State Sector Amendment Act 2003

1: Title
1: This Act is the State Sector Amendment Act 2003.
2: In this Act, the State Sector Act 1988 the principal Act
1: Preliminary
2: Commencement
1: Sections 6 to 12(1) 13 to 16 1
2: Sections 6 to 11 14 to 16
3: Section 12(2) and (3) 2 3
4: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: amend the State Sector Act 1988
b: reflect and provide for—
i: the change of the Department of Work and Income's name to the Ministry of Social Development; and
ii: the abolition of the Department of Social Welfare and the transfer of its functions to the Ministry of Social Development; and
iii: the abolition of the Department for Courts and the transfer of its functions to the Ministry of Justice.
2: Reorganisations within Public Service
Reorganisations generally
4: New sections 30A to 30L inserted
The principal Act is amended by inserting, after section 30
30A: Amendment of First Schedule to reflect reorganisations within Public Service
1: The Governor-General may, by Order in Council, amend Schedule 1
2: To avoid doubt, this section does not limit the need for a Department that has been established by an Act of Parliament to be abolished or have its name changed by an Act of Parliament.
30B: Effect of reorganisations within Public Service on employees
A transfer of functions from one Department ( Department A Department B sections 30H(2) and (3) and 30I(2) and (3)
30C: Application of employee provisions to reorganisations between Departments
Each of sections 30E to 30G
30D: Application of employee provisions to transfers from Crown entities to Departments
1: The Governor-General may, by Order in Council, declare that all or any of the following provisions apply to a transfer of functions from a Crown entity (within the meaning of section 2(1) of the Public Finance Act 1989
a: sections 30E and 30F
b: sections 30G to 30I
i: those sections relate to a collective employment agreement that binds the chief executive of the Crown entity before the transfer of the functions; and
ii: that collective employment agreement applies to an employee whose position in the Crown entity ceases to exist as a result of the transfer of functions.
2: On the commencement of an Order in Council under subsection (1)
a: as if a reference to Department A in that section were a reference to that Crown entity; and
b: with all other necessary modifications.
30E: Restriction of compensation for technical redundancy arising from reorganisations
1: An employee is not entitled to receive any payment or other benefit on the ground that his or her position in Department A has ceased to exist if—
a: the position ceases to exist as a result of a transfer of functions from Department A to Department B; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in Department B (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in Department B.
2: Equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with Department A (and any other period of service recognised by Department A as continuous service) as if it were continuous service with Department B.
30F: Reappointment of employees following reorganisations
Sections 60 to 61B and 65
30G: Application of collective agreements to employees following reorganisations
1: This section limits which employees may be bound by a collective agreement that—
a: binds the chief executive of Department A before a transfer of functions from Department A to Department B and that, as a consequence of sections 30H and 30I collective agreement A
b: binds the chief executive of Department B before that transfer of functions ( collective agreement B
2: After that transfer of functions,—
a: the only employees of Department B who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in Department B that has been established (whether or not previously existing in Department A) to enable Department B to perform the transferred functions; and
b: the only employees of Department B who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position other than a position referred to in paragraph (a)
3: Subsection (2)
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under Part 6 of this Act sections 56(1), 57, 62(3), 63(3), and 243 of the Employment Relations Act 2000
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
30H: Consequential changes to references to Departments following reorganisations
1: If an enactment or other thing refers to a particular Department and that reference is no longer appropriate because the Department's name has changed, the reference must be read as a reference to the Department under its new name.
2: If an enactment or other thing refers to a particular Department and that reference is no longer appropriate because the Department has been abolished, the reference must be read as a reference to the new responsible Department.
3: If an enactment or other thing refers to a particular Department and that reference is no longer appropriate because functions have been transferred between Departments, the reference must be read as a reference to the new responsible Department.
4: In this section, the new responsible Department
30I: Consequential changes to references to chief executives following reorganisations
1: If an enactment or other thing refers to a particular designation of a chief executive or a chief executive of a particular Department and that reference is no longer appropriate because the designation or name of the Department has changed, the reference must be read as a reference to the chief executive under the new designation or the Department's new name (as applicable).
2: If an enactment or other thing refers to a chief executive of a particular Department and that reference is no longer appropriate because the Department has been abolished, the reference must be read as a reference to the new responsible chief executive.
3: If an enactment or other thing refers to a chief executive of a particular Department and that reference is no longer appropriate because functions have been transferred between Departments or between chief executives, the reference must be read as a reference to the new responsible chief executive.
4: In this section, the new responsible chief executive
30J: Application of consequential changes to references
1: Sections 30H and 30I
a: apply to things that are in force or existing at the time of the name change, abolition, or transfer of functions (whether coming into force, entered into, or created before or after the commencement of this section); and
b: apply to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices.
2: Regulations made under section 30K sections 30H and 30I
3: To avoid doubt, sections 30H and 30I sections 30H and 30I
4: Sections 30H(1) and (2) and 30I(1) and (2) First Schedule
5: Sections 30H and 30I
a: apply to collective employment agreements subject to sections 30B and 30G
b: do not apply to individual employment agreements.
30K: Other saving and transitional matters arising from reorganisations within Public Service
The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the abolition or change of name of a Department, the transfer of functions between Departments, or the establishment of a new department.
