Section 69D — Employment Relations Act 2000: Meaning of new employer

69D Meaning of new employer (1) In section 69I , new employer ,— (a) in relation to contracting in, means person A in the definition of that term: (b) in relation to contracting out,— (i) means person B in the definition of that term; but (ii) if, instead of person B or employees (if any) of person B performing the work concerned, person B subcontracts the work (whether before or at the same time as the contracting out), means the subcontractor: (c) in relation to subsequent contracting,— (i) means person C in the definition of that term; but (ii) if, instead of person C or employees (if any) of person C performing the work concerned, person C subcontracts the work (whether before or at the same time as the subsequent contracting), means the subcontractor: (d) in relation to the sale or transfer of an employer's business (or part of it), means the person to whom the business (or part of it) is sold or transferred. (2) In the rest of this subpart, new employer means the person to whom an employee— (a) may elect or has elected to transfer under section 69I ; or (b) has transferred under that section. Part 6A (comprising sections 69A to 69O) was inserted, as from 1 December 2004, by section 30 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Part 6A (comprising sections 69A to 69O) was substituted by a new Part 6A (comprising sections 69A to 69OL), as from 14 September 2006, by section 6 Employment Relations Amendment Act 2006 (2006 No 41). See section 2(1)(a) of that Act as to subpart 2 of the new Part 6A of this Act (comprising sections 69OA to 69OG) coming into force as from 13 December 2006. See section 11 of that Act as to the transitional provisions.