New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to sections 36, 37, 44, and 91, each chief executive shall be appointed by the Commissioner in accordance with the provisions of this section.
(2) Where there is a vacancy or an impending vacancy in the position of chief executive of a department, the Commissioner shall—
(a) inform the Minister of that vacancy or impending vacancy; and
(b) invite the Minister to inform the Commissioner of any matters that the Minister wishes the Commissioner to take into account in making an appointment to the position.
(3) The Commissioner shall notify the vacancy or impending vacancy in such manner as the Commissioner thinks sufficient to enable suitably qualified persons to apply for the position.
(4) A panel comprising—
(a) the Commissioner as chairperson; and
(b) the Deputy Commissioner; and
(c) 1 or more persons to be appointed by the Commissioner after consultation with the appropriate Minister or appropriate Ministers,—
shall be established in respect of each vacancy.
(4A) The panel as constituted under subsection (4) may—
(a) examine applicants for the position; and
(b) seek advice from such other sources as the panel considers relevant; and
(c) deliberate on the person to be recommended for appointment.
(4B) Following the deliberations of the panel, the Commissioner shall decide upon the person to be recommended to the Minister for appointment.
(5) The Commissioner may invite such other persons as the Commissioner thinks fit to assist in deciding upon the person to be recommended for appointment, and any person so invited may take part in the examination of applicants or in the panel's deliberations on the matter or in both.
(6) The Commissioner shall forward to the Minister the name of the person decided upon under subsection (4B) as the person recommended for appointment to the position, together with full particulars of that person's qualifications.
(7) The Minister shall refer the Commissioner's recommendations to the Governor-General in Council.
(8) The Governor-General in Council shall decide whether the Commissioner's recommendation is to be accepted or declined.
(9) The Minister shall inform the Commissioner whether the Commissioner's recommendation has been accepted or declined by the Governor-General in Council.
(10) Where the Commissioner's recommendation is accepted, the Commissioner shall—
(a) appoint the person recommended; and
(b) announce publicly that the appointment has been made.
(11) Where the Commissioner's recommendation is declined, the following provisions shall apply:
(a) the Governor-General in Council may direct the Commissioner to appoint a named person to the position:
(b) the Governor-General in Council shall not be required to comply with the preceding subsections of this section:
(c) notice of the making of an appointment pursuant to a direction under paragraph (a) shall be published in the Gazette as soon as practicable.
(12) In deciding upon the person to be appointed as chief executive of a department, the Commissioner or the Governor-General in Council, as the case may be, shall have regard to the need to appoint a person who—
(a) can discharge the specific responsibilities placed on that chief executive; and
(b) will imbue the employees of the department with a spirit of service to the community; and
(c) will promote efficiency in the department; and
(d) will be a responsible manager of the department; and
(e) will maintain appropriate standards of integrity and conduct among the employees of the department; and
(f) will ensure that the department is a good employer; and
(g) will promote equal employment opportunities.
Section 35(1): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(2): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(2)(b): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(3): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(4): substituted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(4A): inserted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(4B): inserted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(5): substituted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(6): substituted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(7): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(8): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(9): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(10): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(11): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(11)(a): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
Section 35(12): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).
