New Zealand Legislation: Acts

17 Vacation of office

• (1) Any person who holds office as the Commissioner or the Deputy Commissioner shall be deemed to have vacated office if—

  • (a) without the approval of the Governor-General that person—

    • (i) engages during his or her term of office in any paid employment or business other than the duties of his or her office; or

    • (ii) is appointed to and accepts any other office or position in the State services:

  • (b) that person becomes bankrupt, compounds with his or her creditors, or makes an assignment of his or her salary for their benefit:

  • (c) that person absents himself or herself from duty except with the authority of the Governor-General:

  • (d) that person resigns in writing under his or her hand addressed to the Governor-General.

  (2) Notwithstanding anything in this section, the Commissioner or the Deputy Commissioner may act temporarily in any position in any department or organisation of the State services that is for the time being vacant (including the position of chief executive of a department).

  Section 17: substituted, on 19 December 1989, by section 3 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

  Section 17(2): amended, on 25 January 2005, by section 19(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).