1969, No. 64 State Services Remuneration and Conditions of Employment

Transcription

1 1969, No. 64 State Services Remuneration and Conditions 635 Title 1. Short Title 2. Interpretation PART I SYSTEM; AND CRITERIA FOR PRESCRIBING REMUNERATION AND CONDITIONS OF EMPLOYMENT 3. Method of prescribing remuneration and conditions of employment 4. Conditions of employment which may be prescribed 5. When determination may be issued 6. Criteria in prescribing pay scales 7. State Services Co-ordinating Committee 8. Functions of State Services Cootdinating Committee 9. Subcommittees 10. Hospital Service Committee 11. Education Service Committee 12. Power to make determinations 13. Delegation Advisory Committee on Higher Salaries 14. Advisory Committee on Higher Salaries 15. Meetings of Advisory Committee on Higher Salaries 16. Function of the Advisory Committee on Higher Salaries 17. Advisory Committee on Higher Salaries to be Commission of Inquiry 18. Prescribing of higher salaries PART 11 ISSUE OF DETERMINATIONS 19. Steps to be taken before issue of a determination 20. Application for review of remuneration or conditions of employment 21. Amending determinations 22. Consolidating determinations 23. Conciliation ANALYSIS Pay Adjustment and Review 24. Half-yearly reviews 25. Pay Research Unit 26. Specific reviews of remuneration PART III STATE SERVICES TRIBUNAL 27. State Services Tribunal 28. Deputies of Chairman or members of State Services Tribunal 29. State Services Tribunal to be a Commission of Inquiry 30. Assessors 31. Applications to a Tribunal 32. Powers of State Services Tribunal 33. Applications 34. Hearings of the State Services Tribunal 35. Orders of the State Services Tribunal 36. Power of State Services Tribunal to interpret orders and determinations PART IV SINGLE SERVICE TRIBUNALS 37. Government Service Tribunal 38. Government Railways Industrial Tribunal 39. Hospital Service Tribunal Provisions Applicable to All Single Service Tribunals 40. Term of office, vacancies, and decisions 41. Deputies of members of a Single Service Tribunal 42. Single Service Tribunals to be Commissions of Inquiry 43. Assessors 44. Powers of Single Service Tribunals 45. Applications 46. Hearings of a Single Service Tribunal 47. Orders of a Single Service Tribunal 48. Power of Single Service Tribunal to interpret orders and determinations

2 636 State Services Remuneration and Conditions 1969, No. 64 PART V MISCELLANEOUS PROVISIONS 49. Attempts to influence improperly the decision of a Tribunal 50. Services for Tribunals 51. Service rights and superannuation rights of members of Tribunals 52. Excluding appeal in certain cases 53. Fees and allowances 54. Regulations 55. Consequential amendments to State Services Act Consequential amendments to Government Railways Act Consequential amendments to Education Act Consequential amendments to Hospitals Act Consequential amendments to Post Office Act Other consequential amendments 61. Consequential repeal 62. Savings 1969, No. 64 An Act to provide for the fixing of rates of remuneration and conditions of employment for employees in the State services, and to establish certain Tribunals [22 October BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the State Services Remuneration and Conditions Act Interyretation-( 1) In this Act, unless the context other WIse requlres,- "Assessor" means an assessor appointed to the State Services Tribunal pursuant to section 30 of this Act~ or to any Single Service Tribunal pursuant to section 43 of this Act: "Branch", in relation to the State services, means any of the following, namely, the Public Service, the New Zealand Government Railways Department, the Post Office, the Hospital service, the Education service, the Defence Forces, the Legislative Department, the Law Drafting Office, and any other branch of the State services for which a separate employing authority for the purposes of this Act is designated by any enactment or by the Minister: "Determination" means a determination made by an employing authority under section 3 of this Act, and includes an amending determination made under section 21 of this Act, and a consolidating determination made under section 22 of this Act:

3 1969, No. 64 State Services Remuneration and Conditions 637 "Education service" means employment in any teaching position under Parts In to VIII of the Education Act 1964; but does not include employment in any position in a private school: "Employee", in relation to the State services, means an employee in any branch of the State services, whether paid by salary, wages, or otherwise; but does not include an independent contractor: "Employing authority",- (a) In relation to the Public Service, means the State Services Commission: (b) In relation to the New Zealand Government Railways Department, means the General Manager of Railways: ( c) In relation to the Post Office, means the Director-General of the Post Office: (d) In relation to the Hospital service, means the Director-General of Health: ( e) In relation to the Education service, means the Director-General of Education: (f) In relation to the Defence Forces, means the Secretary of Defence: (g) In relation to employees in the Legislative Department and the Law Drafting Office, means the Chairman of the State Services Co-ordinating Committee: (h) In relation to any other branch of the State services, means the person or bodv desi~nated by any enactment as the employing authority for the purposes of this Act in respect of that branch; and, if no such person or body is so designated, means any person or body designated for that purpose by the Minister: "Government Railways Industrial Tribunal" means the Government Railways Industrial Tribunal established under this Act: "Government Service Tribunal" means the Government Service Tribunal established under this Act: "Hospital service" means service in the employment of any Hospital Board constituted under the Hospitals Act 1957, other than service as a medical officer in that employment: "Hospital Service Tribunal" means the Hospital Service Tribunal established under this Act:

4 638 State Services Remuneration and Conditions 1969, No. 64 "Minister" means the Minister of State Services: "Occupational class",- (a) In relation to the Public Service, means an occupational class prescribed by the State Services Commission under section 41 of the State Services Act 1962; and (b) In relation to the New Zealand Government Railways Department, means an occupational class prescribed under section 75 of the Government Railways Act 1949; and (c) In relation to the Post Office, means an occupa tional class prescribed pursuant to subsection (2) of section 218 of the Post Office Act 1959; and (d) In relation to all other branches of the State services, means a class or group of employees prescribed by determination by the employing authority or by Tribunal order as an occupat'ional clas:;. "Prescribed" means prescribed by or under this Act or by regula tions made under this Act: "Published",- (a) In relation to the Public Service, means published in the Public Service Official Circular: (b) In relation to the Post Office means published in the Post Office Circular: (c) In relation to the Education service, means published in the New Zealatnd Education Gazette: (d) In relation to any other branch of the State services means published in the Gazette or in such other manner as the Minister may direct,- and in every such case (if publication as aforesaid is not desired by the authority, organisation, or person responsible for the publication) includes notification to any employing authority or to any service organisation whose members may be affected; and "publication" has a corresponding meaning: "Remuneration" includes salary, wages, and other payments in return for services: "Service organisation",- (a) In relation to any branch of the State services, means such organisation or organisations as at the date of the commencement of this Act are recognised as such by any enactment or otherwise, and such other organisation or organisations as may

5 1969, No. 64 State Services Remuneration and Conditions 639 from time to time be recognised by the Minister, after consultation with any recognised organisation or organisations which may be affected: (b) In relation to the whole of the State services, means every organisation to which paragraph (a) of this definition applies; and includes the organisation known at the commencement of this Act as the Combined State Service Organisations, and any other central organisation of two or more service organisations representing the joint interest of employees in the State services: "Single service matter" means a matter which does not sign~ficantly affect more than one branch of the State services: "Single Service Tribunal" means any of the following Tribunals, namely, the Government Service Tribunal, the Government Railways Industrial Tribunal, and the Hospital Service Tribunal: "State services" means all instruments of the Crown in respect of the Government of New Zealand; and includes the Education service, the Hospital service, the Deputy Controller and Auditor-General, the Solicitor-General, members of the Defence Forces, and employees of the Crown to whom Part III of the State Services Act 1962 does not apply by reason of subsection (1) of section 22 of that Act; but does not include the Governor-General, members of the Executive Council, Ministers of the Crown, or members of Parliament; or the Judiciary, Stipendiary Magistrates, full time Chairmen and full time members of Boards and Commissions who are paid out of money appropriated by Parliament, the Police, persons who are employed under Part II or section 123 of the Education Act 1964, employees of the Crown (other than the Deputy Controller and Auditor General, the Solicitor-General, and members of the Defence Forces) to whom Part III of the State Services Act 1962 does not apply by reason of subsection (2) of section 22 of that Act, or persons who are employed under awards or industrial agreements made under the Industrial Conciliation and Arbitration Act 1954 or under apprenticeship orders made under the Apprenticeship Act 1948:

6 640 State Services Remuneration and Conditions 1969, No. 64 Provided that, in relation to Parts Il, Ill, and IV of this Act, the term State services does not include also: (a) Members of the Defence Forces: (b) Members of the New Zealand Security Intelligence Service: (c) Persons who are employees of the State services for the purposes of the other provisions of this Act, but who occupy positions overseas whether they are appointed to those positions under the External Affairs Act 1943 or otherwise: (d) In respect of single service matters only, employees in the employment of the Post Office: (e) Persons who are employees of the State services for the purposes of the other provisions of this Act, but who occupy positions specifically excluded by the Minister, by notice in the Gazette, from Tribunal jurisdiction on the ground that the positions involve substantial responsibility not only for management but also for formulating and advising on policy: "State Services Tribunal" means the State Services Tribunal established under this Act: "Tribunal" means, as the case may require, the State Services Tribunal or any Single Service Tribunal. (2) The employing authority in relation to any branch of the State services shall not be deemed to be the employer in relation to that branch by reason only of being such employing authority; and, except as expressly provided in this Act, nothing in this Act shall affect the relationship between the employees in any such branch and their employer or employers. PART I SYSTEM AND CRITERIA FOR PRESCRIBING REMUNERATION AND CONDITIONS OF EMPLOYMENT 3. Method of prescribing remuneration and conditions of employment-except as otherwise provided in this Act, and notwithstanding anything to the contrary in any other enactment, as from the commencement of this Act the remunera-

7 1969, No. 64 State Services Remuneration and Conditions 641 tion and conditions of employment of employees in the State services shall be prescribed by an employing authority by determination under this Act and not otherwise. 4. Conditions of employment which may be prescribed The conditions of employment which may be prescribed in accordance with this Act shall be- (a) Annual and special leave, sick leave, holidays, ordinary hours of work, and the period to be worked before overtime rates become payable: (b) Rates of remuneration and conditio:1s in respect of minimum earnings, overtim~, travelling time, standing time, night work, shift work, a..'1d special duty, and in respect of work on Saturdays, Sundays, holidays, and at any other time outside the ordinary hours of duty: (c) Minimum rates of remuneration for adult employees and for married employees: (d) Separation allowances, locality allowances, dirty work allowances, and other allowances relating to conditions of work: (e) Tool allowances and allowances in the nature of additional pay for classes or conditions of work warranting the payment thereof: (f) Travelling, relieving, lodging, night, rest, camp, transfer, and meal allowances and expenses: (g) The terms and conditions on which uniforms and industrial clothing may be issued: (h) In respect of the New Zealand Government Railways Department only, also payments to engine crews on the basis of mileage run during any shift and the conditions on which free travelling on the railways or travelling at reduced rates may be granted: (i) In respect of the Defence Forces only, also all allowances, grants, gratuities, and other similar payments, including overseas allowances made in respect of conditions of service in the Defence Forces. 5. When determination may be issued-an employing authority may issue a determination on its own motion or following an application by a service organisation under this Act: Provided that no determination shall be issued until all relevant requirements of this Act relating to notification and negotiation have been complied with in respect thereof. A-22

8 642 State Services Remuneration and Conditions 1969, No Criteria in prescribing pay scales-( 1) In prescribing pay scales, being salary rates or scales of salary rates or wage rates or scales of wage rates, in accordance with this Act- (a) The aim shall be to set for each occupational class a pay scale which will enable the State services to recruit and retain an efficient staff, will take account of special responsibilities or conditions applying to employment in the occupational class, and will be fair to the tax paying public and to employees in the State services; and (b) Effect shall be given to the provisions of this section. (2) In order that the requirements specified in paragraph (a) of subsection (1) of this section may be satisfied, the rewards of employment in the State services shall be kept broadly in line with those of employment outside the State services. ( 3) In order to achieve the purposes specified in the foregoing provisions of this section, in setting a pay scale for any occupational class, regard shall be had to the following criteria: (a) External comparability, being the current remuneration received by employees in positions outside the State services which are closely comparable with positions in that occupational class, which closely comparable positions are hereafter in this section referred to as benchmark positions: (b) Vertical relativity, being the adequacy of the margins between benchmark positions and other positions in that occupational class, taking into account differences of responsibility and skill : (c) Horizontal relativity, being the current remuneration received by those in benchmark positions in other occupations (whether in or outside the State services) which, however dissimilar in job content, have some similar requirements such as education, training, or skill, and having regard to any differences in skill or responsibility between the benchmark positions in that occupational class and in the other occupations: (d) Recruitment and retention, being the need to attract, and to hold at all levels of that occupational class, enough staff of sufficient competence to ensure efficiency, and the adequacy of the currer,t pay scale for these purposes.

