State Sector Amendment Act (No 2) 1989

1: Short Title
This Act may be cited as The State Sector Amendment Act (No 2) 1989, and shall be read together with and deemed part of The State Sector Act 1988
2:
3:
4:
5:
6:
7:
8:
9:
10:
11:
12:
13:
14:
15:
16: Section 16 repealed 15 May 1991 State Sector Amendment Act 1991
17: Section 17 repealed 15 May 1991 State Sector Amendment Act 1991
18: Section 18 repealed 15 May 1991 State Sector Amendment Act 1991
19:
20:
21:
22:
23: Section 23 repealed 15 May 1991 State Sector Amendment Act 1991
24: Section 24 repealed 15 May 1991 State Sector Amendment Act 1991
25: Section 25 repealed 15 May 1991 State Sector Amendment Act 1991
26: Constitution of New Zealand Public Service Association
1: Notwithstanding the provisions of The Incorporated Societies Act 1908 The Labour Relations Act 1987
2: Nothing in subsection (1) of this section shall affect the recognition accorded by Part 8 The Labour Relations Act 1987
3: The following provisions shall have effect as from the commencement of this section:
a: All references (express or implied) to the New Zealand Public Service Association Incorporated in any other Act, or in any regulation, order, or notice made or given under any enactment, or in any enactment, or in any instrument, register, records, notice, security, document, or communication, made, given, passed, or executed shall be read and construed as a reference to the New Zealand Public Service Association:
b: All contracts, agreements, conveyances, deeds, leases, licences and other instruments (whether in writing or not), entered into by, made with, or given to or by the New Zealand Public Service Association Incorporated shall, to the extent that they were previously binding on and enforceable by, against, or in favour of the New Zealand Public Service Association Incorporated be binding on and enforceable by, against, or in favour of the New Zealand Public Service Association:
c: An instrument, order, discretion, mandate or authority given to the New Zealand Public Service Association Incorporated shall be deemed to have been given to the New Zealand Public Service Association:
d: All real and personal property vested in the New Zealand Public Service Association Incorporated shall become vested in the New Zealand Public Service Association, subject to all liabilities, charges, and obligations:
e: All funds of the New Zealand Public Service Association Incorporated, however held, shall be transferred to the New Zealand Public Service Association:
f: All money payable to the New Zealand Public Service Association Incorporated shall be payable to the New Zealand Public Service Association:
g: All rights, obligations, and liabilities of the New Zealand Public Service Association Incorporated shall become the rights, obligations, and liabilities of the New Zealand Public Service Association:
h: Any action, arbitration, or proceedings or cause of action which, is pending or existing by, against, or in favour of the New Zealand Public Service Association Incorporated or to which the New Zealand Public Service Association Incorporated is a party, may be prosecuted, and without amendment of any writ, pleading, or other document, continued and enforced by, against, or in favour of the New Zealand Public Service Association.
27: Other service organisations
1: Where any society incorporated under The Incorporated Societies Act 1908 section 100 The Labour Relations Act 1987 section 26
2: Where an order made under subsection (1) of this section applies section 26
a: As if its name and not that of the New Zealand Public Service Association Incorporated were specified in that section; and
b: As if the date of commencement of that section were the date specified in the order as the date from which that section applies to that society.
3: Every order made under this section shall be deemed to be a regulation for the purposes of The Regulations Act 1936
28:
29: Schedule 2 repealed
1: The principal Act is hereby amended by repealing Schedule 2.
2: Sections 11 18 24 Finance Act (No 2) 1988
30: Section 30 repealed 1 January 1991 section 50(4) Education Amendment Act 1990
31: This section was repealed 3 May 1997 section 6(3) State Sector Amendment Act 1997
32: Repeals and revocations
1: The enactments specified in Schedule 3
2: The regulations and orders specified in Schedule 4
3: The repeal of The Universities Amendment Act 1988 section 3 of that Act
4: Notwithstanding the revocation of The Education Authorities Employment Regulations 1982 regulations 42 to 51 of those regulations Schedules 3, 4, and 5 to those regulations
33: Transitional provisions in relation to State Services Commission
1: Subject to the provisions of this Act, every reference to the State Services Commission which, on the commencement of this Act, appears in any enactment or other document, shall, unless the context otherwise requires, be read as a reference to the State Services Commissioner.
2: Subject to the provisions of this Act, every reference to the Office of the State Services Commission which on the commencement of this Act appears in any enactment or other document, shall, unless the context otherwise requires, be read as a reference to the State Services Commission.
3: Subject to the provisions of this Act, every reference to the Chief Commissioner of the State Services Commission which, on the commencement of this Act, appears in any enactment or other document, shall, unless the context otherwise requires, be read as a reference to the State Services Commissioner.
34: Transitional provisions in relation to appointments
1: Every person who, immediately before the commencement of this Act, held any position in the Office of the State Services Commission shall continue to hold that position as if that person had been appointed to the State Services Commission.
2: The person who, immediately before the commencement of this Act, held office as the Chief Commissioner of the State Services Commission shall be deemed to have been appointed as the State Services Commissioner under section 3 section 3
3: The person (other than the Chief Commissioner of the State Services Commission) who, immediately before the commencement of this Act, held office as a member of the Commission shall be deemed to have been appointed as the Deputy Commissioner under section 12 section 3
35: Transitional provisions in relation to chief executives of institutions
1: Except as provided in subsection (2) of this section, every person holding at the commencement of this Act the position of—
a: Vice Chancellor of a university; or
b: Principal of a polytechnic
c: Principal of a college of education shall be offered employment as the chief executive of the institution for a period of not less than two years from that date on terms and conditions of employment (other than tenure of office) no less favourable than the terms and conditions of employment applying immediately before the commencement of this Act in relation to the position.
2: No person shall be entitled to be, but may be, appointed as a chief executive under subsection (1) of this section for any period that would take that person's employment beyond their compulsory date of retirement as determined immediately before the commencement of this Act.
3: Nothing in section 77J section 23 Subsections (1)﻿(b) (1)﻿(c) amended 23 July 1990 section 50(1) Education Amendment Act 1990 by substituting the words polytechnic college of education technical institute teachers college
36: Transitional provisions in relation to persons employed by universities
1: Notwithstanding section 32 subparagraphs (iii) and (vi) of section 12(1)﻿(a)
2: The conditions of employment of persons employed at any university at the commencement of this Act shall remain in force until varied either individually or through an award or an agreement.
37: Transitional appeal rights of employees of
polytechnics and colleges of education
1: Notwithstanding anything in his Act, if, immediately before the commencement of this Act, any employee of a polytechnic or college of education The Education Act 1964 The Education Act 1964 The Education Act 1964
2: The decision on any appeal to which subsection (1) of this section applies shall be binding on both the employee and the employer and shall be implemented as far as practicable in the same manner as if The Education Act 1964 This section was amended 23 July 1990 section 50(1) Education Amendment Act 1990 by substituting the words polytechnic college of education technical institute teachers college