Department of Child, Youth and Family Services Act 1999

1: Short Title and commencement
1: This Act may be cited as the Department of Child, Youth and Family Services Act 1999.
2: This Act comes into force on 1 October 1999.
2: Maori name of Department of Child, Youth and Family Services
Section 2 repealed 14 July 2017 section 150(1) Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
1: Preliminary provisions and transfer of employees
3: Interpretation
In this Act, unless the context otherwise requires,— chief executive Oranga Tamariki Act 1989 contract designated party
a: a Minister of the Crown, in his or her capacity as the Minister responsible for the administration of the Oranga Tamariki Act 1989
b: the Director-General of Social Welfare, in his or her capacity as a person with functions under, or connected with the administration of,—
i: the Adoption Act 1955
ii: the Care of Children Act 2004
iii: the Disabled Persons Community Welfare Act 1975
iv: the Adult Adoption Information Act 1985
v: the Protection of Personal and Property Rights Act 1988
vi: the Oranga Tamariki Act 1989
vii: the Adoption (Intercountry) Act 1997
c: a Social Worker employed by the Department of Social Welfare, in his or her capacity as a person with functions connected with—
i: the Adoption Act 1955
ii: the Care of Children Act 2004
iii: the Adult Adoption Information Act 1985
iv: the Protection of Personal and Property Rights Act 1988
v: the Oranga Tamariki Act 1989 designated successor
a: in relation to a person specified in paragraph (a) of the definition of the term designated party, the responsible Minister:
b: in relation to the person specified in paragraph (b) of the definition of the term designated party, the chief executive of the responsible department:
c: in relation to a person specified in paragraph (c) of the definition of the term designated party, an appropriate Social Worker employed by the responsible department designated unit
a: the Children, Young Persons and Their Families Agency:
b: the Children, Young Persons and Their Families Service (formerly called the New Zealand Children and Young Persons Service):
c: the New Zealand Community Funding Agency premises responsible department Oranga Tamariki Act 1989 responsible Minister Oranga Tamariki Act 1989 specified right of appeal
a: a right of appeal under section 12 section 13A section 20
b: a right of appeal under section 143 section 145
c: a right of appeal under section 341 section 342 section 347 Oranga Tamariki Act 1989
d: a right of appeal under section 20 specified right of review section 21 transferred employee section 61A Section 3 chief executive amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3 designated party amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3 designated party amended 1 July 2005 section 151 Care of Children Act 2004 Section 3 designated party amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3 designated party amended 1 July 2005 section 151 Care of Children Act 2004 Section 3 designated party amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3 responsible department amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3 responsible Minister amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 3 specified right of appeal amended 1 July 2005 section 151 Care of Children Act 2004 Section 3 specified right of appeal amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
4: Application of employment contracts
1: This section and sections 5 6
2: Unless a transferred employee's employment contract otherwise provides and subject to subsection (3), the transferred employee's employment contract continues to apply to that employee, on and from the date the employee transfers to the responsible department, on the same terms and conditions (including the period of the contract)—
a: as if it were a contract that had been made in respect of the responsible department; and
b: as if it were binding on both that employee and on the chief executive of the responsible department, and on any other party to that contract.
3: If there is a change to an employee's duties or location arising out of his or her transfer to the responsible department, the conditions of employment of that employee may be varied by agreement to reflect that change but the conditions of employment (as so varied) must be no less favourable than those that the employee was entitled to receive under the employment contract applying to the employee at the date of the transfer.
4: Subsections (2) and (3) continue to apply to the conditions of employment of each transferred employee to whom this section applies until such time as any of the conditions of employment that apply under the employment contract applying to that employee at the date of the transfer are subsequently varied (otherwise than for the purpose referred to in subsection (3)).
5: The conditions of employment of each such transferred employee are, on and from the date of any subsequent variation to which subsection (4) applies, to be determined in accordance with the employment contract applying to that employee in the responsible department.
6: Nothing in subsection (2) or subsection (3) continues to apply to any transferred employee who receives any subsequent appointment, whether within the responsible department or any other department.
5: Employment to be continuous
For the purposes of any provisions of a transferred employee's employment contract relating to continuity of service, that employee's transfer from the Department of Social Welfare to the responsible department is insufficient by itself to break his or her employment.
6: Transfer not sufficient to entitle employee to redundancy or severance payment
No transferred employee is entitled to receive any compensation for redundancy or any severance payment because—
a: the position held by that employee in the Department of Social Welfare has ceased to exist; or
b: he or she has ceased by virtue of his or her transfer to be an employee of the Department of Social Welfare.
2: Transfer of obligations and functions, and other matters
7: Transfers of contracts or leases not to give rise to claims
1: No person has any claim against the Crown for breach of any contract merely because the administration of the contract or the benefit or burden of the contract is transferred (in whole or in part) to the responsible department, whether or not the person has agreed to the transfer.