9 1969, No. 64 State Services Remuneration and Conditions 643 ( 4) In applying the said criteria, they shall be given weight as follows: ( a) The closer the resemblance between the benchmark positions which are being compared the greater shall be the weight to be given to external comparability in comparison with other relativities: (b) The more closely pay rates based on vertical relativity are linked to external comparability, the greater shall be the weight attached to vertical relativity; and in this connection, without limiting the generality of the foregoing provisions of this paragraph,- (i) The more accurately a benchmark has been fixed by external comparability, the greater shall be the confidence in margins calculated from it: (ii) The greater the number of benchmarks within a class which have been fixed by external comparability, the greater shall be the confidence in a structure of margins based on that framework: ( iii) The narrower the range between benchmarks the g.reater shall be the confidence in interpolated margms: (iv) Interpolated margins shall command more confidence than extrapolated margins,- so that a pay rate which, for reasons such as those specified in subparagraphs (i) to (iv) of this paragraph, commands a high degree of confidence may outweigh one insecurely based on external comparability : ( c) Horizontal relativities shall have weight only when no closer comparisons are available; and, in choosing between them, the more likely a comparison is to indicate a realistic market price for the occupation under review, the greater shall be its weight: (d) Whenever abnormal ease or difficulty in attracting and holding enough competent staff indicates that rates based on relativities are out of touch with market realities, recruitment and retention shall outweigh the relativity criteria. (5) In applying the foregoing provisions of this section, the following provisions shall apply: (a) Current remuneration means current wage or salary rates, unless it can be shown, taking into account other conditions of service, that effective remuneration differs from wage or salary, and that such a difference can be evaluated: A-22*

10 644 State Services Remuneration and Conditions 1969, No. 64 (b) Where the current remuneration of those doing comparable work outside the State services can be shown to be based on pay rates in the State services, or where their conditions of employment other than pay differ sufficiently to prevent fair comparison, external comparability shall not apply: (c) References to employment outside the State services shall be limited to employment in New Zealand, unless it can be shown that there is an effective demand outside New Zealand for New Zealand staff of the occupation and grade concerned, in which case the pay scale shall be fixed (taking into account overseas salaries together with other relevant factors) at a level which will enable the State services to recruit and retain an efficient staff: (d) References to employment outside the State services shall not include self-employed persons: Provided that, when so many of the counterparts of those in the occupation and grade concerned are self-employed as to prevent the application of external comparability, then the pay scale shall be fixed (taking into account the incomes of selfemployed persons together with other relevant factors) at a level which will enable the State services to recruit and retain an efficient staff: (e) References to employment outside the State services shall be limited to employment with good employers, that is to say, those maintaining standards which are generally accepted for the time being as necessary minima; and (apart from general adjustments, based on the widest sampling of the sector outside the State services) comparisons shall where possible be made with employers who are competing in the same labour market as the State services and whose conditions of employment are similar: (f) External comparability shall require, not that State services pay for a benchmark job shall correspond to the mean of the rates for its counterparts outside the State services, but that it shall fall within a reasonable range about that figure, taking into account such other relevant considerations as the quality of performance sought, the record of recruitment and retention in that occupation, and likely changes in future demand:

11 1969, No. 64 State Services Remuneration and Conditions 645 (g) External comparability shall not require ithe setting of separate district pay scales for occupational classes which have a distribution throughout New Zealand, and State services pay scales (except under awards and industrial agreements) shall be uniform throughout New Zealand: (h) References to abnormal ease or difficulty in recruiting and retaining staff of a given occupation in the State services mean ease or difficulty that is shown to be greater than that of employers outside the State services, or difficulty of such magnitude that it impairs the effectiveness of the State services; and whenever existing relativities are abandoned as inadequate to recruit or retain an efficient staff, the estimated extra cost of getting more staff at increased rates shall be compared with the benefit which the State services expect to derive from their employment. (6) Conditions of employment, other than pay, shall be fixed having regard to external comparability, except when the special features of employment in the State services make this inappropriate. 7. State Services Co-ordinating Committee-( 1) There is hereby established a Committee to be known as the State Services Co-ordinating Committee. (2) The State Services Co-ordinating Committee shall consist of: (a) The Chairman of the State Services Commission: (b) The Secretary to the Treasury: ( c) The Director-General of the Post Office: (d) The General Manager of Railways: (e) The Secretary of Defence: (f) The Director-General of Health: (g) The Director-General of Education. (3) The Chairman of the State Services Commission shall be the Chairman and convener of the State Services Coordinating Committee. ( 4) In any case where the matter before the State Services Co-ordinating Committee affects an employing authority which is not a member of that Committee, the Committee shall have power to co-opt that employing authority as a full member of the Committee for the purposes of that matter.

12 646 State Services Remuneration and Conditions 1969, No. 64 (5) In the absence from any meeting of the State Services Co-ordinating Committee of any member of that Committee, any officer of the State services who is under his control and is authorised by him to do so may attend the meeting in his stead, and while so attending shall be deemed to be a member of that Committee. (6) The State Services Co-ordinating Committee shall meet at such times and places as the Chairman may appoint, and, except as otherwise specified in this Act, shall regulate its own procedure. 8. Functions of State Services Co-ordinating Committee The State Services Co-ordinating Committee shall be the principal adviser to the Minister on personnel matters affecting the State services, and shall be the official negotiating body with the service organisations on all personnel matters which in the opinion of the Committee significantly affect more than one employing authority. 9. Subcommittees-( 1) The State Services Co-ordinating Committee may from time to time appoint such subcommittees as it thinks fit. (2) Any member of a subcommittee appointed under this section may be a member of the State Services Co-ordinating Committee or any other employee of the State services. 10. Hospital Service Committee-( 1) There is hereby established a Hospital Service Committee. (2) The Hospital Service Committee shall consist of: ( a) The Chairman, who shall be the Director-General of Health or his nominee: (b) One or two members appointed by the Hospital Boards' Association, as that Association thinks fit: (c) One member appointed by the Director-General of Health: (d) One. ~ember appointed by the State Services CommISSIon. (3) The Hospital Service Committee shall be responsible for all negotiations on behalf of the employing authority conducted under this Act insofar as the negotiations relate to a matter affecting the Hospital service alone, whether arising from an application by a service organisation or otherwise.

13 1969, No. 64 State Services Remuneration and Conditions Education Service Committee-( 1) There IS hereby established an Education Service Committee: (2) The Education Service Committee shall consist of: ( a) The Chairman, who shall be the Director-General of Education or his nominee: (b) One member appointed by the Director-General of Education: (c) One.m~mber appointed by the State Services ComnnSSlOn: ( d) Such additional member or members as may be appointed under subsection (3) of this section. (3) For the purpose of all matters relating to any application that affects the Education service, the Director-General of Education shall appoint an additional member of the Education Service Committee who shall be appointed on the nomination of- (a) The Education Boards' Association where the application mainly affects primary teachers: (b) The New Zealand Secondary School Boards' Association where the application mainly affects secondary teachers: ( c) Such organisation of employers of the teachers mainly affected as the Director-General of Education considers appropriate in the case of any other application: Provided that in the case of a joint application by two service organisations, the Director-General of Education may, for the purposes of all matters relating to that joint application, appoint an additional member to represent those employers of teachers concerned in the application who would not otherwise be represented on the Committee. ( 4) The Education Service Committee shall be responsible for all negotiations on behalf of the employing authority conducted under this Act insofar as the negotiations relate to a matter affecting the Education service alone, whether arising from an application by a service organisation or otherwise. 12. Power to make determinations-each employing authority shall have power to make determinations in accordance with this Act in respect of the branch of the State services under the jurisdiction of that employing authority:

14 648 State Services Remuneration and Conditions 1969, No. 64 Provided that, in single service matters affecting employees in the employment of the Post Office, determinations shall be made by the Director-General of the Post Office in accordance with the Post Office Act Delegation-The State Services Co-ordinating Committee may, either generally or in relation to a specified matter, delegate to any subcommittee appointed by it, or to the Hospital Service Committee, or to the Education Service Committee, or to any employing authority, all or any of its powers: Provided that any person or committee acting in accordance with any such delegation shall, within fourteen days after the date on which any decision was taken, report that decision to the State Services Co-ordinating Committee. Advisory Committee on Higher Salaries 14. Advisory Committee on Higher Salaries-( 1) There shall continue to be a Committee to be known as the Advisory Committee on Higher Salaries in the State Services. (2) The said Committee shall consist of not more than five members who shall be appointed by the Governor-General in Council on the recommendation of the Minister. (3) One member shall be appointed by the Governor General in Council as the Chairman of the said Committee; and the said Committee shall appoint one of the other members to be the Deputy Chairman of the said Committee. (4) Every member of the said Committee shall be appointed for a term of three years, and may from time to time be reappointed, or may be at any time removed from office by the Governor-General for disability, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General, or may at any time resign his office by writing addressed to the Minister. (5) Every member of the Advisory Committee on Higher Salaries in the State Services established under section 17 of the State Services Act 1962 who was in office immediately before the commencement of this Act shall continue in office under this section as a member of that Committee until the expiration of the term for which he was appointed, and shall be eligible for reappointment. Cf. 1962, No. 132, s. 17

15 1969, No. 64 State Services Remuneration and Conditions Meetings of Advisory Committee on Higher Salaries The Advisory Committee on Higher Salaries in the State Services shall meet at such times and places as the Minister or the Chairman may appoint, and, except as otherwise specified in this Part of this Act, shall regulate its own procedure. Cf. 1962, No. 132, s Function of the Advisory Committee on Higher Salaries-(1) The function of the Advisory Committee on Higher Salaries in the State Services shall be to consider and make recommendations to the Minister on the levels of remuneration for those positions in the State services which are specifically excluded by the Minister by notice in the Gazette from Tribunal jurisdiction and such other senior persons as the Minister may direct: Provided that the said Committee may confine its recommendations to a limited number of key positions in one or more of the groups specified: Provided also that, as well as reporting at the direction of the Minister, the said Committee may, of its own motion, make recommendations to the Minister. ( 2) In making the recommendations specified in subsection (1) of this section the said Committee shall take into account such factors as it considers relevant, and in particular shall have regard to the criteria set out in section 6 of this Aot. (3) Every member of the said Committee and every person for the time being serving the said Committee shall maintain and aid in maintaining the secrecy of all matters relating to its operation which come to his knowledge, and shall not co:nmunicate any such matters 'to any person except for the purpose of carrying into effect this Act. Cf. 1962, No. 132, s Advisory Committee on Higher Salaries to be Commission of Inquiry-The Advisory Committee on Higher Salaries in the State Services shall, for the purposes of this Act, be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject <to this Act, all the provisions of that Act except sections 11 and 12 (which relate to costs) shall apply accordingly. Cf. 1962, No. 132, s. 20

