Ministry of Agriculture and Fisheries (Restructuring) Act 1995

1: Short Title and commencement
1: This Act may be cited as the Ministry of Agriculture and Fisheries (Restructuring) Act 1995.
2: This Act shall come into force on 1 July 1995.
2: Interpretation
In this Act, unless the context otherwise requires,— agency Ministry of Agriculture and Forestry intellectual property
a: includes—
i: all property rights constituted by the Patents Act 1953 Designs Act 1953 Trade Marks Act 1953
ii: any trade secret; but
b: does not include any property rights constituted by the Copyright Act 1994 responsible chief executive responsible Minister responsible Ministry working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 20 December in any year and ending with 15 January in the following year. Section 2 agency amended 1 March 1998 section 5(1)﻿(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 2 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2 working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
1: Restructuring of Ministry of Agriculture and Fisheries
Repeal of Ministry of Agriculture and Fisheries Act 1953
3: Abolition of Ministry of Agriculture and Fisheries
The Ministry of Agriculture and Fisheries constituted under the Ministry of Agriculture and Fisheries Act 1953
4: Repeals
1: The following enactments are hereby consequentially repealed:
a: the Ministry of Agriculture and Fisheries Act 1953
b: the Ministry of Agriculture and Fisheries Amendment Act 1972
c: Amendment(s) incorporated in the Act(s)
d: the Ministry of Agriculture and Fisheries Amendment Act 1989
e)–(g: Amendment(s) incorporated in the Act(s)
h: the Ministry of Agriculture and Fisheries Amendment Act 1990
i), (j: Amendment(s) incorporated in the Act(s)
2: Without limiting anything in Part 2
a: any amendment made by that enactment to any enactment not referred to in that subsection; or
b: any provision in any enactment referred to in that subsection other than a provision amending any other enactment. Section 4(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
5: Enactments amended
The enactments specified in the Schedule Savings
6: Savings relating to references and proceedings
1: Unless in any case the context otherwise requires, in any enactment or in any regulations or in any instrument or document,—
a: every reference to the Director-General of Agriculture and Fisheries shall be read as a reference to the responsible chief executive:
b: every reference to the Ministry of Agriculture and Fisheries shall be read as a reference to the responsible Ministry.
2: All proceedings whatever that, immediately before the commencement of this Act, were pending by or against or which could have been brought by or against or in respect of the Director-General of Agriculture and Fisheries may be carried on, completed, or enforced by or against or in respect of the responsible chief executive.
3: All proceedings whatever that,—
a: immediately before the commencement of this Act, were pending by or against or which could have been brought by or against or in respect of any person other than the Minister of Agriculture or the Minister of Fisheries or the Director-General of Agriculture and Fisheries; and
b: relate to anything done or omitted to be done by that person in the performance of functions, duties, or powers of the Minister of Agriculture or the Minister of Fisheries or the Director-General of Agriculture and Fisheries, whether as an employee of that Ministry or otherwise,— may be carried on, completed, or enforced by or against or in respect of the responsible Minister or the responsible chief executive or such other person as the Attorney-General may certify for the purposes of this section.
7: Saving of existing appointment
1: The person who, immediately before the date of commencement of this Act, held office as the Director-General of Agriculture and Fisheries shall be deemed to have been appointed under the State Sector Act 1988
2: The term of office of the person deemed by subsection (1) to have been appointed to the office of chief executive of the Ministry of Agriculture shall expire on the date on which, but for the passing of this Act, his or her term would have expired under the employment contract applying to him or her.
8: Savings relating to brands, stamps, marks, etc
Notwithstanding anything in the Flags, Emblems, and Names Protection Act 1981
a: shall continue to have effect in relation to anything done before that date; and
b: may continue to be used, and shall have effect, for the purposes of the functions, duties, and powers of the responsible Minister, the responsible chief executive, or the responsible Ministry. Transfer of employees from Ministry of Agriculture and Fisheries
9: Transfer of employees
1: Notwithstanding anything in section 61A
2: No employee shall be deemed by subsection (1) to have been transferred to an agency other than the Ministry of Agriculture unless the chief executive (or chief executive designate) of that other agency agreed, subject to the provisions referred to in subsection (3), to the transfer of the employee to that other agency.
3: The transfer of any employee by this section is subject to the provisions (if any) of the employment contract applying to that employee immediately before the date of commencement of this Act relating to the transfer of employees.
10: Protection of conditions of employment upon transfer
1: If any employee of the Ministry of Agriculture and Fisheries is deemed by section 9
2: Without limiting the generality of subsection (1), if any rights and obligations of an employee under a contract of service arise by virtue of a collective employment contract and such rights and obligations are transferred to another agency by virtue of section 9
3: Subsections (1) and (2) shall continue to apply to the terms and conditions of employment of each transferred employee until such time as any of the terms and conditions of employment that apply under the employment contract applying to that employee at the date of the transfer are varied by agreement between the employee and the agency to which the employee has transferred.
4: The terms and conditions of employment of each transferred employee shall, from the date of any such variation, be determined in accordance with the employment contract applying to that employee in the agency in which the transferred employee is then employed.
5: Nothing in subsection (1) shall continue to apply to any transferred employee who receives any subsequent appointment within the agency to which that employee was transferred.
