91Initial chief executive officer

91 Initial chief executive officer

(1)  [Section 91 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] If, immediately before the conversion day, a person who is a State Service officer or State Service employee is performing in respect of a State service authority functions of substantially the same nature as a chief executive officer performs in respect of a Government Business Enterprise, on the conversion day–

(a) that person becomes the chief executive officer of the Government Business Enterprise; and

(b) is taken to have been employed pursuant to section 18 (7) ; and

(c) [Section 91 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] .  .  .  .  .  .  .  .  

(d) [Section 91 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] an appointment under section 31 of the State Service Act 2000 in respect of that person continues.

(2)  If, immediately before the conversion day, an independent employing authority employs a person in a position that is substantially the same as the position of chief executive officer in a Government Business Enterprise, on the conversion day –

(a) that person becomes the chief executive officer of the Government Business Enterprise; and

(b) that person's contract of employment or instrument of appointment continues as if it were an appointment made under section 18 (2) .

(3)  If by the operation of subsection (2) (b) an initial chief executive officer would be entitled to a term of office as initial chief executive officer exceeding 5 years after the conversion day, that initial chief executive officer –