16 650 State Services Remuneration and Conditions 1969, No Prescribing of higher salaries-( 1) The maximum salary that any employing authority may by determination prescribe shall be fixed from time to time by Order in Council; and any such Order in Council shaii come into force on a date to be specified therein in that behalf, whether before or after the date of the Order in Council. (2) Salaries exceeding the amount prescribed by Order in Council under subsection (1) of this section, and the salaries payable to those persons who occupy positions specifically excluded by the Minister (by notice in the Gazette) from Parts I1, Ill, and IV of this Act, may be paid in respect of such positions and at such rates and under such conditions as may be prescribed by Order in Council. ( 3) Notwithstanding the provisions of subsection (1) of this section, salaries prescribed in terms of subsection (2) of this section, other than those payable to those persons who occupy positions specifically excluded by the Minister (by notice in the Gazette) from Parts I1, Ill, and IV of this Act, may be included in any determination made by an employing authority under this Act, and such salaries shall, for the purposes of any application by a service organisation under this Act for a variation of the determination, be deemed to have been prescribed by the determination. PART 11 ISSUE OF DETERMINATIONS 19. Steps to be taken before issue of a determination ( 1 ) Before any employing authority issues a determination, other than a determination arising out of an application by a service organisation under section 20 of this Act, it shall give to every service organisation any member of which would be affected by the proposed determination notice of its intention to issue the determination, which notice shall include a copy of the proposed determination in draft form or shall otherwise fully indicate the purpose and effect thereof. (2) At any time within fourteen days a~ter the date on which it receives notice of intention,to issue a determination as aforesaid, a service organisation may give notice to the employing authority that it wishes to negotiate on the proposed determination, and shall indicate the grounds on which it objects to the proposed determination.

17 1969, No. 64 State Services Remuneration and Conditions 651 (3) Any service organisation that gives notice to the employing authority that it wishes to negotiate on a proposed determina'tion shall commence negotiations with the appropriate negotiating body within fourteen days after the date on which notice was given to,the employing authority, and (except as provided in subsection (4) of this section) the detennina tion to which objections have been raised shall not be issued until the negotiation has taken place. ( 4) If a service organisation does not give notice to the employing authority that it wishes to negotia'te on a proposed determination, or if, having given notice of its intention to negotiate, it fails to commence negotiations within fourteen days after the date on which the notice is given, or fails to pursue the negotiations with due diligence, the employing authority may proceed to issue the proposed determination. (5) At any time within two months (or such extended period as the employing authority may in any case notify to the service organisations to which notice is given under subsection (1) of this section) after the date of the publication of any determination made under this section, any service organisation whose members are affected by the determination may apply in writing to the State Services Tribunal if the application will significantly affect more than one branch of the State services, or in any other case to the appropriate Single Service Tribunal, for an order of the Tribunal varying the determination. Cf. 1962, No. 132, s. 41c (1)-(4); 1965, No. 68, s Application for review of remuneration or conditions of employment-( 1) Any service organisation whose members are affected may apply to the appropriate employing authority for a review of any matter prescribed or deemed to be prescribed in a determination or Tribunal order under this Act in relation to any class or classes of employees in the State services at any time after the expiration of ten months from the date on which any determination (other than an amending determination) made by the employing authority under this Act or any order issued by the Tribunal under this Act (being a determination or order that relates to that matter and affects the said class or any of the said classes) comes into force. (2) On receipt of any such application, the employing authority shall, in such manner as may be determined by the

18 652 State Services Remuneration and Conditions 1969, No. 64 State Services Co-ordinating Committee, ascertain whether in the opinion of that Committee the application will significantly affect more than one branch of the State services, and if in the opinion of the State Services Co-ordinating Committee the application will significantly affect more than one branch of the State services, it may direct that any negotiations with the service organisation shall be undertaken by the Committee or a subcommittee thereof. Every such direction shall be given within one month after the date of the receipt by the employing authority of the application to which the direction relates. (3) Any decision of the State Services Co-ordinating Committee made under subsection (2) of this section that in its opinion a matter significantly affects more than one employing authority may be reviewed by the appropriate Single Service Tribunal in accordance with this Act on an application made by any service organisation whose members are affected thereby within two months after it is advised thereof. ( 4) In any case where- (a) No offer to negotiate in respect of an application for a determination relating to a single service matter is made by the employing authority within two months after it receives the application; or (b) No offer to negotiate in respect of an application for a determination which in the opinion of the State Services Co-ordinating Committee will significantly affect more than one branch of the State services is made by the State Services Co-ordinating Committee or any subcommittee thereof within two months after the date on which the State Services Co-ordinating Committee has given directions as to negotiations under subsection (2) of this section, or within two months after the making of an order of a Single Service Tribunal on an application lodged under subsection (3) of this section; or (c) No determination is issued as a result of the application within two months after the date of the lodging of the application, or within two months after the making of an order of a Single Service Tribunal on an application lodged under subsection (3) of this section,- the application may be forwarded by the service organisation to the State Services Tribunal if it will significantly affect more than one branch of the State services, or otherwise to

19 1969, No. 64 State Services Remuneration and Conditions 653 the appropriate Single Service Tribunal, and in that event shall be deemed to be an application for an order of the Tribunal: Provided that, where the employing authority has made a determination following on the application of a service organisation, the service organisation may apply to the Tribunal for an order in respect of only those parts (if any) of its application to which the determination of the employing authority has not given full effect. Cf. 1962, No. 132, s. 41 (10) 21. Amending determinations-( 1) Subject to the provisions of this Act, an employing authority may at any time and from time to time during the currency of any determination or order made under this Act make determinations (in this Act called amending de terminations ) for all or any of the following purposes: (a) To amend the determination or Tribunal order for the purpose of remedying any defect therein or giving fuller effect thereto: (b) To amend the determination or Tribunal order for such purpose and in such manner as may be agreed in writing between the employing authority and every service organisation having any member affected by matters covered by the determination or order: (c) To amend the determination or Tribunal order for the purpose of conforming with any decision of the Government of New Zealand following on a recommendation to the Minister by the State Services Tribunal under subsection (4) of section 32, or by a Single Service Tribunal under subsection (4) of section 44, of this Act. (d) To amend the determination or Tribunal order in accordance with the provisions of section 24 of this Act relating to half-yearly reviews of remuneration: (e) To amend the determination or Tribunal order for the purpose of conforming with any decision of the Government of New Zealand that is conveyed to the employing authority in writing by the Minister, and arises from a recommend a tion of the Advisory Committee on Higher Salaries in the State Services or to make consequential adjustments to salary rates following any such decision.

20 654 State Services Remuneration and Conditions 1969, No. 64 (2) At any time within two months after the date of the publication of any amending determination made under paragraph (a), paragraph (b), paragraph (d), or paragraph (e) of subsection (1) of this section, any service organisation whose members are affected thereby may apply in writing to the State Services Tribunal if the application will significantly affect more than one branch of the State services, or to the appropriate Single Service Tribunal in any other case, for an order varying the amending determination, and the Tribunal shall have jurisdiction to hear and determine any such application, and may make such order as it thinks fit varying, confirming, or cancelling the amending determination. (3) Without restricting the foregoing provisions of this section, it is hereby declared that at any time within two months after the issue of any determination under this Act an employing authority may make an amending determination cancelling or varying the previous determination. (4) A determination issued under this Act may be revoked or amended after the expiration of one year from the date on which it came into force, but shall not be revoked or amended before the expiration of that year except as provided in this section. Cf. 1962, No. 132, s. 41A; 1965, No. 68, s Consolidating determinations-notwithstanding anything to the contrary in this Act, an employing authority may make determinations consolidating any existing determinations issued by that employing authority or orders issued by any Tribunal or both relating to staff under the control of that employing authority: Provided that, where a consolidating determination is so made, all limitations of time applicable under this Act to the making of any determination or to any matter ancillary thereto shall apply to every provision of the consolidating determination in all respects as if the consolidating determination had not been made. Cf. 1962, No. 132, s. 41B; 1965, No. 68, s Conciliation-( 1) At the request of any party to any matter or proceedings relating to a determination in respect of which an application has been made to the State Services Tribunal or any Single Service Tribunal under this Act, the Minister shall appoint a conciliator whose duty it shall

21 1969, No. 64 State Services Remuneration and Conditions 655 be to assist the service organisation and the employing authority to reach agreement on the subject matter of the application. (2) Every such request for the appointment of a conciliator shall be lodged with the Minister before any order arising out of the application and relating to the matters covered by the application is issued by the Tribunal. (3) The conciliator shall appoint a day and place for the conciliation proceedings, and shall, in the prescribed manner, direct the service organisation and the employing authority to attend. (4) Subject to the provisions of this Act and of any regulations made under this Act, the conciliation proceedings shall be conducted in such manner as the conciliator thinks fit. (5) At the conclusion of the proceedings or when the conciliator is satisfied that further progress is unlikely, he shail- ( a) Report in writing to the Tribunal the result of the proceedings, including such recommendations as he may think fit regarding matters not the subject of agreement during conciliation: (b) Forward with his report a statement signed by the parties and himself of the matters upon which agreement has been reached: (c) Give copies of the report and statement to the employing authority and the service organisation. (6) Nothing in this section shall in any way affect the rights of any party in any application to or proceedings before the Tribunal in relation to the subject matter of the conciliation. (7) Nothing in this section shall operate to restriot consultation or discussion at any time between the parties to any matter by agreement of the parties. No such consultation or discussion shall prevent or influence any formal proceedings or hearings under this Act, except as may be agreed by the parties. Pay Adjustment and Review 24. Half-yearly reviews-( 1) The salary rates or scales of salary rates or wage rates or scales of wage rates (hereinafter referred to as "pay scales") in the State services shall be reviewed as at April and October of each year, and the

22 656 State Services Remuneration and Conditions 1969, No. 64 employing authority shall make such adjustments in those pay scales as it considers necessary to reflect the movement in pay scales outside the State services: Provided that any adjustment in pay scales under this section shall not take into account the criteria prescribed in section 6 of this Act. (2) Notwithstanding the foregoing provisions of this section, interim adjustments may be made at times other than April or October of each year following any general order of the Court of Arbitration made under the General Wage Orders Act 1969, to the extent that it may be agreed between the employing authority and the service organisations consulted under subsection (6) of this section that the general order has been applied generally outside the State services, or in default of agreement as may be decided by the employing authority. (3) Any movement in pay scales outside the State services shall be ascertained by obtaining, from the half-yearly survey conducted by the Department of Labour, the average weekly ordinary time earnings outside the State services: Provided that for the purpose of ascertaining the said average weekly ordinary time earnings- ( a) The income of persons employed in public corporations and local authorities shall be excluded from the survey; and (b) The employing authority shall have regard to any report on the survey which may be made for this purpose by the Government Statistician. (4) No adjustment shall be made under this section in pay scales of employees in the State services unless the survey, taken in conjunction with all other surveys since the last adjustment, discloses a movement in the said average weekly ordinary time earnings since the last adjustment equal to or greater than half of one percent. (5) Any adjustment to the pay scales of employees in the State services made under this section as a result of any halfyearly survey shall be applied as a percentage of the pay scales in the State services: Provided that where a review of salaries under this section is made in the same half year as a review under section 16 of this Act no adjustment shall be made to the salaries payable to those persons who occupy positions specifically excluded by the Minister (by notice in the Gazette) from Parts IT, HI, and IV of this Act.

