Ministry of Agriculture and Forestry (Restructuring)
Act 1998

1: Short Title and commencement
1: This Act may
be cited as the Ministry of Agriculture and Forestry (Restructuring)
Act 1998.
2: This Act comes
into force on 11 November 1998.
2: Interpretation
In this Act,
unless the context otherwise requires,— Ministry new company company
a: AsureQuality Limited
b: Asure New Zealand Limited. Section 2 new company company amended 29 November
2007 clause 4 State-Owned
Enterprises (AsureQuality Limited) Order 2007
3: Transfer of employees
1: Every person—
a: who is employed in the Ministry 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 a new
company; and
c: whose transfer to the relevant new company
is agreed to by the company and the chief executive of the Ministry— is deemed to have transferred to the relevant new company on
the date of commencement of this Act.
2: The transfer
of any employee by this section is subject to any relevant transfer
provisions of the employment contract applying to that employee.
3: This section
applies notwithstanding section 61A
4: Protection of terms and conditions of employment
on transfer
1: The employment
of any person deemed by section 3
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 the relevant new company; and
b: as if it were binding both on those employees
and on the company.
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 new company.
4: Subsection
(1) ceases to apply to a transferred employee who, after the transfer,
receives any subsequent appointment within the new company.
5: Employment of transferred employees deemed to be
continuous
Every employee
deemed by section 3
a: the contract of employment of that employee
that applied immediately before the transfer in respect of that person's
employment in the Ministry is deemed to have been unbroken; and
b: the employee's period of service with
the Ministry, and every other period of service of that employee that
is recognised by the Ministry as continuous service, is deemed to
have been a period of service with the relevant company.
6: Membership of Government Superannuation Fund
Where a person
deemed by section 3 the 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 new 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.
7: No compensation for technical redundancy
No person who
is deemed by section 3
8: Saving of appointments of Inspectors under Meat Act
1981
1: The appointment
of every Inspector appointed under the Meat Act 1981 who is deemed
by section 3
a: the term of appointment expires:
b: the person ceases employment in the new
company:
c: the appointment is revoked.
2: No person
is to be treated as employed in the State services for the purposes
of the State Sector Act 1988
3: This section
applies notwithstanding anything in section 10
9: Forests Act 1949 amended in relation to Forestry
Officers
(1), (2): Amendment(s) incorporated in the Act(s)
3: A person who,
immediately before the commencement of this Act, was a Forestry Officer
by virtue of paragraph (b) or paragraph (c) of the definition of that
term (as in force before its repeal by subsection (1)) ceases to be
a Forestry Officer on the commencement of this Act.