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Land Transport Act 1998

Repeals, amendments to other enactments, and transitional and savings provisions

223: Transfer provisions for certain employees of Agency

You could also call this:

“Rules for moving Agency workers to new jobs”

This law talks about what happens when some employees of the Agency move to new jobs. Here’s what you need to know:

The law applies to people who work for the Agency and deal with things like car registration, driver licensing, road user charges, and fuel tax refunds. If these people are offered a new job with similar duties in another part of the government or with a company that now handles these tasks, some special rules apply.

If you’re one of these employees and you’re offered a new job with similar conditions, you won’t get any extra money for leaving your old job. This is because your new employer will treat your time at the Agency as if you had been working for them all along.

If you were part of the Government Superannuation Fund at the Agency, you can keep being part of it in your new job. But if you stop being part of the fund, you can’t rejoin it later.

Your new employer will be in charge of your superannuation fund matters.

This law helps make sure that when the Agency gives some of its work to other organisations, the employees who do that work are treated fairly in their new jobs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435667.

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Part 16 Repeals, amendments to other enactments, and transitional and savings provisions

223Transfer provisions for certain employees of Agency

  1. This section applies to any person (the transferee) who,—

  2. as an employee of the Agency, is or was engaged principally on duties relating to any 1 or more of the following matters:
    1. the administration of motor vehicle registration and licensing under Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or the administration of driver licensing under Part 2 of that Act or under this Act:
      1. the administration or enforcement of road user charges under the Road User Charges Act 1977 or Part 2 of the Land Transport Management Act 2003:
        1. the administration of fuel excise duty refunds under Part 5 of the Government Roading Powers Act 1989:
          1. the collection of revenue under the Road User Charges Act 1977, Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or Part 5 of the Government Roading Powers Act 1989; and
          2. becomes or is offered the opportunity to become an employee or director of—to which the responsibility for any of the matters specified in paragraph (a) has been or is delegated, contracted, or otherwise transferred (the employer).
            1. any department or other part of the State services (as defined in section 2 of the State Sector Act 1988); or
              1. any company, partnership, or person—

              2. No transferee is entitled to any payment, benefit, or compensation, whether for redundancy or otherwise, by reason only of the transferee ceasing to be employed by the Agency if—

              3. the transferee has been or is offered terms and conditions of employment that are similar in overall effect to those of the transferee with the Agency; and
                1. the employer has agreed to treat the transferee's service with the Agency as if it were service with the employer and as if it were continuous; and
                  1. the duties of the transferee are similar in overall effect to those of the transferee with the Agency or the transferee is willing to accept alternative duties.

                    1. Any transferee who, immediately before the transfer, was a contributor to the Government Superannuation Fund under the Government Superannuation Fund Act 1956 is, for purposes of that Act, deemed to be employed in the Government service so long as that person continues to be employed with, or be a director of, the employer.

                    2. Subject to the Government Superannuation Fund Act 1956, nothing in subsection (3) entitles a transferee to become a contributor to the Government Superannuation Fund after that transferee has ceased to be a contributor.

                    3. For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subsection (3), the term controlling authority, in relation to a transferee, means the employer.

                    Notes
                    • Section 223 heading: amended, on , by section 93 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                    • Section 223 heading: amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                    • Section 223(1)(a): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                    • Section 223(1)(a)(ii): amended, on , by section 90 of the Land Transport Management Act 2003 (2003 No 118).
                    • Section 223(1)(a)(iii): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                    • Section 223(1)(a)(iv): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                    • Section 223(2): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                    • Section 223(2)(a): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                    • Section 223(2)(b): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                    • Section 223(2)(c): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).