23 1969, No. 64 State Services Remuneration and Conditions 657 (6) After the results of each survey have been obtained, and following any general wage order of the Court of Arbitration made under the General Wage Orders Act 1969, the employing authority shall consult with the service organisations affected thereby- (a) Before applying the results of the survey to pay scales in the State services; and (b ) For the purposes of subsection (2) of this section. (7) Without restricting any other power conferred on it by this Act or any other Act, it is hereby declared that an employing authority may, and if so directed by the State Services Co-ordina:ting Committee shall, for the purposes of this section, issue a determination to come into force on such date as may be specified therein (being the date of the determination or any other date, whether before or after the date of the determination) making such adjustments in the pay scales in the State services as may be required to ensure that employees in the State services are not at a disadvantage compared with persons employed outside the State services by reason of movements in pay scales outside the State services that have taken place since the date of the last survey. (8) Any service organisation that is consulted or en titled to be consulted in accordance with subsection (6) of this section- (a) May apply to the State Services Tribunal in accordance with this Act for an order varying any such determination on the grounds that the employing authority has not given effect to the provisions of this section: (b) May, if an employing authority does not issue a determination to give effect to the provisions of subsection (2) of this section within three months of the date on which any general order of the Court of Arbitration takes effect, lodge with the State Services Tribunal a claim in accordanc~ with this section based on the application generally of the general order outside the State services, and may apply for an order confirming the claim: (c) May, if an employing authority does not issue a determination in accordance with subsection (7) of this section within three months after,the half-yearly survey has been carried out, lodge with the State Services Tribunal a claim in accordance with this

24 658 State Services Remuneration and Conditions 1969, No. 64 section based on the evidence disclosed by the halfyearly survey, and may apply for an order confirming the claim. (9) Every such claim shall specify the adjustment in pay scales in the State services which are claimed on the basis of the general order or the half-yearly survey, and the date on which it is desired that the adjustments shall become effective. Cf. 1962, No. 132, s. 42 (7)-(9) 25. Pay Research Unit-(1) A Pay Research Unit shall be established in the Department of Statistics. (2) The Pay Research Unit shall operate under such rules as may be agreed between the State Services Co-ordinating Committee and the service organisations whose members are likely to be affected thereby, or failing agreement, as prescribed by the Minister after consultation with the service organisations. 26. Specific reviews of remuneration-( 1) Every employing authority shall, in addition to the reviews under section 24 of this Act, be responsible for reviewing the remuneration and conditions of employment of occupational classes or groups under its control to ascertain whether or not there is need to adjust Ithe salary scale or grading pattern or conditions of employment of any occupational class or group. (2) When carrying out any review under this section the employing authority may have regard to a report from the Pay Research Unit or other agreed survey when applying the criteria set out in section 6 of this Act. (3) When the results of a specific review conducted under this section are available, even though negotiations about the application of those results to the specific occupational class have not been completed, adjustments in accordance with section 24 of this Act shall be withheld from the occupational class or group concerned until they can be applied as part of any new rates of remuneration determined as a result of the specific review: Provided that the adjustments shall then be applied having regard to the provisions of subsection (7) of section 24 of this Act. PART III STATE SERVICES TRIBUNAL 27. State Services Tribunal-( 1) There is hereby established a Tribunal to be known as the State Services Tribunal.

25 1969, No. 64 State Services Remuneration and Conditions 659 (2) The State Services Tribunal shall consist of three persons who shall be appointed by the Governor-General in Council on the recommendation of the Minister, and of whom,- ( a) One, who shall be the Chairman of the Tribunal, shall be a Judge or an additional Judge of the Court of Arbitration, whose appointment as Chairman of the Tribunal is agreed upon by the Minister and the service organisations for the whole of the State services, or in default of agreement is recommended by the Minister: (b) One shall be appointed as the official member: (c) One shall be appointed on the joint nomination of the service organisations or, in default of a joint nomination, after consultation by the Minister with each of the service organisations: Provided that a nomination made by the service organisations under such system of voting as may be agreed to by the service organisations, or, in default of any such agreement as may be prescribed, shall be deemed to be the joint nomination of the service organisations. ( 3) Except as provided in subsection (4) of this section, every member of the State Services Tribunal shall hold office for a term not exceeding three years, but may from time to time be reappointed or may be at any time removed from office by the Governor-General in Council for disability, bankruptcy, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister. (4) If any member of the State Services Tribunal dies, or is removed from office, or resigns, the vacancy so created shall be filled by the appointment, in the manner prescribed by subsection (2) of this section for appointment to the vacant office, of some person qualified for that office. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed. ( 5) Unless he sooner vacates his office as provided in subsection (4) of this section, every member of the State Services Tribunal shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired. (6) The powers of the State Services Tribunal shall not be affected by any vacancy in the membership of the Tribunal.

26 660 State Services Remuneration and Conditions 1969, No. 64 (7) The presence of the Chairman and of at least one other member entitled to be present shall be necessary to constitute a sitting of the State Services Tribunal. (8) The decision of a majority of the members present at a sitting of the State Services Tribunal shall be the decision of the Tribunal. If the members present are equally divided in opinion, the decision of the Chairman shall be the decision of the Tribunal. Cf. 1965,~0.69,s Deputies of Chairman or members of State Services Tribunal-( 1) In the event of the incapacity of the Chairman or any other member of the State Services Tribunal by reason of illness or absence or any other cause, the Governor-General in Council may, in the manner prescribed by section 27 of this Act for appointments to the office concerned, appoint some other person qualified for appointment to that office to act in the place of the Chairman or other member. Every person so appointed shall, while the incapacity continues, be deemed for all purposes to be the Chairman or other member of the Tribunal, as the case may be. (2) No appointment of a deputy and no acts done by him as such, and no acts done by the State Services Tribunal while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased. CL 1965, No. 69, s State Services Tribunal to be a Commission of Inquiry-(1 ) For the purposes of carrying out its functions under this Act, the State Services Tribunal shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act and of any rules or regulations made under this Act, all the provisions of that Act except sections 11 and 12 (which relate to costs) shall apply accordingly. (2) The Chairman of the State Services Tribunal or any other person purporting to act by direction or with the authority of the Chairman, may issue summonses requiring the attendance of witnesses before the Tribunal or the production of documents, or may do any other act preliminary or incidental to the hearing of any application or other matter by the Tribunal. Cf. 1965, No. 69, s. 7

27 1969, No. 64 State Services Remuneration and Conditions Assessors-( 1) For the purpose of assisting ID the determination of any matter before the State Services Tribunal, the applicant (or the applicants jointly if there are more than one) may appoint one assessor, and the respondent (or the respondents jointly if there are more than one) may appoint one assessor. (2) No person shall be qualified to be an assessor unless he is employed in or has retired from the State services or is a servant or member, or a former servant or member, of a service organisation. (3) The assessors appointed in respect of any application shall be deemed to be members of the Tribunal for the purposes of the hearing and determination of that application. (4) The Tribunal's powers in relation to any application shall not be affected by any failure to appoint an assessor or by the absence of any assessor. 31. Applications to a Tribunal-An application to a Tribunal under this Act shall be made to the State Services Tribunal in any case where it will significantly affect more than one branch of the State services; and where a Single Service Tribunal by order directs that an application under subsection (5) of section 19, subsection (3) or subsection (4) of section 20, or subsection (2) of section 21, of this Act is an application which will significantly affect more than one branch of the State services, the application shall be deemed to have been made to the State Services Tribunal under this Part of this Act. Cf. 1962, No. 132, s. 41 (9); 1965, No. 68, s Powers of State Services Tribunal-( 1) The State Services Tribunal shall, subject to the limitations and provisions specified in this Act, have power to hear and determine any application made or referred to it under subsection (5) of section 19, or subsection (4) of section 20, or subsection (2) of section 21, or subsection (8) of section 24, of this Act. (2) Any determination of an employing authority shall continue in force notwithstanding the lodgment of an application in respect of that determination with the State Services Tribunal, and shall remain in force until varied by an order of a Tribunal or a subsequent determination. (3) In exercising its functions in terms of this section, the State Services Tribunal shall have regard to all the matters to which any employing authority is directed to have regard

28 662 State Services Remuneration and Conditions 1969, No. 64 under the provisions of this Act when making the determination in respect of which the application has been lodged with the Tribunal. (4) The maximum salary that the State Services Tribunal may by order prescribe shall be fixed from time to time by Order in Council; and any such Order in Council shall come into force on the date of the Order in Council or on a date to be specified therein in that behalf, whether before or after the date of the Order in Council. In any case where an application is made or referred to the State Services Tribunal and the Tribunal is prevented from prescribing pursuant to the application a rate or rates of salary which it thinks appropriate because the rate or rates would exceed the maximum fixed by Order in Council under this subsection, the Tribunal shall have power to make a recommendation to the Minister regarding the rate or rates of salary. (5) In determining any application in respeot of which it may issue an order, the State Services Tribunal may confirm, modify, or cancel the decision of the employing authority which is the subject of the application. Cf. 1965, No. 69, s Applications-( 1) Any application made pursuant to section 32 of this Act shall be in writing in accordance with the provisions of this Act, and shall be invalid unless the provisions of this Act in respect of the making of applications to the State Services Tribunal have first been complied with. (2) Any application under this section shall be deemed to be made on the day on which it is lodged with the State Services Tribunal. (3) Every application under this section shall name the applicant,the employing authority, the occupational class or group involved (if any), and the type of order required, and shall contain a detailed statemeillt of the claims made by the applicant. (4) Immediately the application is lodged with the State Services Tribunal, the secretary to that Tribunal shall deliver to the State Services Co-ordinating Committee, and to the employing authority or to each employing authority if there are two or more, and to every service organisation as defined in this Act, whether or not the service organisation is affected by such an application, a copy of the application bearing a

29 1969, No. 64 State Services Remuneration and Conditions 663 date stamp of the Tribunal, so as to verify it as being a copy of an application lodged with the Tribunal and to indicate the date on which it was received. (5) Subject to the provisions of any rules or regulations made under this Act, an applicant under this Act may amend its application at any time. Cf. 1965, No. 69, s Hearings of the State Services Tribunal-( 1) At any time after the expiration of one month from the date of the receipt of any application, the State Services Tribunal shall appoint a day and place for the hearing of the application, and shall notify the applicant, the employing authority, and the State Services Co-ordinating Committee, of the day and place so appointed. (2) The State Services Tribunal may adjourn the hearing of any application from time to time and from place to place. (3) All applications to the State Services Tribunal shall be heard in public unless the Tribunal in any particular case, due regard being had to the interests of all persons concerned and to the public interest, considers that the hearing or any part thereof should take place in private. (4) At the hearing of any application the State Services Tribunal shall hear all evidence tendered and representations made by or on behalf of the applicant, any other service organisation, and other persons which it considers relevant to the subject-matter of the application, save that at any time during the hearing it may decide not to receive further evidence or representations. (5) At the hearing of any application the employing authority shall be represented and shall, subsequent to the presentation of evidence by the applicant, furnish to the State Services Tribunal reasons for the decision appealed against in the application and all available evidence on which that decision was based. The State Services Co-ordinating Committee and any other employing authority may be represented and call evidence relating to the application. (6) At any hearing the State Services Tribunal may receive such evidence as it thinks fit and receive any statement, document, information, or matter which in the opinion of the Tribunal may assist it to deal with the matters before it, whether or not the same would be admissible in a court of law.