30L: Effect of reorganisations within Public Service
1: The abolition or change of name of a Department, the transfer of functions between Departments, or the establishment of a new department does not affect—
a: property, rights, or obligations of the Crown (whether or not in the name of the Crown or of a particular Department, chief executive, or other person in a Department); or
b: the commencement or continuation of proceedings by or against the Crown (whether or not in the name of the Crown or of a particular Department, chief executive, or other person in a Department).
2: In this section, property
3: This section does not limit sections 30A to 30K
4: This section applies for the avoidance of doubt.
5: Consequential amendment relating to new sections 30A to 30L
Section 27 subsection (2) Specific reorganisations
6: Interpretation
1: In sections 8 to 16 abolished
a: the Department of Social Welfare; or
b: the Department for Courts appropriate successor department
a: in relation to the Department of Social Welfare, the Ministry of Social Development; and
b: in relation to the Department for Courts, the Ministry of Justice.
2: In subsection (1) sections 7 to 16
a: the Department of Social Welfare includes a reference to the Department known as the Ministry of Social Policy; and
b: a reference to the Department of Work and Income includes a reference to the Department known as Work and Income New Zealand.
7: Schedule 1 amended
1: The Schedule 1
a: by omitting the item Department for Courts.
b: by inserting, after the item Serious Fraud Office. Ministry of Social Development.
c: by omitting the item Department of Social Welfare.
d: by omitting the item Department of Work and Income.
2: To avoid doubt, it is declared that the amendments made by subsection (1)﻿(b) and (d)
8: Effect of reorganisation on employees
The transfer of functions from an abolished department to the appropriate successor department does not transfer the chief executive or an employee of the abolished department to the appropriate successor department, despite section 14
9: Restriction of compensation for technical redundancy arising from reorganisations
1: An employee is not entitled to receive any payment or other benefit on the ground that his or her position in an abolished department has ceased to exist if—
a: the position ceases to exist as a result of the transfer of the abolished department's functions to the appropriate successor department; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in the appropriate successor department (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in the appropriate successor department.
2: Equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the abolished department (and any other period of service recognised by the abolished department as continuous service) as if it were continuous service with the appropriate successor department.
10: Reappointment of employees following reorganisations
Sections 60 to 61B 65
11: Application of collective agreements to employees following reorganisations
1: This section limits which employees may be bound by a collective agreement that—
a: binds the chief executive of an abolished department before the transfer of its functions to the appropriate successor department and that, as a consequence of section 14 collective agreement A
b: binds the chief executive of the appropriate successor department before that transfer of functions ( collective agreement B
2: After that transfer of functions,—
a: the only employees of the appropriate successor department who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in the appropriate successor department that has been established (whether or not previously existing in the abolished department) to enable the appropriate successor department to perform the transferred functions; and
b: the only employees of the appropriate successor department who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position other than a position referred to in paragraph (a)
3: Subsection (2)
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under Part 6 sections 56(1) 57 62(3) 63(3) 243 Employment Relations Act 2000
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
12: Consequential amendments to other enactments
1: The enactments specified in Schedule 1
2: The enactments specified in Schedule 2
3: Schedule 5 Privacy Act 1993 Schedule 3
13: Consequential changes to other references to Department of Work and Income and to its chief executive
1: If any other enactment or other thing refers to the Department of Work and Income and that reference is no longer appropriate because the Department's name has changed to the Ministry of Social Development, the reference must be read as a reference to the Department under its new name.
2: If any other enactment or other thing refers to the chief executive of the Department of Work and Income and that reference is no longer appropriate because the name of the Department has changed, the reference must be read as a reference to the chief executive of the Ministry of Social Development.
14: Consequential changes to other references to abolished departments and to their chief executives
1: If any other enactment or other thing refers to an abolished department and that reference is no longer appropriate because the department has been abolished, the reference must be read as a reference to the appropriate successor department.
2: If any other enactment or other thing refers to the chief executive of an abolished department and that reference is no longer appropriate because the department has been abolished, the reference must be read as a reference to the chief executive of the appropriate successor department.
15: Application of consequential changes to references
1: Sections 13 14
a: apply to things that are in force or existing at the time of the name change or abolition or that come into force, are entered into, or are created during the transitional period (whether coming into force, entered into, or created before or after the commencement of this section); and
b: apply to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices.
2: Section 14
a: applies to collective employment agreements subject to sections 8 11
b: does not apply to individual employment agreements.
3: The transitional period subsection (4)
4: The Governor-General may, by Order in Council, extend the transitional period in relation to the Department of Work and Income or any abolished department to any date specified in the order, and different dates may be specified in respect of different departments.
16: Effect of reorganisations
1: The change of name of the Department of Work and Income to the Ministry of Social Development and the abolition of each abolished department and transfer of its functions to the appropriate successor department does not affect—
a: property, rights, or obligations of the Crown (whether or not in the name of the Crown or of a particular department, chief executive, or other person in a department); or
b: the commencement or continuation of proceedings by or against the Crown (whether or not in the name of the Crown or of a particular department, chief executive, or other person in a department).
2: In this section, property
3: This section does not limit sections 7 to 15
4: This section applies for the avoidance of doubt.