Plain language law

New Zealand law explained for everyone

Public Service Act 2020

People working in public service - Public service workforce - Employment in public service continuous for purpose of certain enactments

90: Application of section 91

You could also call this:

"What happens to your job when you move to a new role in the public service"

If you are a public service employee, section 91 applies to you if you move from one job to another. You move from one department or group to another, and your new job starts before, on, or right after your old job ends. This means you are still considered to be continuously employed.

If you are transferred to a new job under section 86, or if you move to a new department in certain circumstances described in section 88(1)(a), then section 91 also applies to you. You are considered to be moving from one job to another within the public service. This can affect how your employment is treated under the law.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356926.

Topics:
Government and voting > Government departments
Previous

89: Certain provisions not to apply in relation to transfer or offer of alternative position, or

"Some rules don't apply if you're moved to a new job or offered a different one."

Next

91: Employment in public service continuous for purpose of certain enactments, or

"Your job history counts as one continuous period when you move to a new public service job."

Part 3People working in public service
Public service workforce: Employment in public service continuous for purpose of certain enactments

90Application of section 91

  1. Section 91 applies to a public service employee if—

  2. the employee moves from a position as an employee in a department or an interdepartmental venture (agency A) to a position as an employee in another department or interdepartmental venture (agency B); and
    1. the position as an employee in agency B begins before, on, or immediately after the date on which the employee’s position as an employee with agency A ends.

      1. Without limiting subsection (1), section 91 applies to a public service employee who—

      2. is transferred under section 86 from a position as an employee in a department or an interdepartmental venture to a position as an employee in another department or interdepartmental venture; or
        1. moves from one department or interdepartmental venture to another in the circumstances to which section 88(1)(a) applies.