30 664 State Services Remuneration and Conditions 1969, No. 64 (7) At the hearing by the State Services Tribunal of any application, the applicant, the State Services Co-ordinating Committee, any employing authority, and any service organisation, may be represented by an advocate or advocates. No person shall be an advocate unless he is employed in the State services or is an officer or servant of a service organisation: Provided that a party to any proceedings may be represented by a barrister or solicitor- ( a) Where any question of law arises; or (b) On an application for an order pursuant to section 36 of this Act to interpret the provisions of an order or detennina tion; or ( c) With the consent of all the parties in any other case. (8) Subject to the provisions of this Act and of any rules or regulations made under this Act, the State Services Tribunal may regulate its procedure in such manner as it thinks fit, and for this purpose may make such rules as it considers appropriate. (9) Proceedings before the State Services Tribunal shall not be held bad for want of form. Cf. 1965, No. 69, s Orders of the State Services TribunaI-( 1) The State Services Tribunal shall issue its decision in the form of orders, which shall be signed by the Chairman. (2) Any order issued by the State Services Tribunal shall apply only to the branch of the State services under the jurisdiction of the employing authority which made or refused to make the determination which was the subject of the application, unless the Tribunal orders or directs th'at the order shall have wider application within the State services. (3) Every order made by the State Services Tribunal shall either be published in the Gazette or be notified by the sending of a copy of the order to the State Services Co-ordinating Committee and to every employing authority and every service organisation, whether or not they were parties to the application. Every such publication or notification shall include any dissenting opinion given by any member of the Tribunal. (4) Every order made by the State Services Tribunal in accordance with this Act shall be binding on- (a) The employing authority which made the determination in respect of which the application was lodged; and

31 1969, No. 64 State Services Remuneration and Conditions 665 (b) If the Tribunal so orders, any other employing authority; and (c) Every Hospital Board in the case of an order affecting the Hospital service; and ( d) Every employee whom the order purports to affect, whether or not any such employee is a member of any service organisation. ( 5) Any order or provisi:on of an order may be made by the State Services Tribunal so as to come into force on the day to be specified in that behalf in the order, being the date of the order or any other date, whether before or after the date of the order. (6) Every order of the State Services Tribunal, and every provision of any such order, in respect of which no date is specified as aforesaid shall come into force on the date of the order. (7) No order made by the State Services Tribunal shall be deemed invalid on the ground that it delegates to, or confers on, the employing authority or any other person any discretionary authority. Cf. 1965, No. 69, s Power of State Services Tribunal to interpret orders and determinations-( 1) The State Services Tribunal may from time to time during the currency of any order or determination, on the application of a service organisation or an employing authority, make an order for the purpose of interpreting the provisions of the order or determination. (2) Every applicant under this section shall, at the time of lodging the application with the State Services Tribunal, deliver a copy of his application to all service organisations and to the State Services Co-ordinating Committee and to the employing authorities that will be affected by the order; and every such service organisation, the State Services Co-ordinating Committee, and every such employing authority shall have one month from the date of the delivery of the copy of the application to it in which to lodge any statement with the Tribunal commenting on the application. (3) The State Services Tribunal may, with the consent of the parties to any application made under this section, determine the application on the papers without hearing. (4) All orders made by the State Services Tribunal pursuant to this section shall be published or notified as provided by section 35 of this Act. CL 1965, No. 69, s. 16

32 666 State Services Remuneration and Conditions 1969, No. 64 PART IV SINGLE SERVICE TRIBUNALS 37. Government Service Tribunal-( 1) There shall be a tribunal to be known as the Government Service Tribunal, which shall have jurisdiction in relation to the Public Service, the Education service, and any other branch of the State services, except the Post Office, in respect of which no other Single Service Tribunal has jurisdiction. (2) Subject to the provisions of subsection (3) of section 43 of this Act, the Government Service Tribunal shall consist of three persons who shall be appointed by the Governor General in Council on the recommendation of the Minister, and of whom,- (a) One, who shall be the Chairman of the Government Service Tribunal, shall be the Chairman of the State Services Tribunal: (b) One shall be appointed as the official member: ( c) One shall be appointed on the joint nomination of the service organisations or, in default of a joint nomination, after consultation by the Minister with each of the said service organisations: Provided that a nomination made by the service organisations under such system of voting as may be agreed to by the said service organisations, or in default of any such agreement, as may be prescribed, shall be deemed to be the joint nomination of the said service organisations. (3) Any member of the Government Service Tribunal established under the Government Service Tribunal Act 1965 who holds office at the commencement of this Act shall be deemed to have been appointed to the Government Service Tribunal under the provisions of this Act for the balance of the term for which he was originally appointed. Cf. 1965, No. 69, s. 3 (1), (2) 38. Government Railways Industrial Tribunal-( 1 ) There shall be a tribunal to be known as the Government Railways Industrial Tribunal, which shall have jurisdiction in relation to the New Zealand Government Railways Department. (2) Subject to the provisions of subsection (3) of section 43 of this Act, the Government Railways Industrial Tribunal shall consist of three persons (not being employees of the New

33 1969, No. 64 State Services Remuneration and Conditions 667 Zealand Government Railways Department or of any service organisation for that Department) who shall be appointed by the Governor-General in Council on the recommendation of the Minister of Railways and of whom,- (a) One, who shall be the Chairman of the Government Railways Industrial Tribunal, shall be the Chairman of the State Services Tribunal: (b) One shall be appointed on the joint nomination of the said service organisations or, in default of a joint nomination, shall be selected by the Minister of Railways after consultation with each of those service organisations: ( c) One shall be appointed as the official member. (3) Any member of the Government Railways Industrial Tribunal established under the Government Railways Act 1949 who holds office at the commencement of this Act shall be deemed to have been appointed to the Government Railways Industrial Tribunal under the provisions of this Act for the balance of the term for which he was originally appointed. 39. Hospital Service Tribunal-( 1) There is hereby established a tribunal to be known as the Hospital Service Tribunal, which shall have jurisdiction in relation to the Hospital service. (2) Subject to the provisions of subsection (3) of section 43 of this Act, the Hospital Service Tribunal shall consist of three persons who shall be appointed by the Governor General in Council on the recommendation of the Minister of Health, and of whom,- (a) One, who shall be the Chairman of the Hospital Service Tribunal, shall be the Chairman of the State Services Tribunal: (b) One shall be appointed as the official member: ( c) One shall be appointed on the joint nomination of the service organisations for the Hospital service or, in default of a joint nomination, after consultation with each of those service organisations: Provided that a nomination made by those service organisations under such system of voting as may be agreed to by those service organisations, or, in default of agreement, as may be prescribed, shall be deemed to be the joint nomination of those service organisa tions.

34 668 State Services Remuneration and Conditions 1969, No. 64 Provisions Applicable to All Single Service Tribunals 40. Tenn of office, vacancies, and decisions-( 1) Except as. provided in subsection (2) of this section, every member of a Single Service Tribunal shall be appointed for a term not exceeding three years, but may from time to time be reappointed, or may be at any time removed from office by the Governor-General in Council for disability, insolvency~ neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister on whose recommendation he was appointed. (2) If any member of a Single Service Tribunal dies, or is removed from office, or resigns, the vacancy so created shall be filled by the appointment, in the manner prescribed by this Act for appointment to the vacant office, of some person qualified for that office. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed. (3) Unless he sooner vacates his office as provided in subsection (2) of this section, every member of a Single Service Tribunal shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired. (4) The powers of a Single Service Tribunal shall not be affected by any vacancy in the membership of the Tribunal. ( 5) The presence of the Chairman and of at least one other member entitled to be present shall be necessary to constitute a sitting of a Single Service Tribunal. (6) The decision of a majority of the members present at a sitting of a Single Service Tribunal shall be the decision of the Tribunal. If the members present are equally divided in opinion, the decision of the Chairman shall be the decision of the Tribunal. Cf. 1965, No. 69, s. 3 (3)-(8) 41. Deputies of members of a Single Service Tribunal ( 1) In the event of the incapacity of any member of a Single Service Tribunal by reason of illness or absence or any other cause, the Governor-General in Council may, in the manner prescribed by this Act for appointments to the office concerned, appoint some other person qualified for appointment to that office to act in the place of the member. Every person so appointed shall, while the incapacity continues, be deemed for all purposes to be the member of the Tribunal.

35 1969, No. 64 State Services Remuneration and Conditions 669 (2) No appointment of a deputy and no acts done by him as such, and no acts done by a Single Service Tribunal while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased. Cf. 1965, No. 69, s Single Service Tribunals to be Commissions of Inquiry-( 1) For the purpose of carrying out its functions under this Act, every Single Service Tribunal shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and, subject to the provisions of this Act and of any rules or regulations made under this Act, all the provisions of that Act except sections 11 and 12 (which relate to costs) shall apply accordingly. (2) The Chairman of a Single Service Tribunal, or any other person purporting to act by direction or with the authority of the Chairman, may issue summonses requiring the attendance of witnesses before the Tribunal or the production of documents, or may do any other act preliminary or incidental to the hearing of any application or other matter by the Tribunal. Cf. 1965, No. 69,s Assessors-( 1) For the purposes of assisting in the determination of any matter before a Single Service Tribunal the applicant (or the applicants jointly if there are two or more) may appoint one assessor, and the respondent (or the respondents jointly if there are two or more) may appoint one assessor. (2 ) No person shall be qualified to be appointed to be an assessor unless he is employed in or retired from the State services or is an officer or employee or a retired officer or employee of a service organisation. (3) The assessors appointed in respect of any application shall be deemed to be members of the Tribunal for the purposes of the hearing and determination of that application. (4) The Tribunal's powers in relation to any application shall not be affected by any failure to appoint an assessor or by the absence of any assessor. Cf. 1965, No. 69, s. 8

36 670 State Services Remuneration and Conditions 1969, No Powers of Single Service Tribunals-( 1) Every Single Service Tribunal shall, subject to the limitations and provisions prescribed in this Act, have power to hear and determine any application made to it in terms of subsection ( 5) of section 19, subsection (3) or subsection (4) of section 20, or subsection (2 ) of section 21, of this Act; and the Government Service Tribunal shall also have power to hear and determine any application made to it in terms of subsection (9) or subsection (10 ) of section 41 of the S ta te Services Act (2) Any determination of an employing authority shall continue in force notwithstanding the lodgment of an application in respect of that determination with a Single Service Tribunal, and shall remain in force until varied by an order of a Tribunal or a subsequent determination. (3) In exercising its functions in terms of this section, the Single Service Tribunal shall have regard to all the matters to which any employing authority is directed to have regard under the provisions of this Act when making the determination in respect of which the application has been lodged with the Tribunal. (4) The maximum salary that a Single Service Tribunal may by order prescribe shall be fixed from time to time by Order in Council; and any such Order in Council shall come into force on the date of the Order in Council or on a date to be specified therein in that behalf, whether before or after the date of the Order in Council. In any case where an application is made to a Single Service Tribunal and the Tribunal is prevented from prescribing pursuant to the application a rate or rates of salary which it thinks appropriate because the rate or rates would exceed the maximum fixed by Order in Council under this subsection, the Tribunal shall have power to make a recommendation to the Minister regarding the rate or rates of salary. (5) In determining any application in respect of which it may issue an order, a Single Service Tribunal may confirm, modify, or cancel the decision of the employing authority which is the subject of the application. Cf. 1965, No. 69, s Applications-(1) Any application to a Single Service Tribunal made pursuant to this Part of this Act shall be in writing in accordance with the provisions of this Act, and shall

