New Zealand Legislation: Acts

11 Exercise of functions and powers in respect of other State services

• (1) The Prime Minister may from time to time direct the Commissioner in writing, to carry out, in respect of any part of the State services that does not form part of the Public Service, any of the functions and powers conferred on the Commissioner by any provision of sections 6 to 10 of this Act.

  (2) Sections 6 to 10 of this Act shall apply, for the purposes of any direction under subsection (1) of this section, with all necessary modifications and as if the part of the State services to which the direction relates were a Department.

  (3) The Commissioner shall comply with that direction and shall have all necessary powers to enable the Commissioner to do so.

  (4) The Commissioner may, if requested by the head of any part of the State services, and must, if requested by the Minister in charge of, or responsible for, any part of the State services, exercise in respect of that part of the State services any of the functions and powers that the Commissioner may exercise in respect of Departments under any provision of sections 6 to 8.

  (5) Nothing in this section—

  • (a) Limits or affects any provision of this or any other Act; or

  • (b) Affects or prevents the exercise by any part of the State services that does not form part of the Public Service, or by any officer or employee of any such part of the State services, of any function or power conferred on or belonging to any such part of the State services or any such officer or employee.

  (6) The Commissioner may, if requested by the head of any part of the State services that does not form part of the Public Service, or of any corporation listed in the Schedule 1 of the State-Owned Enterprises Act 1986, provide assistance in respect of the conditions of employment of its employees.

  Part 1, comprising sections 3 to 26, was substituted, as from 19 December 1989, by section 3 State Sector Amendment Act (No 2) 1989 (1989 No 136).

  Subsection (4) was substituted, as from 25 January 2005, by section 8(1) State Sector Amendment Act (No 2) 2004 (2004 No 114).

  Subsection (5)(a) was amended, as from 25 January 2005, by section 8(2) State Sector Amendment Act (No 2) 2004 (2004 No 114) by inserting the words “this or” before the words “any other Act”.

  Subsection (6) was inserted, as from 25 January 2005, by section 8(3) State Sector Amendment Act (No 2) 2004 (2004 No 114).