1Transitional, savings, and related provisions Empowered by s 6
1Provisions relating to this Act as enacted
1Meaning of commencement date
In this schedule, commencement date means the date on which this Act comes into force.
Transition from Drug Free Sport New Zealand to Commission
2Drug Free Sport New Zealand disestablished
Drug Free Sport New Zealand is disestablished.
The members of Drug Free Sport New Zealand cease to hold office at the close of the day before the commencement date.
3Consequences of disestablishment of Drug Free Sport New Zealand
On the commencement date,—
- all property belonging to Drug Free Sport New Zealand vests in the Commission; and
- all information and documents held by Drug Free Sport New Zealand are held by the Commission; and
- all money payable to or by Drug Free Sport New Zealand becomes payable to or by the Commission; and
- all rights, liabilities, contracts, entitlements, and engagements of Drug Free Sport New Zealand become the rights, liabilities, contracts, entitlements, and engagements of the Commission; and
- subject to subclause (5), every employee of Drug Free Sport New Zealand becomes an employee of the Commission on the same terms and conditions as applied immediately before they became an employee of the Commission; and
- anything done, or omitted to be done, or that is to be done, by or in relation to Drug Free Sport New Zealand is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to the Commission; and
- proceedings that may be commenced, continued, or enforced by or against Drug Free Sport New Zealand may instead be commenced, continued, or enforced by or against the Commission without amendment to the proceedings; and
- a matter or thing that could, but for this clause, have been completed by Drug Free Sport New Zealand may be completed by the Commission.
The transfer of information from Drug Free Sport New Zealand to the Commission under subclause (1) does not constitute an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.
For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994), Drug Free Sport New Zealand and the Commission are treated as the same person.
The disestablishment of Drug Free Sport New Zealand does not, by itself, affect any of the following matters:
- any decision made, or anything done or omitted to be done, by Drug Free Sport New Zealand in relation to the performance or exercise of its functions, powers, or duties under any enactment:
- any proceedings commenced by or against Drug Free Sport New Zealand:
- any other matter or thing arising out of Drug Free Sport New Zealand’s performance or exercise, or purported performance or exercise, of its functions, powers, or duties under any legislation.
Despite subclause (1)(e), the chief executive of Drug Free Sport New Zealand does not become an employee of the Commission under this schedule.
4References to Drug Free Sport New Zealand
On and from the commencement date, unless the context otherwise requires, every reference to Drug Free Sport New Zealand in any contract or other instrument, document, or notice must be read as a reference to the Commission.
5Transfer of employees from Drug Free Sport New Zealand to Commission
This clause applies to a person who becomes an employee of the Commission under clause 3(1)(e) (a transferred employee).
The terms and conditions of employment of a transferred employee immediately before the commencement date continue to apply in relation to that employee until—
- those terms and conditions are varied by agreement between the transferred employee and the Commission; or
- the transferred employee accepts a subsequent appointment with the Commission.
For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of a transferred employee,—
- the employment agreement of that employee is to be treated as unbroken; and
- the employee’s period of service with Drug Free Sport New Zealand, and every other period of service of that employee that is recognised by Drug Free Sport New Zealand as continuous service, is to be treated as a period of service with the Commission.
To avoid doubt, the employment of a transferred employee by the Commission does not constitute new employment for the purposes of the Holidays Act 2003 or the KiwiSaver Act 2006.
A transferred employee is not entitled to receive any payment or benefit from Drug Free Sport New Zealand or the Commission on the grounds that the person’s position in Drug Free Sport New Zealand has ceased to exist or the person has ceased to be an employee of Drug Free Sport New Zealand as a result of the transfer to the Commission.
This clause overrides Part 6A of the Employment Relations Act 2000.
6Restriction on compensation for technical redundancy for chief executive of Drug Free Sport New Zealand
The person holding the position of chief executive of Drug Free Sport New Zealand is not entitled to receive any payment or other benefit on the grounds that—
- the position of chief executive of Drug Free Sport New Zealand has ceased to exist as a result of the disestablishment of Drug Free Sport New Zealand; and
- in connection with that disestablishment, the person holding the position of chief executive is offered and accepts other employment in the Commission.
This clause overrides Part 6A of the Employment Relations Act 2000.
Tests, proceedings, matters, issues, or things before Drug Free Sport New Zealand
7Tests, proceedings, matters, issues, or things before Drug Free Sport New Zealand
Any test, proceeding, matter, issue, or thing before or with, or being considered or dealt with by, Drug Free Sport New Zealand before the commencement date must be dealt with by the Commission under the Sports Anti-Doping Act 2006, whether or not any action was taken in relation to the test, proceeding, matter, issue, or thing before the commencement date, as if this Act had not been enacted.
Pre-commencement consultation on integrity codes
8Pre-commencement consultation on integrity codes
Any consultation undertaken by any person, or group of persons, before the date on which this Act received the Royal assent or before the commencement date in relation to a proposed integrity code is valid and effective if, had it been done by the Commission after the commencement date, it would have been in accordance with section 20.
Anti-doping rules
9Anti-doping rules
The anti-doping rules made by Drug Free Sport New Zealand under section 16 of the Sports Anti-Doping Act 2006 and in force immediately before the commencement date continue in force as if they were made under section 23 of this Act.
Investigations into actions and omissions before commencement date
10Commission may investigate actions and omissions before commencement date
The Commission may conduct an investigation under section 32 whether the actions or omissions that are the subject of the investigation occurred wholly or partly before or after the commencement date.