37 1969, No. 64 State Services Remuneration and Conditions 671 be invalid unless the provisions of this Act in respect of the making of applications to the Tribunal have been first complied with. (2) An application under this section shall be deemed to be made on the day on which it is lodged with the Single Service Tribunal. (3) Every application under this section shall name the applicant, the employing authority, the occupational class or group involved, and the type of order required, and shall contain a detailed statement of the claims made by the applicant. (4) The applicant shall, immediately the application is lodged with the Single Service Tribunal, deliver a copy to the State Services Co-ordinating Committee and to the employing authority or each employing authority if there are two or more, and to any service organisation whose members may be affected. (5) In the case of an application lodged with a Single Service Tribunal under subsection (5) of section 19, subsection (4) of section 20, or subsection (2) of section 21 of this Act, the State Services Co-ordinating Committee or any employing authority shall, within one month after the lodging of the application, lodge a statement with the Tribunal if it is of the opinion that the application will significantly affect more than one branch of the State services and should be referred to the State Services Tribunal. The State Services Co-ordinating Committee or any employing authority shall, immediately such a statement is lodged, deliver a copy of the statement to the applicant and to any service organisation whose members may be affected. (6) Subject to the provisions of any rules or regulations made under this Act, an applicant under this Act may amend its application, and the State Services Co-ordinating Committee or any employing authority may amend its statement lodged under subsection (5) of this section at any time. Cf. 1965, No. 69, s Hearings of a Single Service Tribunal-(1) At any time after the expiration of one calendar month from the date of the receipt by a Single Service Tribunal of any application, the Tribunal shall appoint a day and place for the hearing of the application, and shall notify the applicant and the employing authority. In the case of any application

38 672 State Services Remuneration and Conditions 1969, No. 64 in respect of which the Single Service Tribunal is required to determine whether it will significantly affect more than one branch of the State services, the Tribunal shall also notify the State Services Co-ordinating Committee and any other employing authority which has lodged a statement under subsection (5) of section 45 of this Act, and also any service organisation whose members may be affected. (2) A Single Service Tribunal may adjourn the hearing of any application from time to time and from place to place. (3) All applications to a Single Service Tribunal shall be heard in public unless the Tribunal in any particular case, due regard being had to the interests of all persons concerned and to the public interest, considers that the hearing or any part thereof should take place in private. ( 4) At the hearing of any application in respect of which the Single Service Tribunal is required to determine whether it will significantly affect more than one branch of the State services, in addition to the employing authority and the service organisation directly involved, the State Services Co-ordinating Committee, any other employing authority, and any other service organisation whose members may be affected may be represented. The State Services Co-ordinating Committee in respect of a decision under subsection (2) of section 20 of this Act, and the State Services Co-ordinating Committee or any employing authority, as the case may be, in respect of a statement under subsection (5) of section 45 of this Act, shall furnish to the Tribunal all available information on which the decision was made or statement lodged. (5) At the hearing of any application by a Single Service Tribunal, the Tribunal shall hear all evidence tendered and representations made by or on behalf of the applicant and other persons which it considers relevant to the subject-matter of the application, save that at any time during the hearing it may decide not to receive further evidence or representations. With the leave of the Tribunal, any other service organisation representing employees in the same branch of the State services may be represented. (6) Where the application is made under subsection (3) of section 20 of this Act, or where in the case of any other application, the State Services Co-ordinating Committee or any employing authority has lodged a statement with a Single Service Tribunal that in its opinion the application will significantly affect more than one branch of the State services and should be referred to the State Services Tribunal, and the

39 1969, No. 64 State Services Remuneration and Conditions 673 Single Service Tribunal by order directs that the application should be so referred to the State Services Tribunal, the application shall be deemed to have been made to the State Services Tribunal under Part III of this Act. (7) At the hearing of any application by a Single Service Tribunal the employing authority shall be represented and shall, subsequent to the presentation of evidence by the applicant, furnish to the Tribunal reasons for the decision appealed against in the application and all available evidence on which that decision was based. (8) At any hearing by a Single Service Tribunal, the Tribunal may receive such evidence as it thinks fit and receive any statement, document, information, or matter which in the opinion of the Tribunal may assist it to deal with the matters before it, whether or not the same would be admissible in a court of law. (9) At the hearing by a Single Service Tribunal the State Services Co-ordinating Committee and any employing authority or service organisation entitled to appear may be represented by an advocate or advocates. No person shall be an advocate unless he is employed in the State services or is an officer or servant of a service organisation: Provided that a party to any proceedings may be represented by a barrister or solicitor- (a) Where any question of law arises; or (b) On an application for an order pursuant to section 48 of this Act to interpret the provisions of an order or determination; or (c) With the consent of all the parties in any other case. (10) Subject to the provisions of this Act and of any rules or regulations made under this Act, a Single Service Tribunal may regulate its procedure in such manner as it thinks fit, and for this purpose may make such rules as it considers appropriate. ( 11 ) Proceedings before the Tribunal shall not be held bad for want of form. Cf. 1965, No. 69,s Orders of a Single Service Tribunal-(l) A Single Service Tribunal shall issue its decision in the form of orders, which shall be signed by the Chairman. A-23

40 674 State Services Remuneration and Conditions 1969, No 64 (2) Any order issued by a Single Service Tribunal shall apply only to the branch of the State services under the jurisdiction of the employing authority which made or refused to make the determination which was the subject of the application. (3) Every order made by a Single Service Tribunal shall either be published in the Gazette or be notified by the sending of a copy of the order to the State Services Co-ordinating Committee and to every employing authority and every service organisation, whether or not they were parties to the application. (4) Every order made by a Single Service Tribunal in accordance with this Act shall be binding on- (a) The employing authority which made the determination in respect of which the application was lodged; and (b) Every Hospital Board in the case of an order by the Hospital Service Tribunal; and ( c) Every employee whom the order purports to affect, whether or not any such employee is a member of any service organisation. (5) Any order or provision of an order may be made by the Tribunal so as to come into force on the day to be specified in that behalf in the order, being the date of the order or any other date whether before or after the date of the order. (6) Every order of a Single Service Tribunal, and every provision of any such order in respect of which no date is specified as aforesaid, shall come into force on the date of the order. (7) No order made by a Single Service Tribunal shall be deemed invalid on the ground that it delegates to, or confers on, the employing authority or any other person any discretionary authority. Cf. 1965, No. 69, s Power of Single Service Tribunal to interpret orders and detenninations-( 1 ) The appropriate Single Service Tribunal may from time to time during the currency of any order made by it or any determination, on the application of a service organisation any of whose members are affected or of the employing authority for any of those members, make an order for the purpose of interpreting the provisions of the order or determination.

41 1969, No. 64 State Services Remuneration and Conditions 675 (2) Every applicant under this section shall, at the time of lodging the application with the Tribunal, deliver a copy of his application to the service organisation (if any) and to the State Services Co-ordinating Committee and to the employing authorities that will be affected by the order; and every such service organisation, the State Services Co-ordinating Committee, and every such employing authority shall have one month from the date of the delivery of the copy of the application to it in which to lodge any statement with the Tribunal commenting on the application. (3) The Tribunal may, with the consent of the parties to any application made under this section, determine the application on the papers without hearing. (4) All orders made by the Tribunal pursuant to this section shall be published or notified as provided by section 47 of this Act. Cf. 1965, No. 69, s. 16 PART V MISCELLANEOUS PROVISIONS 49. Attempts to influence improperly the decision of a Tribunal-( 1) No person shall in any manner attempt to influence a Tribunal or any member of a Tribunal in respect of any matter within the functions of the Tribunal. (2) Nothing in this section shall be so construed as to prohibit any person from giving information or advice or making representations with respect to any such matter at the request or invitation of a Tribunal or as an assessor or as an advocate or witness before a Tribunal. (3) Every person who acts in contravention of the provisions of this section commits an offence, and is liable on summary conviction to a fine not exceeding two hundred dollars. Cf. 1965, No. 69, 'S Services for Tribunals-The Department of Labour shall furnish such secretarial, recording, and clerical services as may be necessary to enable the Tribunals to discharge their functions. Cf. 1965, No. 69, s. 6 A-23*

42 676 State Services Remuneration and Conditions 1969, No Employment. 51. Service rights and superannuation rights of members of TribunaIs-( 1) In the event of any person being appointed to be a member of a Tribunal while he is an officer of or is employed in any branch of the State services, he shall, on the termination of his service as a member of a Tribunal, have the same rights in relmion to employment in the State services as if his service as a member of a Tribunal had been service in the branch of the State services in which he was so employed immediately before his appointment as a member of a Tribunal. (2) In the event of any person being appointed to be a member of a Tribunal while he is a contributor to the Government Superannuation Fund under Part II of the Superannuation Act 1956, or a contributing employee under a superannuation scheme under Part III of the National Provident Fund Act 1950, his service as a member of a Tribunal shall be deemed for the purposes of the Superannuation Act 1956, or the National Provident Fund Act 1950, as the case may be, to be employment in the Government service. (3) On the termination of the appointment of any such contributor as a member of a Tribunal (otherwise than by his removal from office under subsection (3) of section 27 or subsection (1) of section 40 of this Act), he shall, unless he is reappointed to that Tribunal or is appointed as a member of another Tribunal or is appointed to another office in the State services, or has declined to accept such reappointment or any such appointment as aforesaid, or has ceased to be a contributor to the Government Superannuation Fund or a contributing employee under a superannuation scheme under Part III of the National Provident Fund Act 1950, be entitled to receive from the Fund or under the scheme an annual retiring allowance for the rest of his life computed in the manner prescribed by Part II of the Superannuation Act 1956 or under the scheme, as the case may be, notwithstanding that he may not have attained the age or have had the length of service which would entitle him in accordance with the Superannuation Act 1956 or the scheme, as the case may be, to a retiring allowance. Cf. 1965, No. 69, s Excluding appeal in certain cases-notwithstanding anything to the contrary in any other enactment,-

43 1969, No. 64 State Services Remuneration and Conditions 677 (a) No person shall have any right of appeal to any Appeal Board against any determination of an employing authority in respect of which any service organisation is entitled to apply to a Tribunal under subsection (5) of section 19, subsection (4) of section 20, subsection (2) of section 21, or subsection (8) of section 24, of this Act: (b) Any Appeal Board constituted under any Act shall not have any jurisdiction to alter any scale of salary rates prescribed or determined under this Act. Cf. 1965, No. 69, s Fees and allowances-there shall be paid out of money appropriated by Parliament for the purpose to any person (not being an employee in the State services or of a service organisation) who is- ( a) Appointed as a member of a subcommittee of the State Services Co-ordinating Committee under section 9 of this Act; or (b) Appointed to the Hospital Service Committee under section 10 of this Act; or (c) Appointed to the Education Service Committee under section 11 of this Act; or ( d) Appointed to the Advisory Committee on Higher Salaries in the State Services under section 14 of this Act; or ( e) Appointed as a member or an assessor of a Tribunal under this Act; or (f) Appointed as a conciliator under section 23 of this Actremuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of [that Act shall apply as if the State Services Co-ordinating Committee and every subcommittee thereof, the Hospital Service Committee, the Education Service Committee, the Advisory Committee on Higher Salaries in the State Services, and each Tribunal were a statutory Board within the meaning of that Act, and as if each conciliator were a member of a statutory Board.

