published under the authority of the New Zealand Government—2008