Employment Services and Income Support (Integrated Administration) Act 1998

1: Short Title and commencement
1: This Act may be cited as the Employment Services and Income Support (Integrated Administration) Act 1998.
2: This Act comes into force on 1 October 1998.
2: Interpretation
In this Act, unless the context otherwise requires,— chief executive Social Security Act 1964 responsible department Social Security Act 1964 responsible Minister Social Security Act 1964
3: Application of employment contracts
1: This section and section 4 section 61A transferred employee
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 referred to in subsection (4), 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.
4: 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 or Department of Labour to the responsible department is insufficient by itself to break his or her employment.
5: Transfer not sufficient to entitle employee to redundancy or severance payment
No employee of the Department of Social Welfare or the Department of Labour who is transferred to the responsible department (in circumstances to which section 61A
a: the position held by that employee in the Department of Social Welfare or the Department of Labour has ceased to exist; or
b: he or she has ceased by virtue of that transfer to be an employee of the Department of Social Welfare or the Department of Labour.
6: Transfers of contracts and 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 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.
7: Continuation of existing proceedings
1: If, before the commencement of this Act, the Minister of Social Welfare has, in his or her capacity as the Minister responsible for the administration of the Social Security Act 1964
2: If, before the commencement of this Act,—
a: the Director-General of Social Welfare has, in relation to the administration of the Social Security Act 1964 Social Welfare (Transitional Provisions) Act 1990 War Pensions Act 1954
b: the Secretary for War Pensions in the Department of Social Welfare has initiated or become a party to any proceedings; or
c: the unit of the Department of Social Welfare called Income Support (and formerly called the New Zealand Income Support Service) has initiated or become a party to any proceedings,— the proceedings may be continued, completed, and enforced by or against the chief executive of the responsible department or (as the case may be) the officer of the responsible department who is the Secretary for War Pensions.
3: If, before the commencement of this Act,—
a: the chief executive of the Department of Labour has, in his or her capacity as a person exercising or performing any function, duty, or power under the Social Security Act 1964
b: the unit of the Department of Labour called the New Zealand Employment Service, the Community Employment Group, or the Local Employment Coordination Unit has initiated or become a party to any proceedings,— the proceedings may be continued, completed, and enforced by or against the chief executive of the responsible department.
4: If, before the commencement of this Act, any person has applied under section 10A Social Welfare (Transitional Provisions) Act 1990
a: the review may be continued and completed as if the chief executive of the responsible department were a party to the review, and the chief executive is bound by the decision made on the review; and
b: if a Benefits Review Committee had not been constituted for the review before the commencement of this Act, the Committee is to consist of—
i: 1 person referred to in section 10A(3)﻿(a)
ii: 2 officers of the responsible department who are appointed by the chief executive.
5: If, before the commencement of this Act, any person has—
a: exercised a right of appeal under section 12J section 53A
b: exercised a right of appeal under section 12Q section 12R
c: exercised a right of appeal under section 16A
d: exercised a right of appeal under regulation 10 the appeal may be continued and completed as if the chief executive of the responsible department were a party to the appeal instead of the Director-General of Social Welfare, and (subject to section 12Q section 12R
6: If, before the commencement of this Act, any person has exercised a right of review under section 15D
7: If, before the commencement of this Act, any person has exercised a right of appeal under section 16 section 85A
8: 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 any of subsections (1) to (7),—
a: that person may, after the commencement of this Act, commence the proceedings, review, or appeal as if (as the case requires) the responsible Minister, or the chief executive of the responsible department, or the officer of the responsible department who is the Secretary for War Pensions, were the appropriate person in respect of whom the proceedings, review, or appeal relates:
b: the provisions of subsections (1) to (7) 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:
c: no such proceedings, review, or appeal may be commenced in respect of any person other than the responsible Minister, chief executive, or officer specified in paragraph (a).
8: 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 the unit called Income Support (formerly called the New Zealand Income Support Service) or by the Department of Labour for the purposes of the unit called the New Zealand Employment Service, the Community Employment Group, or the Local Employment Coordination Unit—
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 chief executive of the responsible department under the Social Security Act 1964
9: Saving of certain appointments
Nothing in this Act affects the appointment of any person as—
a: a community representative on a Benefits Review Committee under section 10A(3)﻿(a)
b: a member of a medical appeal board under section 53A
c: the medical member of the War Pensions Advisory Board under section 5A section 5E
d: a member of the War Pensions Appeal Board under section 8 section 10
e: a nominee of the New Zealand Returned Services’ Association on any War Pensions Claims Panel under section 15
10: 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 whatsoever in force at the commencement of this Act,—
a: every reference to the Director-General (or the chief executive of the Department of Social Welfare), when used in relation to the unit of the Department of Social Welfare called Income Support (formerly called the New Zealand Income Support Service), is a reference to the chief executive of the responsible department:
b: every reference to the Secretary of Labour (or the chief executive of the Department of Labour), when used in relation to his or her functions, duties, or powers under the Social Security Act 1964
c: every reference to the unit of the Department of Social Welfare called Income Support (formerly called the New Zealand Income Support Service), where the unit is referred to in its own right and the reference does not apply to other units of that department, is a reference to the responsible department:
d: every reference to the Department of Social Welfare, when used in relation to the Social Security Act 1964 Social Welfare (Transitional Provisions) Act 1990 War Pensions Act 1954
e: every reference to the unit of the Department of Labour called the New Zealand Employment Service, the Community Employment Group, or the Local Employment Coordination Unit, where the unit is referred to in its own right and the reference does not apply to units of that department other than a unit mentioned in this paragraph, is a reference to the responsible department.
2: In sections 27I to 27ZI sections 256 258
3: In sections 6 93 105 112 114 115 section 259
4: In section 101A section 259
5: Despite subsection (1), every reference in a reciprocal social security agreement in respect of which an Order in Council made under section 19 Department of Social Welfare Act 1971 Section 10(5) added 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
11: Amendments to other Acts
The Acts specified in the Schedule
12: Consequential repeals
The following enactments are consequentially repealed:
a)–(c: Amendment(s) incorporated in the Act(s)
d: the Immigration Amendment Act (No 2) 1991:
e: the Education Amendment Act (No 3) 1991:
f)–(k: Amendment(s) incorporated in the Act(s)