44 678 State Services Remuneration and Conditions 1969, No, Regulations-(1) The Governor-General may from time to time, by Order in Council, make regulations not inconsistent with the Act for all or any of the following purposes: ( a) Prescribing a system of voting by service organisations in respect of nominations under paragraph (c) of subsection (2) of section 27, paragraph (c) of subsection (2) of section 37, or paragraph (c) of subsection (2) of section 39, of this Act: (b) Providing for such matters as are contemplated by or necessary for giving effect to the provisions of this Act and for the due administration thereof. ( 2) Regulations made under this section shall come into force on a date to be specified therein in that behalf, whether before or after the date of the making of the regulations; and if no such date is specified shall come into force on the day after the date of the publication in the Gazette of a notification of the making of the regulations. 55. Consequential amendments to State Services Act 1962-( 1) Section 2 of the State Services Act 1962 is hereby consequentially amended by repealing the definitions of the terms "Public Service order", "wage worker determination", and "wage worker order". (2) Section 2 of the State Services Act 1962 is hereby further amended by repealing the definitions of the terms "Government Service Tribunal", "Minister", and "Public Service determination", and substituting the following definitions: " 'Government Service Tribunal' means the Government Service Tribunal established under the State Services Remuneration and Conditions Act 1969: " 'Minister' means the Minister of State Services: " 'Public Service determination' means a Public Service determination made under section 41 of this Act:". ( 3) Section 3 of the State Services Act 1962 is hereby amended by omitting from subsection (9) the words "appropriated by Parliament", and substituting the words "prescribed by Order in Council". (4) Section 41 of the State Services Act 1962 is hereby consequentially amended by repealing subsections (4) to (10), and substituting the following subsections:

45 1969, No. 64 State Services Remuneration and Conditions 679 " ( 4) The Commission shall subdivide each occupational class into grades according to its assessment of the relative levels of responsibility and skill which are or may be required to be exercised by officers and probationers of the occupational class, and shall prescribe a salary rate and a maximum salary rate and annual incremental steps for each grade in accordance with the provisions of the State Services Remuneration and Conditions Act " (8) The Commission shall exercise its power to prescribe occupational classes in accordance with subsections (2) and (3) of this section by issuing Public Service determinations; and every such determination shall be published in the Public Service Official Circular. Every such determination shall come into force on a date to be specified therein in that behalf, and such date may be before, the same as, or after the date on which the determination is made, and if no such date is specified the determination shall come into force on the day on which it is made. "(9) At any time within two months (or such extended time as the Commission may in any case notify in the Public Service Official Circular) after the date of the publication of any determination made under subsection (8) of this section, the New Zealand Public Service Association (Incorporated) or any service organisation whose members are affected by the determination, may apply to the Government Service Tribunal for an order varying the determination. " (10) Any service organisation whose members are affected may apply to the Commission for the establishment of an occupational class in accordance with subsections (2) and (3) of this section, or for a review of any matter specified in subsections (2) and (3) of this section relating to any occupational class at any time after the expiration of ten months from the date on which any Public Service determination or order issued by the Tribunal relating to that class comes into force; and if no determination is issued as a result of the application within two months after the date of the lodging of the application, the application may be forwarded to the Tribunal by the service organisation, and in that event shall be deemed to be an application under subsection (9) of this section for an order varying the determination or Tribunal order for the time being governing that occupational class: "Provided that, where the Commission has made a determination following on the application of a service organisation, the service organisation may apply to the Tribunal for

46 680 State Services Remuneration and Conditions 1969, No. 64 an order in respect of only those parts (if any) of its application to which the determination of the Commission has not given full effect." (5) Subsection (1) of section 44 of the State Services Act 1962 is hereby consequentially amended by repealing the provisos to paragraph (a), and substituting the following proviso: "Provided that any review of the salary scale or grading pat:tern of any occupational class and any adjustmeil!t necessary in that salary scale or grading pattern shall be carried out by the Commission in accordance with the provisions of the State Services Remuneration and Conditions Act 1969: ". (6) Section 45 of the State Services Act 1962 is hereby amended by adding to subsection (3) the following proviso: "Provided that the provisions of this subsection shall not apply to any officer who occupies a position specifically excluded by the Minister (by notice in the Gazette) from Parts II, Ill, and IV of the State Services Remuneration and Conditions Act 1969." (7) Section 46 of the State Services Act 1962 is hereby amended by adding to subsection (9) the following proviso: "Provided that the provisions of this subsection shall not apply to an application by any officer where the grading recommended by the Committee provides for a salary exceeding the maximum salary that the Commission may by determinajtion prescribe in accordance with the provisio:1s of subsection (1) of section 18 of the State Services Remuneration and Conditions Act 1969." (8) Section 49 of the State Services Act 1962 is hereby consequentially amended by repealing subsections (3) to (11), and substituting the following subsections: "( 3) The wage rates and conditions of employment of wage workers shall be prescribed by the Commission by determination in accordance with the provisions of the State Services Remuneration and Conditions Act "( 10) The Commission may issue such special instructions or prescribe such matters not inconsistent with the State Services Remuneration and Conditions Act 1969 as it thinks fit in respect of wage workers. "( 11) Nothing in this Act other than this section and sections 69, 72, 75, and 76 shall apply in respect of wage workers engaged pursuant to this section."

47 1969, No. 64 State Services Remuneration and Conditions 681 (9) Section 51 of the State Services Act 1962 is hereby consequentially amended by repealing subsection (1), and substituting the following subsection: " ( 1) The Commission may from time to time, by a determination in accordance with the State Services Remuneration and Conditions Act 1969, determine the minimum rates of remuneration for adult employees and for married employees or for any class or classes of them." ( 1 0) The following enactments are hereby consequentially repealed: (a) Part 11, sections 41A, 41B, 41c, and 42, and subsection (2) of section 43, of the State Services Act 1962: (b) Sections 2 and 4 of the State Services Amendment Act 1964: ( c) Sections 2 to 7 of the State Services Amendment Act 1965: (d) Section 2 of the State Services Amendment Act Consequential amendments to Government Railways Act 1949-( 1) Section 2 of the Government Railways Act 1949 is hereby consequentially amended by repealing the definitions of the terms "principal order" and "Tribunal". (2) Section 2 of the Government Railways Act 1949 is hereby further amended by omitting from the definition of the word "prescribed" the words "or by orders made by the Tribunal under this Act". (3) The Government Railways Act 1949 is hereby amended by omitting from subsection (1) of section 75 the words "with such classes, subclasses, grades, and sub grades, or any of them, as may from time to time be prescribed", and substituting the words "The General Manager may, in respect of employees in the department, after consultation with the service organisation concerned, make determinations fixing occupational classes, with such subclasses, grades, and sub grades or any of them as he may specify". ( 4) Section 120 of the Government Railways Act 1949 is hereby amended- (a) By omitting from paragraph (b) the words "administrative officers", and substituting the words "officers in a higher grade than Grade Special 7 of Class 3 of the 1953 classification": (b) By repealing paragraph (d).

48 682 State Services Remuneration and Conditions 1969, No. 64 (5) The following enactments are hereby consequentially repealed: (a) Sections 100 to 119 of the Government Railways Act 1949: (b) So much of the Second Schedule to the Fees and Travelling Allowances Act 1951 as relates to section 119 of the Government Railways Act 1949: ( c) So much of the Second Schedule to the Government Railways Amendment Act 1956 as relates to subsection (2) of section 100 of the Government Railways Act 1949: (d) The Government Railways Amendment Act (No. 2) Consequential amendments to Education Act ( 1) Section 149 of the Educa tion Act 1964 is hereby amended by repealing subsection (2), and substituting the following subsection: "(2) Persons appointed as teachers for special purposes under this section shall receive such salaries as may be determined in accordance with the provisions of the State Services Remuneration and Conditions Act 1969." (2) The following enactments are hereby consequentially repealed: (a) Sections 164A to 164D, paragraphs (e) and (f) of subseotion (1) of seotion 165, and subsection (2) of seotion 165, of the Education Act 1964: (b) Section 8 of the Education Amendment Act 1965: (c) Section 14 of the Education Amendment Act Consequential amendments to Hospitals Act ( 1) The Hospitals Act 1957 is hereby consequentially amended by repealing section 52, and substituting the following section: "52. (1) The remuneration and conditions of employment of medical practitioners employed as medical officers by Hospital Boards, and (subject to subsection (3) of this section) the remuneration and conditions of employment of all other persons employed by Hospital Boards under contracts of service, shall be fixed by the Minister of Health.

49 1969, No. 64 State Services Remuneration and Conditions 683 "(2) The Minister of Health may from time to time, for the purposes of subsection (1) of this section and after considering any material report or recommendation made by a committee appointed under subsection (7) of this section,- " (a) Issue instructions to be called determinations in such form as he thinks fit: "(b) Revoke or amend any such determination and consolidate determinations. "(3) Subsection (1) ofthis section shall apply- " (a) To persons employed by Hospital Boards, being neither medical practitioners employed as medical officers nor persons whose conditions of employment are fixed by an award or industrial agreement under the Industrial Conciliation and Arbitration Act 1954 or an apprenticeship order under the Apprentices Act 1948, only to the extent that their remuneration and the conditions under which they are employed are not fixed by a determination or Tribunal order under the State Services Remuneration and Conditions Act 1969: "(b) To persons employed by Hospital Boards whose conditions of employment or some of whose conditions of employment are fixed by any such award, industrial agreement, or apprenticeship order, only to the extent that it is to the advantage of those persons that a determination under this section should also be made. " ( 4) Section 6 of the State Services Remuneration and Conditions Act 1969 shall apply to the prescribing of pay scales under this section as it applies to the prescribing of pay scales under that Act. "( 5 ) Any determination or amendment of a determination may be expressed to come into force on any date specified by the Minister of Health, whether that date is before or after the making of the determination, and if no date is so specified it shall come into force on the date on which it is made. " ( 6) Where any person employed by a Hospital Board in any office or employment not subject to any such award, industrial agreement, or apprenticeship order has ceased to be employed by the Board, and the rate of the remuneration for that office or employment has been lawfully increased after he ceased to be so employed, and the increase applies retrospectively to a period commencing before he ceased to

50 684 State Services Remuneration and Conditions 1969, No. 64 be so employed, the Board may, on application by that person, pay to him remuneration at the increased rate for any part of that period during which he was so employed. " (7) The Minister of Health shall appoint, in accordance with regulations made under subsection (8) of this section, a committee to be known as the Hospital Medical Officer's Advisory Committee to advise him on the remuneration and conditions of employment of medical practitioners employed as medical officers by Hospital Boards, and may appoint, in accordance with any such regulations, such other committees as he thinks fit to advise him on the remuneration and conditions of employment of persons employed by Hospital Boards or of any particular class or classes of those persons, to the extent that he is empowered by this section to fix their remuneration and conditions of employment. "(8) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: "( a) Prescribing the constitution of committees to be appointed under subsection ( 7 ) of this section, regulating the procedure of any such committees, and prescribing the matters to be taken into consideration by any such committees: " (b) Providing for the grading of persons employed by Hospital Boards or any particular class or classes of those persons, and for the application of conditions of employment, whether fixed under this section or otherwise, to any particular person, subject to the provisions of any award, industrial agreement, or apprenticeship order affecting that person: " ( c) Providing for the appointment by the Minister of Health of committees for the purpose of any regulations made un:der paragraph (b) of this subsection, and prescribing the functions, and regulating the procedure of any such committees: " ( d) Prescribing the terms and conditions as to pay and expenses on which persons employed by Hospital Boards may be granted leave to attend (whether as members, parties, advocates, witnesses, or in any other capacity) any meeting of a committee constituted under this section or any meeting or hearing conducted by any person or body of persons for the purpose of fixing the conditions of employment of persons employed by Hospital Boards under any other enactment:

