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Building Act 2004

Miscellaneous provisions - Transitional provisions - Dissolution of Authority

421: Restriction of compensation for technical redundancy

You could also call this:

“Workers don't get extra money if their job ends when the Authority closes and they get a similar or new job at the Ministry.”

If you work for the Authority, you can’t get extra money or benefits just because your job stops existing when the Authority is dissolved. This is called ‘technical redundancy’. There are two situations where this applies:

  1. If your job ends because the Authority is dissolved, and you’re offered a similar job in the Ministry. It doesn’t matter if you take the job or not.

  2. If your job ends because the Authority is dissolved, and you’re offered a different job in the Ministry, and you accept it.

A ‘similar job’ (called ‘equivalent employment’ in the law) means a job in the Ministry that:

  • Is basically the same as your old job
  • Is in the same general area
  • Has the same or better pay and conditions
  • Counts your time working for the Authority as if you had been working for the Ministry all along

This rule helps make sure that when the Authority is dissolved, people don’t get extra money just because their job title changes, even if they’re still doing similar work for the government.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309302.

Topics:
Government and voting > Government departments
Work and jobs > Worker rights
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“Rules for hiring government workers don't apply when moving someone from a closing office to a new one.”

Part 5 Miscellaneous provisions
Transitional provisions: Dissolution of Authority

421Restriction of compensation for technical redundancy

  1. An employee of the Authority is not entitled to receive any payment or other benefit on the ground that his or her position in the Authority has ceased to exist if—

  2. the position ceases to exist as a result of the dissolution of the Authority; and
    1. in connection with that dissolution,—
      1. the employee is offered equivalent employment in the Ministry (whether or not the employee accepts the offer); or
        1. the employee is offered, and accepts, other employment in the Ministry.

        2. In this section, equivalent employment is employment in the Ministry—

        3. in substantially the same position; and
          1. in the same general locality; and
            1. 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
              1. on terms that treat the period of service with the Authority (and any other period of service recognised by the Authority as continuous service) as if it were continuous service with the Ministry.

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