Local Government Act 1993

This section applies if either—

the following subparagraphs apply—

a staff transfer occurs in connection with the constitution of a new area, whether as a result of the amalgamation of two or more areas or otherwise, and

within 3 years after the transfer day, the general manager proposes to make an appointment to a position within the organisational structure of the council (the council), and

a transferred staff member was, immediately before the transfer day, performing substantially the same duties for the staff member’s former council as are required to be performed in the position to be filled, or

the following subparagraphs apply—

a staff transfer occurs in connection with a boundary alteration, and

within 3 years after the transfer day, the general manager of a council (the council) affected by the boundary alteration proposes to make an appointment to a position within the organisational structure of the council, and

a staff member of the council was, immediately before the transfer day, performing substantially the same duties for either or any of the affected councils as are required to be performed in the position to be filled.

The council—

must notify its staff members of the position and give its staff members a reasonable opportunity to apply for the position, and

must not externally advertise the position.

A person who—

applies for appointment to a position referred to in this section, and

is employed by the council at the time of making the application, and

is a person referred to in subsection (1)(a)(iii) or (b)(iii), as the case requires,

If there is more than one person referred to in subsection (3) who is eligible for appointment to a position, the applicant who has the greatest merit, determined in accordance with section 349(2) and (3), is to be selected.

Subject to subsection (4), sections 348 and 349 do not apply to an appointment to a position referred to in this section and the Council may not decide, under section 350(b), that those sections apply to the appointment.