51 1969, No. 64 State Services Remuneration and Conditions 685 " ( e) Prescribing the purpose for which and the extent to which service in the employment of the Crown or a Hospital Board or a separate institution may count as service in the employment of another Hospital Board: "( f) Prescribing the method of dealing with any complaints in respect of conditions of employment fixed under this section. "(9) No determination or regulation made under this section shall be deemed invalid on the ground that it delegates to, or confers on, a Hospital Board or any other person any discretionary authority. "(10) There shall be paid out of money appropriated by Parliament for the purpose to the members of any committee appointed by the Minister of Health pursuant to this section remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the committee were a statutory Board within the meaning of that Act. " ( 11) The provisions of the Industrial Conciliation and Arbitration Act 1954 shall not apply to any hospital employees whose remuneration or conditions of employment have been the subject of a determination under Part 11 of the State Services Remuneration and Conditions Act 1969: "Provided that nothing in this subsection shall be construed to prevent any service organisation from registering as an industrial union of workers under the Industrial Conciliation and Arbitration Act 1954: "Provided also that, subject to the provisions of the State Services Remuneration and Conditions Act 1969, every service organisation and every member of any such organisation registered as an industrial union of workers shall be subject to the provisions of Parts Ill, IV, and X of the Industrial Conciliation and Arbitration Act 1954, so far as they are applicable and with the necessary modifications, but none of the other provisions of that Act shall apply to the organisa tion. "(12) Nothing in the State Services Remuneration and Conditions Act 1969 shall prevent a Hospital Board from contracting with a hospital employee in respect of any condition of employment not fixed by a determination

52 686 State Services Remuneration and Conditions 1969, No. 64 or Tribunal order or Order in Council or by or under any regulations made under this Act, or by an award or industrial agreement made under the Industrial Conciliation and Arbitration Act 1954, or by any apprenticeship order made under the Apprentices Act 1948, but any term of any such contract which is inconsistent with the State Services Remuneration and Conditions Act 1969 or with this Act, or with any determination, Tribunal order, Order in Council, or regulation, or (subject to paragraph (b) of subsection (3) of this section) with any such award, industrial agreement, or apprenticeship order, shall be void to the extent of the inconsistency. " (2) Notwithstanding anything in the Hospitals Act 1957 or in any regulations made under that Act, the remuneration and conditions of employment upon which any person has, with the approval of the Minister of Health in fact been employed by a Hospital Board during any period before the commencement of this Act and after the 31st day of March 1964, shall, except to the extent, if any, that the remuneration and condi. tions were inconsistent with an award, industrial agreement, or apprenticeship order affecting that person, be deemed to have been valid and effective throughout their period of operation, and, except as aforesaid, any such remuneration and conditions so approved, which are in fact in operation at the commencement of this Act, shall continue in full force and effect until other provision is made therefor under this Act?r the Hospitals Act 1957 or otherwise, as the case may reqmre. 59. Consequential amendments to Post Office Act ( 1) Section 6 of the Post Office Act 1959 (as amended by section 2 of the Post Office Amendment Act 1966) is hereby further amended by repealing subsections (3) and (4), and substituting the following subsection: "(3) Officers appointed by the Governor-General whose salaries do not exceed the amount from time to time fixed by Order in Council under the State Services Remuneration and Conditions Act 1969 as the maximum salary that any employing authority may prescribe, shall be paid such salaries as may be prescribed for officers of the First Division by determination of the Director-General made under this Act."

53 1969, No. 64 State Services Remuneration and Conditions 687 ( 2) Section 201 of the Post Office Act 1959 is hereby amended by repealing paragraph (c) of subsection (1), and substituting the following paragraph: " ( c) One, who shall be the Chairman of the Tribunal, shall be the Chairman of the State Services Tribunal. " (3) Section 203 of the Post Office Act 1959 is hereby amended by adding to paragraph (c) of subsection (1) the following proviso: "Provided that, where in the opinion of the Tribunal any matter referred to it under this section might significantly affect the remuneration or conditions of employment in more than one branch of the State services, the matter shall be referred to the State Services Tribunal constituted under the State Services Remuneration and Conditions Act 1969, and the matter shall thereupon be dealt with by that Tribunal in accordance with that Act." ( 4) Section 203 of the Post Office Act 1959 is hereby further amended by repealing subsection (2), and substituting the following subsections: "( 2) The Tribunal, in exercising its powers and functions, shall have regard to the criteria set out in section 6 of the State Services Remuneration and Conditions Act "(3) Where any employing authority as defined in section 2 of the State Services Remuneration and Conditions Act 1969 or the State Services Co-ordinating Committee as defined in that Act wishes to question whether a matter before the Tribunal is a single service or an inter Service one, the employing authority or the State Services Co-ordinating Committee, as the. case may be, shall be entitled to appear before the Tribunal and be heard in the matter." ( 5) Section 205 of the Post Office Act 1959 is hereby amended by repealing subsection (3), and substituting the following subsection: " (3) The assessors appointed in respect of any matter shall be deemed to be members of the Tribunal for the purposes of the hearing and determination of that matter." (6) Section 218 of the Post Office Act 1959 is hereby amended by omitting the words "for the First Division by regulations under this Part of this Act, and for the Second Division by the Director-General", and substituting the words "by the Director-General".

54 688 State Services Remuneration and Conditions 1969, No. 64 ( 7) Section 218 of the Post Office Act 1959 is hereby further amended by adding, as subsection (2), the following subsection: " (2) In respect of those officers referred to in subsection (1) of this section, the Director-General may, after consultation with the Post Office Association (Incorporated), make determinations prescribing the occupational classification of those officers or such of them as he may from time to time decide. In prescribing any occupational classes, the Director General may establish within those classes such subclasses, grades, or divisions as he thinks fit." (8) The Post Office Act 1959 is hereby amended by repealing section 219, and substituting the following sections: "219. Remuneration of officers-( 1) Officers of the Post Office, other than officers whose salaries exceed the amount from time to time fixed by Order in Council under the State Services Remuneration and Conditions Act 1969 as the maximum salary that any employing authority may prescribe shall be paid such salary or wages, and their conditions of employment shall be such, as may be prescribed by determination by the Director-General in accordance with subsections (2) and (3) of this section. "(2) Where the matter which is to be prescribed is a single Service one as defined in the State Services Remuneration and Conditions Act 1969, or where it is one that affects temporary, non-permanent, or non-classified officers only, the matter shall be prescribed by the Director General. In acting under this subsection the Director-General shall have regard to the criteria set out in section 6 of the State Services Remuneration and Conditions Act For the purposes of section 24 of the State Services Remuneration and Conditions Act 1969 any determination made under this subsection, so far as it prescribes salary or wages, shall be deemed to be a pay scale,vi thin the meaning of that section and the Director-General may apply to any such determination all the provisions of that section relating to half-yearly review and adjustment of pay scales. "( 3) If the matter to be prescribed is one which might significantly affect more than one branch of the State services, the matter shall be prescribed in accordance with the State

55 1969, No. 64 State Services Remuneration and Conditions 689 Services Remuneration and Conditions Act 1969, and the Director-General shall, in respect of the officers to whom subsection (1) of this section applies, issue a determination in accordance with the provisions of that Act. "( 4) Any determination made under this section and relating to the officers to whom subsection (1) of this section applies shall be promulgated by the Director-General in the form of a written determination and published to the employees of the Post Office. Every such determination shall come into force on a date to be specified therein. "219A. Conditions of employment-in accordance with and subject to the provisions of section 219 of this Act relating to determinations made under that section, the terms and conditions of employment which the Director-General may prescribe shall be: "( a) Annual and special leave, sick leave, holidays, ordinary hours of work, and the period to be worked before overtime rates become payable: "(b) Rates of remuneration and conditions in respect of minimum earnings, overtime, travelling time, standing time, night work, shift work, and special duty, and in respect of work on Saturdays, Sundays, holidays, and at any other time outside the ordinary hours of duty: "( c) Minimum rates of remuneration for adult employees and for married employees: "( d) Separation allowances, locality allowances, dirty work allowances, and other allowances relating to conditions of work: "( e) Tool allowances and allowances in the nature of additional pay for classes or conditions of work warranting the payment thereof: "( f) Travelling, relieving, lodging, night, rest camp, transfer, and meal allowances and expenses: "(g) The terms and conditions on which uniforms and industrial clothing may be issued: "(h) Such other special allowances and conditions of service as may be necessary. "219B. Application for review of remuneration or conditions of employment-in any determination made pursuant to

56 690 State Services Remuneration and Conditions 1969, NQ. 64 section 219 or section 219A of this Act prescribing remuneration or conditions of employment and which because it affects only officers of the Post Office is a single service matter, the provisions of section 20 of the State Services Remuneration and Conditions Act 1969 shall apply except that the reference in that section to a Single Service Tribunal shall be read as being a reference to the Post Office Staff Tribunal. " (9) The Post Office Act 1959 (as amended by section 3 (2) of the Post Office Amendment Act 1963) is hereby further amended- (a) By repealing subsection (1) of section 220: (b) By repealing paragraphs (d) and (m) of subsection (2) of section 223. ( 10) The Post Office Amendment Act 1963 is hereby consequentially amended by repealing subsection (2) of section Other consequential amendments-( 1) Section 13A of the Navy Act 1954 (as inserted by section 2 of the Navy Amendment Act 1962) is hereby amended by omitting from paragraph (b) the word "Minister", and substituting the words "Secretary of Defence". (2) The Navy Aot 1954 is hereby consequentially amended by repealing section 13B (as inserted by section 2 of the Navy Amendment Act 1962), and substituting the following section: "13B. The pay, allowances, expenses, grants, bonuses, and gratuities payable to officers and ratings shall be prescribed by the Secretary of Defence in accordance with the provisions of the State Services Remuneration and Conditions Act 1969, and shall be subject to any conditions so prescribed. " (3) Section 23A of the New Zealand Army Act 1950 (as inserted by section 2 of the New Zealand Army Amendment Act 1962) is hereby consequentially amended by omitting from paragraph (b) the word "Minister", and substituting the words "Secretary of Defence". (4) The New Zealand Army Aat 1950 is hereby consequentially amended by repealing section 23B (as inserted by section 2 of the New Zealand Army Amendment Act 1962), and substituting the following section:

57 1969, No. 64 State Services Remuneration and Conditions 691 "23B. The pay, allowances, expenses, grants, bonuses, and gratuities payable to officers, soldiers, and cadets shall be prescribed by the Secretary of Defence in accordance with the provisions of the State Services Remuneration and Conditions Act 1969, and shall be subject to any conditions so prescribed." (5) The Royal New Zealand Air Force Act 1950 is hereby consequentially amended by repealing seotion 23A (as inserted by section 5 of the Royal New Zealand Air Force Amendment Act 1968), and substituting the following section: "23A. The pay, allowances, expenses, and grants payable to officers and airmen and to members of the Air Training Corps shall be prescribed by the Secretary of Defence in accordance with the State Services Remuneration and Conditions Act 1969, and shall be subject to any conditions so prescribed." (6) The Royal New Zealand Air Force Amendment Act 1968 is hereby consequentially amended by repealing section Consequential repeal-the Government Service Tribunal Act 1965 is hereby oonsequentially repealed. 62. Savings-( 1) All matters and proceedings commenced under any enactment repealed by this Act and pending or in progress at the commencement of!this Aot may be continued or completed under the said enaotment as if the enactments repealed by this Act continued in force. (2) Every Public Service order, wage worker order, or teachers order made under the Government Service Tribunal Act 1965, and every Public Service determination and wage worker determination made under the State Services Act 1962, and every teachers determination made under the Education Act 1964, and every order made under the Government Railways Act 1949, so far as it was subsisting immediately before the commencement of this Act, shall continue in force as if it had been made under this Act and shall be deemed to be an order or determination under this Act, as the case may be, and may be amended or revoked acoordingly. (3) Subject to subsection (2) of section 58 of this Act, all other instruments and all regulations which have been made