Tisch Lindsay: Local Government (Auckland Reorganisation) Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Tisch Lindsay: Local Government (Auckland Reorganisation) Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:654;Page:3650] 
The CHAIRPERSON (Lindsay Tisch) 
: The Minister’s amendment has now been agreed to. Therefore the amendments in the name of Darien Fenton are now ruled out as they are inconsistent with a previous decision of the Committee. 
The question was put that the following amendment in the name of Carol Beaumont be agreed to: 
to insert the following new part: 
Part 10 
Provisional personnel provisions of Auckland Council and Auckland Transition Agency 
101General principles 
(1)The Transition Agency and new Auckland Council must— 
(a)operate a personnel policy that complies with the principle of being a good employer; and 
(b)make that policy (including the equal employment opportunities programme) available to its employees; and 
(c) ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report on the extent of its compliance. 
(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 in Auckland public affairs; and 
(e)opportunities for the enhancement of the abilities of individual employees; and 
(f)recognition of the aims and aspirations and employment requirements 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)In addition to the requirements specified in subsections (1) and (2) of this section the chief executive shall ensure that all employees maintain proper standards of integrity conduct and concern for the public interest. 
(4)This part applies for three years from the commencement of this Act. 
102Equal employment opportunities 
(1) For the purposes of section 101 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 to the employment of any persons or group of persons. 
103Employee context 
(1)In this part an  
employee of a local government 
 does not include a person who in the context of local government employment is a casual or temporary employee other than a long term casual or temporary employee of the local government. 
(2)In this section  
long term casual or temporary employee 
 of a local government means a casual or temporary employee of the local government who has been employed by the local government or by the local government and its predecessor local government on a regular and systematic basis for several periods of employment for at least 1 year immediately before the issue arises as to whether the employee is a long term casual or temporary employee. 
104Appointments on merit 
The chief executive in making any personnel appointments shall give preference to the person who is best suited to the position. 
105Acting appointments 
(1)In the case of absence from duty of any employee (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position in the Auckland Transition Agency or Auckland Council (whether by reason of death resignation or otherwise) and from time to time while the absence or vacancy continues all or any of the powers and duties of the employee or pertaining to the position may be exercised and performed by any other employee for the time being directed by the chief executive to exercise and perform them whether the direction has been given before the absence or vacancy occurs or while it continues. 
(2)No such direction and no acts done by any employee acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased or on the ground that the employee has not been appointed to any position to which the direction relates. 
106Application of Part 10 for transferring employees 
(1)For employees transferring to the new Auckland Council this Part applies to any local government in the Auckland Region as defined in Part 1. 
(2)For employees transferring to the new Auckland Council this Part applies to a person as an employee of a local government other than the chief executive officer of a local government. 
107Prohibition on retrenchment because of reform matter implementation 
(1)A local government must not take any action to end an employee’s employment with the local government if the action is taken whether completely or partly and whether directly or indirectly because of the taking effect under this Act. 
(2)For deciding whether a local government has contravened subsection (1) the reason given by a local government for taking action to end a person’s employment must be considered but is not conclusive. 
108Local government workforce transition code of practice 
(1)The Minister will approve codes of practice (workforce transition codes of practice) directed at ensuring the proper transition of local government workforces from any existing local government to any new or adjusted local government as in existence after the changeover day for the new or adjusted local government area. 
(2)Without limiting subsection (1) a workforce transition code of practice may establish employment terms and conditions for employees that are consistent with— 
(a)firstly the essential principles stated in subsection (3); and 
(b)secondly the supporting principles stated in subsection. 
(3)The essential principles are that— 
(a)services delivery levels should be maintained or enhanced; and 
(b) as far as possible the locations at which local government employees perform their work should not be changed. 
(4)The supporting principles are that— 
(a)employment security for local government employees should be maximised; 
(b)local government staff should be retained to the maximum extent achievable; 
(c)the impact of reform matters on local government employees should be minimised; 
(d)there should be maximum employee involvement in the implementation of the reform matters as they affect employees; 
(e)contracts of employment should be honoured; 
(f)there should be maximum support given to employees; 
(g)employees should be treated fairly and with respect; 
(h)merit and equity should apply in all appointments; 
(i)there should be prompt and sensitive dispute resolution; 
(j)there should be no overall loss of employment across the local government employment sector; 
(k)there should be no overall reduction in working conditions for any employee; 
(l)there should be no overall disadvantage to an employee in relation to the employee’s working conditions. 
(5)It is the responsibility of each local government to ensure to the extent a workforce transition code of practice applies to the local government that the local government acts in conformity with the code of practice. 
(6)A workforce transition code of practice whether made before or after the commencement of this subsection is not subordinate legislation but is a statutory instrument. 
109When workforce transition code of practice takes effect 
(1)The Minister must notify the House of making of a workforce transition code of practice. 
(2)A workforce transition code of practice takes effect— 
(a)on the day the Minister’s notice is notified or published in the  
Gazette 
; or 
(b)if a later day is stated in the Minister’s notice or the workforce transition code of practice—on that day.