Education (Vocational Education and Training Reform) Amendment Bill

  • enacted

Schedule 4 New Schedule 23 inserted

s 69(2)

Schedule 23 Provisions applying on dissolution of NZIST subsidiary

s 222ZC

1 Interpretation

In this schedule, unless the context otherwise requires,—

Commission means the Tertiary Education Commission established under section 159C

dissolution date

(a)

means, in relation to a corresponding NZIST subsidiary established under clause 27(1)29(1) of Schedule 1,—

(i)

the date specified in clause 27A(1)30(1) of that schedule:

(ii)

the date specified by Order in Council under clause 27A(2)30(2) of that schedule:

(iii)

the date on which the subsidiary is dissolved in accordance with a resolution of NZIST’s council under clause 27B 31 of Schedule 1:

(b)

means, in relation to a subsidiary formed by NZIST under section 222Z(1), the date on which the subsidiary is dissolved in accordance with a resolution of NZIST’s council

NZIST means the New Zealand Institute of Skills and Technology established by section 222A

NZIST subsidiary means—

(a)

a corresponding NZIST subsidiary established under clause 27(1)29(1) of Schedule 1:

(b)

a subsidiary formed by NZIST under section 222Z(1)

Qualifications Authority means the New Zealand Qualifications Authority continued by section 256A.

Dissolution

2 Dissolution of NZIST subsidiary

(1)

An NZIST subsidiary is dissolved on the dissolution date.

(2)

As soon as possible after the dissolution date, the Registrar of Companies must remove the NZIST subsidiary from the New Zealand register of companies kept under the Companies Act 1993.

Consequences of dissolution

3 Members of NZIST subsidiary board cease to hold office

(1)

Every member of an NZIST subsidiary’s board who holds office immediately before the dissolution date ceases to hold office on the close of the day before that date.

(2)

Neither the Crown, NZIST, nor the NZIST subsidiary is liable to make a payment to, or otherwise compensate, a person referred to in subclause (1) for the loss of office.

4 Transfer of rights, assets, and liabilities to NZIST

(1)

This clause applies to all rights, assets, and liabilities that an NZIST subsidiary had immediately before the dissolution date.

(2)

On and after the dissolution date,—

(a)

all rights, assets, and liabilities of the NZIST subsidiary vest in NZIST; and

(b)

unless the context otherwise requires, every reference to the NZIST subsidiary in any enactment or any instrument, register, agreement, deed, lease, application, notice, or other document before the dissolution date must be read as a reference to NZIST.

(3)

In this clause, assets, liabilities, and rights have the same meanings as in section 216(1).

5 Employment of NZIST subsidiary employees by NZIST

(1)

The chief executive of NZIST must identify the employees of the NZIST subsidiary—

(a)

whose duties overall are required by NZIST to carry out its functions; and

(b)

whose positions will cease to exist as a result of the dissolution of the NZIST subsidiary.

(2)

An employee who is identified under subclause (1) must be offered equivalent employment by NZIST, being employment that is—

(a)

in substantially the same position; and

(b)

in the same general locality; and

(c)

on terms and conditions (including any terms and conditions relating to redundancy and superannuation) that are no less favourable than those applying to the employee immediately before the date on which the offer of employment is made to the employee; and

(d)

on terms that treat the period of service with the NZIST subsidiary (and every other period of service recognised by the NZIST subsidiary as continuous service) as if it were continuous service with NZIST.

(3)

If the employee of the NZIST subsidiary accepts an offer of employment under subclause (2), the employee’s employment by NZIST is to be treated as continuous employment, including for the purpose of service-related entitlements, whether legislative or otherwise.

(4)

An employee of an NZIST subsidiary that who is offered employment under subclause (2) is not entitled to receive any payment or other benefit on the ground that the employee’s position in the NZIST subsidiary has ceased to exist whether or not the employee accepts the offer.

(5)

This clause overrides—

(a)

Part 6A of the Employment Relations Act 2000; and

(b)

any employee protection provision in any relevant employment agreement.

6 Government Superannuation Fund

(1)

This clause applies to a person who, immediately before becoming an employee of NZIST, was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956.

(2)

For the purposes of the Government Superannuation Fund Act 1956, the person is treated as being employed in the Government service as long as the person continues to be an employee of NZIST.

(3)

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

(4)

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.

(5)

For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of NZIST is the controlling authority.

7 Students of existing polytechnics NZIST subsidiary

(1)

This clause applies to every student enrolled at an NZIST subsidiary immediately before the dissolution date.

(2)

On and after the dissolution date, the student must be treated as having been enrolled at NZIST.

(3)

A student who would, but for the dissolution of the NZIST subsidiary, have been entitled to be granted an award of the NZIST subsidiary is entitled to be granted a like award of NZIST.