2: Subsection (1) applies whether or not the transfer involves the responsible department and its employees gaining access to any information, data, programme, intellectual property right, know-how, chattel, equipment, transmission device, or facility of the claimant or any other person.
3: No person has any claim against the Crown for breach of any lease of any premises which are to be occupied or administered (in whole or in part) by the responsible department merely because of that occupation or administration of the premises by the responsible department, whether or not the person has agreed to the occupation or administration of the premises.
8: Continuation of existing proceedings
1: If, before the commencement of this Act, a designated party or designated unit has initiated or become a party to any proceedings (including proceedings involving the exercise by any person of a specified right of appeal or specified right of review, in respect of the Department of Social Welfare), the proceedings may be continued, completed, and enforced by or against the designated successor.
2: If, before the commencement of this Act, any person was entitled, or claimed to be entitled, to issue any proceedings, apply for or exercise any right of review, or to exercise any right of appeal, referred to in subsection (1),—
a: that person may, after the commencement of this Act, commence the proceedings, review, or appeal as if the designated successor were the appropriate person in respect of whom the proceedings, review, or appeal relates; and
b: the provisions of subsection (1) apply to any such proceedings, review, or appeal commenced under paragraph (a) as if they had been commenced prior to the commencement of this Act; and
c: no such proceedings, review, or appeal may be commenced in respect of any person other than the designated successor.
9: Savings relating to brands, logos, marks, etc
All names, brands, stamps, logos, emblems, marks, forms, and other representations or documents that were, immediately before the date of commencement of this Act, in use by the Department of Social Welfare for the purposes of 1 or more of the designated units—
a: continue to have effect in relation to anything done before that date; and
b: may continue to be used, and are to have effect, for the purposes of the functions, duties, and powers of the responsible Minister, the responsible department, or the chief executive of the responsible department under the Oranga Tamariki Act 1989 Section 9(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
10: Saving of certain appointments
Nothing in this Act affects the appointment of any person as—
a: a member of a Care and Protection Resource Panel under section 428 Oranga Tamariki Act 1989
b: a member of a grievance panel under regulation 29 Section 10(a) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
11: References to functions being transferred to responsible department
1: Unless the context otherwise requires, in any regulation, rule, order, agreement, deed, instrument, application, notice, direction, contract, lease, or other document in force at the commencement of this Act, the references specified in subsections (2) to (4) must be read in the manner indicated in those subsections.
2: Every reference to the Director-General of Social Welfare (or the chief executive of the Department of Social Welfare), when used in relation to 1 or more of the designated units, is a reference to the chief executive of the responsible department.
3: Every reference to the Director-General of Social Welfare (or the chief executive of the Department of Social Welfare), when used in relation to his or her functions, duties, or powers under the Oranga Tamariki Act 1989
4: Every reference to any designated unit, where the unit is referred to in its own right and the reference does not apply to other units of the Department of Social Welfare, is a reference to the responsible department.
5: Unless the context otherwise requires, when used in relation to the following enactments, every reference to the Department of Social Welfare is a reference to the responsible department:
a: the Adoption Act 1955
b: the Care of Children Act 2004
c: the Adult Adoption Information Act 1985
d: the Oranga Tamariki Act 1989
e: the Adoption (Intercountry) Act 1997
6: Unless the context otherwise requires, every reference to a Social Worker employed in the Department of Social Welfare, when used in relation to any enactment, is a reference to a Social Worker employed by the responsible department. Section 11(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(5)﻿(b) amended 1 July 2005 section 151 Care of Children Act 2004 Section 11(5)﻿(d) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
12: Transfer of contracts and leases
1: The Director-General of Social Welfare may transfer to the chief executive specified responsibilities for the administration of a contract or lease or any specified benefit, or specified burden, of a contract or lease if—
a: the Director-General, or the Department of Social Welfare, or the Crown acting by or through the Director-General or the department, is a party to the contract or lease; and
b: the contract or lease is in force at the commencement of this Act; and
c: the contract or lease relates—
i: to the functions of the unit of the Department of Social Welfare called the Children, Young Persons and Their Families Agency; and
ii: to the functions of any other unit of the Department of Social Welfare, or to the functions of another department, or to both.
2: A transfer may be made under subsection (1) only if—
a: the chief executive agrees to the transfer; and
b: a notice in writing of the transfer is delivered to the chief executive, and to every other party to the contract or lease.
3: A transfer made under subsection (1) is binding on every party to the contract or lease.
13: Amendments to other enactments
The enactments specified in the Schedule
14: Consequential repeals
Amendment(s) incorporated in the Act(s).