New Zealand Infrastructure Commission/Te Waihanga Act 2019

Schedule 1 Transitional, savings, and related provisions

s 4

Part 1 Provisions relating to this Act as enacted

1 Offer of position to Treasury employees

(1)

The chief executive of the Treasury must identify the employees of the Treasury—

(a)

whose duties are, overall, more closely connected with the functions of the Commission; and

(b)

whose positions will, as a result of the establishment of the Commission, cease to exist within the Treasury.

(2)

An employee who is identified under subclause (1) must be offered an alternative position by the Commission.

(3)

In this clause, alternative position means a position with the Commission that satisfies the requirements set out in section 88(1)(b) of the Public Service Act 2020.

Compare: 2012 No 94 s 17

Schedule 1 clause 1(3): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

2 Employment of transferred employee to be treated as continuous employment

(1)

This clause applies to an employee who is transferred to the Commission as a result of the employee accepting an offer made under clause 1(2).

(2)

The employment of a transferred employee is to be treated as continuous employment for the purposes of any enactment.

Compare: 2013 No 94 s 12

3 Government Superannuation Fund

(1)

Any person who, immediately before becoming an employee of the Commission, was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the Government service as long as the person continues to be an employee of the Commission.

(2)

The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s service as an employee of the Commission were Government service.

(3)

Subclause (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.

(4)

For the purpose of applying the Government Superannuation Fund Act 1956, the Commission is the controlling authority.

Compare: 2013 No 94 s 14

4 Transfer of contracts to Commission

(1)

This clause applies to a contract (other than an employment contract) that—

(a)

was made between the Treasury and another person; and

(b)

is identified by the chief executive of the Treasury; and

(c)

was entered into by the Treasury in contemplation of this Act.

(2)

On and after the commencement of this Act,—

(a)

the contract must be treated as if the Commission were the party to the contract instead of the Treasury; and

(b)

unless the context otherwise requires, every reference in the contract to the Treasury is to be read as a reference to the Commission.

(3)

In this clause, the Treasury includes—

(a)

the chief executive of the Treasury; and

(b)

the Sovereign in right of New Zealand acting by and through the Secretary to the Treasury.

Compare: 2013 No 94 s 15