11: Employment of transferred employee deemed to be continuous
1: Every employee of the Ministry of Agriculture and Fisheries who is deemed by section 9
2: Except as otherwise provided in any employment contract, no employee of the Ministry of Agriculture and Fisheries who is deemed by section 9
12: Membership of Government Superannuation Fund
Every person who, immediately before becoming an employee of an agency by virtue of section 9 Government Superannuation Fund Act 1956
2: Administrative provisions
Contracting out Heading repealed 1 October 2001 section 314(2)﻿(v) Fisheries Act 1996
13: Contracting out
Section 13 repealed 1 October 2001 section 314(2)﻿(v) Fisheries Act 1996 Intellectual property
14: Intellectual property
1: Notwithstanding anything in any other enactment, any intellectual property, data, or research devised or developed on or after the commencement of this Act by an employee of the Ministry of Agriculture and Fisheries who becomes an employee of the Ministry of Agriculture or the Ministry of Fisheries on the commencement of this Act belongs to the Crown (which shall be deemed to be the assignee of the employee in respect of the property) if—
a: it was devised or developed in the course of the duties of the employee, whether or not the intellectual property might reasonably be expected to result; or
b: it was devised or developed wholly or principally by or through the use of resources provided by the Crown;— but any other intellectual property, data, or research devised or developed by an employee of the Ministry shall, as between the employee and the Crown (as the employee's ultimate employer), belong to the employee.
2: There may be paid to any such employee who devises or develops any intellectual property, data, or research that belongs to the Crown any amount by way of bonus or grant appropriate in the circumstances.
3: Any intellectual property, data, or research belonging to the Crown under this section may be made available for use (whether by way of assignment or licence or otherwise) on any conditions (including the payment of royalties or other money) agreed from time to time by the responsible Minister.
4: If intellectual property, data, or research belonging to the Crown under this section was devised or developed wholly or partly through the use of resources other than public money or public stores (as defined in section 2(1) of the Public Finance Act 1977
5: Subsection (4) does not prevent the responsible Minister using any property in order to carry out his or her functions.
6: Subsection (4) does not limit the generality of subsection (3). Miscellaneous provisions
15: Appointment of Inspectors
1:
2: Every employee of the Ministry of Agriculture and Fisheries who,—
a: immediately before the date of commencement of this Act, was an Inspector under any enactment administered by that Ministry that is to be administered by the Ministry of Agriculture on that date; and
b: becomes an employee of the Ministry of Agriculture on that date,— shall continue to be an Inspector under that enactment until the employee ceases his or her employment in the Ministry or the appointment is sooner revoked.
3: In addition to the powers and authorities exercisable by the Inspector under any such enactment, every employee of the Ministry of Agriculture and Forestry section 48 of the Customs Act 1966 Section 15(1) repealed 1 October 1996 section 316(1) Fisheries Act 1996 Section 15(3) amended 1 March 1998 section 5(1)﻿(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997
16: Employees to act under direction of chief executive
1: All inspectors, registrars, officers, and Ministry of Agriculture and Forestry
2: The responsible chief executive shall have full power and authority to exercise and perform any power or function which is conferred on the Director of any division of the Ministry by any enactment administered by that Ministry. Section 16(1) amended 1 March 1998 section 5(1)﻿(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 16(1) amended 1 October 1996 section 316(1) Fisheries Act 1996
17: Delegation of all chief executive's powers under any enactment
If the chief executive of the Ministry of Agriculture and Forestry functions or functions or the Section 17 amended 1 March 1998 section 5(1)﻿(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 17 amended 1 October 1996 section 316(1) Fisheries Act 1996
18: Failure to pay statutory fees, etc
Section 18 repealed 20 April 2010 section 4 Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010
19: Ministry to deduct costs of collecting levies
Section 19 repealed 20 April 2010 section 5 Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010
20: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: obtaining any information or particulars that may be required for the effective performance of the functions and duties of any responsible Minister or chief executive under this Act:
b:
c:
d: providing for such matters as may be contemplated by or necessary for giving full effect to this Act and for its administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 20(1)﻿(b) repealed 1 October 1996 section 316(1) Fisheries Act 1996 Section 20(1)﻿(c) expired 1 July 1996 section 20A Section 20(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
20A: Expiry of section 20(c)
Section 20(c) Section 20A inserted 1 July 1995 section 316(1) Fisheries Act 1996
21: Advisory and technical committees
1: The Minister of Agriculture and the Minister of Fisheries each have power to appoint from time to time advisory or technical committees, and to define the functions of any such committee.
2: If the responsible Minister so directs, there may be paid out of money appropriated by Parliament for the purpose to the members of any such committee remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
22: Transfer of southern scallop quota
1:
2:
3: Te Ohu Kai Moana Trustee Limited Te Ohu Kai Moana Trustee Limited Part 5
3A: However, as soon as reasonably practicable after Te Ohu Kai Moana Trustee Limited has recognised the mandated iwi organisation of Ngati Toa Rangatira under section 13(1) section 27
3B: Except as provided for in subsection (3A), the provisions of the Maori Fisheries Act 2004
3C: To avoid doubt, the quota referred to in subsection (3) is not quota that is included in the existing undertaking as defined in section 189
4: Section 74
4A: In this section,— mandated iwi organisation section 5 recognised iwi organisation section 5 Te Ohu Kai Moana Trustee Limited section 5 Section 22(1) repealed 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(2) repealed 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(3) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(3A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(3B) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(3C) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(4) substituted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(4A) added 29 November 2004 section 214 Maori Fisheries Act 2004