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Human Rights Act 1993

Miscellaneous provisions - Savings

149: Special provisions in relation to written employment contracts in force on 1 April 1992

You could also call this:

"Rules for employment contracts with retirement ages from before 1 April 1992"

Illustration for Human Rights Act 1993

You have an employment contract that is in writing and was in force on 1 April 1992. It says you must retire at a certain age. If you and your employer agree in writing to change this age, the new age will apply, even if it goes against section 22. You and your employer might not agree to change the retirement age. In this case, section 22 will apply to your employment contract. This means the rules in section 22 will be used. If your retirement age was only mentioned in a document about your employer's retirement policy, this section does not apply to you. This is only for contracts where the retirement age is specifically stated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305753.

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Part 7Miscellaneous provisions
Savings

149Special provisions in relation to written employment contracts in force on 1 April 1992

  1. This section applies to every employment contract (whether a collective employment contract or an individual employment contract) that—

  2. is in writing; and
    1. was in force on 1 April 1992; and
      1. specifies an age at which an employee is required to retire.

        1. Where the parties to an employment contract to which this section applies agree in writing, at any time on or after 1 April 1992, to confirm or vary the age specified in the employment contract, the age, as so confirmed or varied, shall have effect notwithstanding section 22.

        2. Where the parties to an employment contract to which this section applies have not agreed in writing to confirm or vary the age specified in the employment contract, section 22 shall apply in relation to that employment contract.

        3. Where, as at 1 April 1992, the age at which an employer is required to retire, under a term of that employee's employment contract, was specified only in a document that sets out the employer's policy on the retirement ages of the employer's employees or any of them, this section shall not apply in relation to that employee's employment contract.

        Compare
        • 1977 No 49 s 15C
        • 1992 No 16 s 4