New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2011
| Public Act | 1988 No 20 |
| Date of assent | 30 March 1988 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the State Services Commission.
1 Short Title and commencement
Part 1
State Services Commissioner
Duties, functions, and powers of Commissioner
4 Commissioner to be chief executive of State Services Commission
5 Duty of Commissioner to act independently
8 Power of Commissioner to conduct inspections and investigations
11 Exercise of functions and powers in respect of other State services
12 Deputy State Services Commissioner
14 Acting Commissioner or acting Deputy Commissioner
15 Remuneration and expenses of Commissioner and Deputy Commissioner
18 Superannuation rights of Commissioner and Deputy Commissioner
20 Power to incorporate annual report of Commission in Commissioner's annual report
22 Remuneration of advisory committees
23 Delegation of functions or powers
26 Fees and expenses in connection with investigation or inquiry
28 Delegation of functions or powers of appropriate Minister
30 Annual reports of departments [Repealed]
30A Amendment of Schedule 1 to reflect reorganisations within Public Service
30B Effect of reorganisations within Public Service on employees
30C Application of employee provisions to reorganisations between departments
30D Application of employee provisions to transfers from Crown entities to departments
30E Restriction of compensation for technical redundancy arising from reorganisations
30F Reappointment of employees following reorganisations
30G Application of collective agreements to employees following reorganisations
30H Consequential changes to references to departments following reorganisations
30I Consequential changes to references to chief executives following reorganisations
30J Application of consequential changes to references
30K Other saving and transitional matters arising from reorganisations within Public Service
30L Effect of reorganisations within Public Service
34 Functions, responsibilities, duties, and powers
35 Appointment of chief executives
36 Reappointment of chief executives
37 Appointment and reappointment of Government Statistician
38 Conditions of employment of chief executives
41 Delegation of functions or powers
43 Review of performance of chief executive
44 Special provisions in relation to certain chief executives
45 Application of Labour Relations Act 1987 in respect of chief executives [Repealed]
Part 4
Senior leadership and management capability in Public Service
47 Responsibilities of Commissioner
48 Responsibilities of Public Service chief executives
50 Other organisations in State services
51 Appointments to positions in the senior executive service [Repealed]
52 Conditions of employment for senior executive service [Repealed]
53 Removal from office [Repealed]
54 Conditions where person not reappointed [Repealed]
55 Training for senior executive service [Repealed]
57 Commissioner may set minimum standards of integrity and conduct
57A Agencies must comply with minimum standards except in particular circumstances
57B Breaches of minimum standards
57C Commissioner's powers when setting and enforcing minimum standards
58 Equal employment opportunities
61 Obligation to notify vacancies
61A Power to transfer employees
61B Protection of conditions of employment upon transfer of duties
61C Union coverage where department ceases to be part of Public Service
64 Obligation to notify appointments
66 Redundancy [Repealed]
Part 6
Application of Employment Relations Act 2000
67 Application to Public Service of Employment Relations Act 2000
68 Negotiation of conditions of employment
69 Personal grievances and disputes
70 Delegation of Commissioner's powers
71 Compulsory arbitration and agreement not to strike or lock out [Repealed]
72 Contravention of agreement not to strike or lock out [Repealed]
73 Application of Employment Relations Act 2000
74 Negotiation of conditions of employment
74AA Commissioner's powers when collective agreements are negotiated
74AB Boards of Trustees indemnified by Commissioner
74AC Strikes in schools to be notified
74AD Employers to notify Commissioner about participation in strikes
74A Personal grievances and disputes
74B Delegation of Commissioner's powers
74C Negotiation of conditions of employment for employees of tertiary education institutions
74D Senior positions at tertiary education institutions
75 Actual conditions of employment
76 Offence to attempt to influence employer
77AA Offence to attempt to influence employer [Repealed]
77AB Protection from liability [Repealed]
Part 7A
Personnel provisions in relation to education service
77D Equal employment opportunities
77H Obligation to notify vacancies
77HA Restriction of compensation for technical redundancy arising from closure or merger of schools
77HB Appointment of employees following closure or merger of schools
Part 7B
Senior appointments in education service
77IA Chief executives of institutions
77IB Appointment of chief executive
77IC Reappointment of chief executive
77ID Conditions of employment of chief executive
77J Appointments of senior staff [Repealed]
77K Conditions of employment of principals [Repealed]
77L Conditions of employment of senior staff (other than principals) [Repealed]
77LA Conditions of employment of senior staff in universities or technical institutes [Repealed]
77M Application of Labour Relations Act 1987 in respect of senior positions [Repealed]
78 Choice of procedure [Repealed]
79 General principles [Repealed]
80 Equal employment opportunities [Repealed]
81 Amendments to Education Act 1964 [Repealed]
Part 8
Miscellaneous provisions
84A Power to establish superannuation schemes for officers and employees
84B Contributions to superannuation schemes
84C Obligation to obtain confirmation from Government Actuary that scheme meets requirements [Repealed]
84D Contributions to superannuation schemes [Repealed]
85 Offence to attempt to influence Commissioner or chief executive
87 Amendments to other enactments
88 Repeals and transitional provision
90 Consequential amendments in relation to repeal of State Services Act 1962 and State Services Conditions of Employment Act 1977
Transitional provisions and savings
91 Transitional provisions for permanent heads
92 Transitional provisions for senior executive service [Repealed]
93 Transitional provisions in respect of appointments to Public Service
94 Identical conditions of employment in respect of State services
97 Clauses relating to disputes of rights and personal grievances
98 Expiry date of determinations and orders
100 Recognition of service organisations as unions
102 Deferring operation of sections of the Labour Relations Act 1987
105 Rights of employees of Public Service
106 Application of repealed provisions
107 Grading reviews of employees of Public Service
108 Appeal rights of employees of Public Service
110 Provisions relating to Commission
111 General liabilities of Commission
Schedule 1
Departments of the Public Service
[Repealed]
Schedule 3
Procedure for conciliation and arbitration
[Repealed]
Schedule 4
Final offer arbitration
[Repealed]
Schedule 7
Regulations and orders revoked
An Act—
(a) to ensure that employees in the State services are imbued with the spirit of service to the community; and
(b) to promote efficiency in the State services and other agencies; and
(c) to ensure the responsible management of the State services; and
(d) to maintain appropriate standards of integrity and conduct among employees in the State services and other agencies; and
(e) to ensure that every employer in the State services is a good employer; and
(f) to promote equal employment opportunities in the State services; and
(g) to provide for the negotiation of conditions of employment in the State services and assistance to other agencies on conditions of employment; and
(h) to repeal the State Services Act 1962, the State Services Conditions of Employment Act 1977, and the Health Service Personnel Act 1983
Title paragraph (b): amended, on 25 January 2005, by section 3(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).
Title paragraph (d): amended, on 25 January 2005, by section 3(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).
Title paragraph (g): amended, on 25 January 2005, by section 3(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).
