Corrections Act 2004

Corrections system - Miscellaneous - Management of prisons

199K: Transferring staff who are contributors to Government Superannuation Fund

You could also call this:

"Staff who contribute to the Government Superannuation Fund can keep doing so if they work in a contract prison"

If you work in a contract prison and you were already contributing to the Government Superannuation Fund, you are still considered to be employed in the Government service. This means you can keep contributing to the fund as long as you work in the contract prison, under the Government Superannuation Fund Act 1956. The rules of the Government Superannuation Fund Act 1956 apply to you as if you were still working directly for the Government.

If you were contributing to the fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956, or under Part 6B, the same rules apply. You are still considered to be a member of the prisons service, and the Government Superannuation Fund Act 1956 rules apply to you.

When the Government Superannuation Fund Act 1956 is applied to you, the term "controlling authority" means the contractor you work for.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2633822.

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199J: Release of prisoner information to and by contract prisons, or

"Sharing information about prisoners in private prisons"

200: Regulations, or

"Rules to help manage prisons and keep people safe"

Part 2Corrections system
Miscellaneous: Management of prisons

199KTransferring staff who are contributors to Government Superannuation Fund

This subsection applies to any person who—
is employed by a contractor to work in a contract prison; and
immediately before that employment was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956.

A person to whom subsection (1) applies is deemed to continue to be employed in the Government service, for the purposes of the Government Superannuation Fund Act 1956, for so long as that person continues to work in a contract prison.
The provisions of the Government Superannuation Fund Act 1956 apply to a person described in subsections (1) and (2) in all respects as if service with a contractor were Government service.
This subsection applies to any person who—
is employed by a contractor to work in a contract prison; and
immediately before that employment was a contributor to the Government Superannuation Fund under Part 6B of the Government Superannuation Fund Act 1956.

A person to whom subsection (4) applies is deemed to continue to be a member of the prisons service, for the purposes of the Government Superannuation Fund Act 1956, for so long as that person continues to work in a contract prison.
The provisions of the Government Superannuation Fund Act 1956 apply to a person described in subsections (4) and (5) in all respects as if service with a contractor were service as a member of the prisons service.
Subject to the Government Superannuation Fund Act 1956, nothing in subsections (1) to (6) entitles a person to become a contributor to the Government Superannuation Fund after that person has ceased to be a contributor.
For the purposes of applying the Government Superannuation Fund Act 1956 to a person who is a contributor to the Government Superannuation Fund, and who is in the service of a contractor, the term controlling authority, in relation to that person, means that contractor.

Notes

Section 199K: inserted, on 8 December 2009, by section 5 of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).