Valuation Department (Restructuring) Act 1998

1: Short Title and commencement
1: This Act may
be cited as the Valuation Department (Restructuring) Act 1998.
2: This Act comes
into force on 1 July 1998.
2: Interpretation
In this Act,
unless the context otherwise requires,— company Companies Act 1993 department shareholding Ministers Valuation
New Zealand to be Crown-owned company Heading repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
3: Shareholding in Valuation New Zealand Limited
Section 3 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
4: Application of Companies Act 1993
Section 4 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
5: Minister may appoint representative
Section 5 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
6: Valuation New Zealand Limited to be good employer
Section 6 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
7: Auditor-General to be auditor of Valuation New Zealand
Limited
Section 7 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004 Transfer
of Crown assets and liabilities relating to Valuation Department Heading repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
8: Transfer of Crown assets and liabilities to Valuation
New Zealand Limited
Section 8 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
9: Rights and liabilities of Crown and third parties
following transfer
Section 9 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004 Transfer of employees of Valuation
Department
10: Transfer of employees
1: Every person—
a: who is employed in the Valuation Department
immediately before the date of commencement of this Act; and
b: who is carrying out duties that on or
after that date are to be carried out (in whole or in part) by Valuation
New Zealand Limited or by Land Information New Zealand; and
c: whose transfer to the company or that
department is agreed to by the company or by the chief executive of
the department— is deemed to have transferred to the company or the department
(as the case may be) on the date of commencement of this Act.
2: The transfer
of any employee by this section is subject to any relevant provisions
of the employment contract applying to that employee.
3: This section
applies notwithstanding section 61A
11: Protection of conditions of employment on transfer
1: The employment
of any person deemed to have been transferred by section 10
2: Any unexpired
collective employment contract which covers transferred employees
is deemed, as from the date of transfer, to continue to apply on the
same terms—
a: as if it were a contract that had been
made in respect of Valuation New Zealand Limited or Land Information
New Zealand, as the case may be; and
b: as if it were binding both on those employees
and on the company or on the department's chief executive.
3: Subsections
(1) and (2) cease to apply to a transferred employee if the terms
and conditions of employment that apply under the employment contract
applying to the employee at the date of the transfer are varied by
agreement between the employee and the company or (as the case may
be) the department's chief executive.
4: Every employee
deemed by section 10
a: the contract of employment of that employee
that applied immediately before the commencement of this Act in respect
of that person's employment in the Valuation Department is deemed
to have been unbroken; and
b: the employee's period of service with
the Valuation Department, and every other period of service of that
employee that was recognised by the Department as continuous service,
is deemed to have been a period of service with Valuation New Zealand
Limited or Land Information New Zealand, as the case may be.
12: No compensation for technical redundancy
No person who
is deemed by section 10
13: Membership of Government Superannuation Fund
Where a person
deemed by section 10 Government Superannuation Fund Act 1956
a: that person is deemed for the purposes
of that Act to be employed in the Government service for so long as
the person continues to be employed by the company; and
b: that Act is deemed to apply to the person
in all respects as if the person's service with the Government service
were continuous. Amendments
to other Acts Heading repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
14: Amendments to other Acts
Section 14 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004
15: References to Valuation New Zealand Limited in Acts
amended may be removed by Order in Council if Crown shareholding falls
below 50%
Section 15 repealed 25 January 2005 section 5 State-Owned
Enterprises Amendment Act 2004