(4)

In subclause (3), award has the same meaning as in section 159(1).

7A Visas granted under Immigration Act 2009

(1)

This clause applies to a visa granted under the Immigration Act 2009 in respect of—

(a)

a student, for the purposes of enrolment at an NZIST subsidiary; or

(b)

a staff member of an NZIST subsidiary.

(2)

On and after the dissolution date, any reference to the NZIST subsidiary in a condition imposed on the visa must be read as a reference to NZIST.

8 Existing approvals, accreditations, and consents

(1)

This clause applies to the following matters granted to an NZIST subsidiary or treated as having been granted to the subsidiary by the Qualifications Authority under Part 20 before the dissolution date and in effect immediately before that date:

(a)

an approval of a programme under section 249:

(b)

an accreditation to provide all or part of a programme under section 250:

(c)

an approval to provide a training scheme under section 251:

(d)

a consent to assess against the standards listed on the Directory of Assessment Standards under section 252:

(e)

a consent to award a degree or a post-graduate qualification under section 253B.

(2)

On and after the dissolution date,—

(a)

the approval, accreditation, or consent (including any conditions imposed on an approval or accreditation) continues to apply and must be treated as if it were granted to NZIST; and

(b)

unless the context otherwise requires, every reference in the approval, accreditation, or consent must be read as a reference to NZIST.

9 Existing funding approvals

(1)

This clause applies to an approval granted to an NZIST subsidiary or treated as having been granted to the subsidiary by the Commission under section 159YA(2) or 159ZC before the dissolution date and in effect immediately before that date.

(2)

On and after the dissolution date,

(a)

the approval (including any conditions imposed on the approval) continues to apply and must be treated, unless it is earlier withdrawn or revoked, as if it were granted to NZIST; and

(b)

unless the context otherwise requires, every reference in the approval to the NZIST subsidiary must be read as a reference to NZIST.

9 Existing funding paid by Commission under funding mechanism

(1)

This clause applies to funding (including any conditions imposed on the funding) payable by the Commission to an NZIST subsidiary or that is treated as being payable to the subsidiary under clause 43 of Schedule 1

(a)

in accordance with an approval granted under section 159YA(2); or

(b)

other than via a plan under section 159ZC.

(2)

On and after the dissolution date,

(a)

the Commission must treat the funding, unless it is earlier suspended, revoked, or withdrawn under section 159YG or 159ZF, as if it were payable to NZIST; and

(b)

for the purposes of paragraph (a), every reference to the NZIST subsidiary in an approval granted under section 159YA(2) must, unless the context otherwise requires, be read as a reference to NZIST.

10 Existing proceedings and other matters

(1)

On and after the dissolution date,—

(a)

the continuation or enforcement of any proceedings by or against an NZIST subsidiary may instead be continued or enforced by or against NZIST without amendment to the proceedings; and

(b)

the completion of a matter or thing that would, but for this clause, have been completed by the NZIST subsidiary may be completed by NZIST; and

(c)

anything done, or omitted to be done, or that is to be done, by or in relation to the NZIST subsidiary is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to NZIST.

(2)

In subclause (1)(a), proceedings

(a)

means civil and criminal proceedings; and

(b)

includes any enforcement or compliance activities by the Commission or the Qualifications Authority.

11 Final report of dissolved NZIST subsidiary

(1)

As soon as is reasonably practicable after the dissolution date, NZIST must prepare and forward to the Minister a final report on the dissolved NZIST subsidiary’s operations.

(2)

The final report must be for the period (the report period)—

(a)

commencing at the start of the financial year in which the NZIST subsidiary was dissolved; and

(b)

ending with the close of the day immediately before the date on which the subsidiary was dissolved.

(3)

The final report must include audited financial statements for the report period.

(4)

The Minister must present a copy of the final report to the House of Representatives as soon as is reasonably practicable after receiving it.

12 Transfers of contracts does not give rise to claims

No person may claim against NZIST or an NZIST subsidiary for breach of contract on the ground that contract, or any benefit of the contract, is vested in NZIST, whether or not the vesting involves NZIST and its employees gaining access to any information, data, programme, intellectual property right knowledge, chattel, equipment, transmission device, or facility of the claimant or any other person.

13 Provisions that apply if corresponding NZIST subsidiary dissolved and assets, etc, transferred to another NZIST subsidiary

(1)

This clause applies if NZIST’s council dissolves a corresponding NZIST subsidiary under clause 27B 31 of Schedule 1 and transfers some or all of the rights, assets, and liabilities of that subsidiary to another NZIST subsidiary under that clause.

(2)

Clauses 4 to 10 and 12 of this schedule apply, with any necessary modifications, as if a reference in those provisions to NZIST were to the other NZIST subsidiary to which those rights, assets, and liabilities are transferred.