New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 1 January 2011
| Public Act | 2000 No 17 |
| Date of assent | 27 June 2000 |
| Commencement | see section 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 Parliamentary Service.
3A Meaning of publish in sections 3B and 3C
3B Meaning of funding entitlements for parliamentary purposes
3C Apportionment of funding for election advertisement or referendum advertisement published both before and during regulated period
3D Opinion given by Electoral Commission may be taken into account in determining whether advertisement is election advertisement
3E Interpretation of determinations under section 20A of Civil List Act 1979
Part 2
Delivery of services and funding entitlements for House of Representatives and its members
7 Principal duties of Parliamentary Service
8 Services provided in accordance with Speaker's directions
9 Other functions of Parliamentary Service
9A Application of section 9C to electoral candidates
9B Speaker may give directions for provision of services and funding for parliamentary purposes in relation to certain electoral candidates
9C Provision of services and funding for parliamentary purposes in relation to certain electoral candidates
9D Speaker to take into account advice and recommendations of Commission
General Manager of Parliamentary Service
10 General Manager of Parliamentary Service
11 Principal responsibilities of General Manager
Further provisions relating to Parliamentary Service
12 Further provisions relating to Parliamentary Service
Part 3
Policy relating to parliamentary resources and services
Parliamentary Service Commission
13 Parliamentary Service Commission
14 Functions of Parliamentary Service Commission
15 Membership of Commission during term of Parliament
17 Vacation of office by nominated or appointed members
18 Membership of Parliamentary Service Commission between Parliaments
19 Further provisions relating to Commission
20 Establishment of committee to review appropriations
Part 4
Land and other assets held for parliamentary purposes
24 Leased premises in Bowen House
25 House of Representatives may add land to parliamentary precincts
26 Parliamentary precincts under control of Speaker
28 Functions of Parliamentary Corporation
29 Membership of Parliamentary Corporation
30 Specific powers of Parliamentary Corporation
32 Further provisions relating to Parliamentary Corporation
Part 5
Miscellaneous provisions
33 Deputy Speaker may act as Speaker
34 Delegation of powers by Speaker
Recovery of amounts paid made outside entitlements
35A Recovery of amounts paid outside entitlements to funding for parliamentary purposes
36 Amendment to Ombudsmen Act 1975
37 Amendment to Higher Salaries Commission Act 1977
38 Amendment to Official Information Act 1982
39 Amendment to Public Finance Act 1989
Schedule 1
Provisions applying in respect of Parliamentary Service
Schedule 2
Provisions applying in respect of Parliamentary Service Commission
Schedule 3
Description of land vested in Her Majesty the Queen for parliamentary purposes
Schedule 4
Provisions applying in respect of Parliamentary Corporation
This Act is the Parliamentary Service Act 2000.
This Act comes into force on 1 July 2000.
Heading: inserted, on 1 January 2011, by section 4 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
In this Act, unless the context otherwise requires,—
Bowen House lease or the lease means all agreements, authorities, and instruments under which, immediately before the commencement of this Act, the Parliamentary Service Commission held interests, licences, or rights in or in respect of—
(a) the building known as Bowen House situated on the corner of Lambton Quay and Bowen Street in Wellington; or
(b) any land adjoining that building
department has the same meaning as in section 2 of the State Sector Act 1988
Deputy Speaker means—
(a) the Deputy Speaker of the House of Representatives; or
(b) in relation to the period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Deputy Speaker at the time of the dissolution or expiry of the Parliament
election advertisement has the meaning given to it by section 3A of the Electoral Act 1993 (as inserted by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010)
electioneering means—
(a) a communication of the kind described in section 3B(2)(a); and
(b) an advertisement of the kind described in section 3B(2)(b); and
(c) an advertisement of the kind described in section 3B(2)(c)
funding entitlements for parliamentary purposes has the meaning given to it by section 3B
General Manager means the General Manager of the Parliamentary Service
government initiated referendum means a binding or indicative referendum initiated by the Government
Leader of the House means the Leader of the House of Representatives
Parliamentary Corporation or Corporation means the body corporate established by section 27
parliamentary precincts means all of the following:
(a) the land described in Schedule 3:
(b) land and premises that are subject to the Bowen House lease:
(c) any other land or premises added to the parliamentary precincts by a resolution of the House of Representatives under section 25
Parliamentary Service or Service means the Parliamentary Service continued by section 6
Parliamentary Service Commission or Commission means the Parliamentary Service Commission established by section 13
Public Service has the same meaning as in section 2 of the State Sector Act 1988
recognised party means a political party for the time being recognised for parliamentary purposes under the Standing Orders of the House of Representatives
referendum advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to vote, or not to vote, in a particular way in a government initiated referendum
regulated period, in relation to a general election, has the meaning given to it by section 3B(2) and (3) of the Electoral Act 1993 (as inserted by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010)
regulated period, in relation to a government initiated referendum, means the period (if any) specified in an enactment as being the regulated period for the referendum
review committee means a committee that is for the time being established under section 20
Speaker means—
(a) the Speaker of the House of Representatives; or
(b) in relation to the period commencing immediately after the close of any polling day at a general election and ending with the first meeting of the House of Representatives after the general election, the person who held the office of Speaker of the House of Representatives on that day
support services includes the provision of accommodation.
Section 3 election advertisement: inserted, on 1 January 2011, by section 5 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
Section 3 electioneering: inserted, on 1 January 2011, by section 5 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
Section 3 funding entitlements for parliamentary purposes: inserted, on 1 January 2011, by section 5 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
Section 3 government initiated referendum: inserted, on 1 January 2011, by section 5 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
Section 3 referendum advertisement: inserted, on 1 January 2011, by section 5 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
Section 3 regulated period (in relation to a general election): inserted, on 1 January 2011, by section 5 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
Section 3 regulated period (in relation to a government initiated referendum): inserted, on 1 January 2011, by section 5 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
In sections 3B and 3C, publish, in relation to an election advertisement or a referendum advertisement, means to bring to the notice of a person in any manner, regardless of whether the place of publication is New Zealand or overseas,—
(a) including—
(i) displaying on any medium:
(ii) distributing by any means:
(iii) delivering to an address:
(iv) leaving at a place:
(v) sending by post or otherwise:
(vi) printing in a newspaper or other periodical:
(vii) broadcasting by any means:
(viii) disseminating by means of the Internet or any other electronic medium:
(ix) storing electronically in a way that is accessible to the public:
(x) incorporating in a device for use with a computer:
(xi) inserting in a film or video; but
(b) excluding addressing 1 or more persons face to face.
Section 3A: inserted, on 1 January 2011, by section 6 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
(1) In this Act, unless the context otherwise requires, funding entitlements for parliamentary purposes includes funding for all or any of the following purposes:
(a) the performance by a member of Parliament of his or her role and functions as a member of Parliament:
(b) the performance by a recognised party of its role and functions as a recognised party:
(c) the provision of travel, accommodation, and attendance services in accordance with any determination made by the Speaker of the House of Representatives under section 20A of the Civil List Act 1979, or any direction given by the Speaker of the House of Representatives under this Act:
(d) the provision of communications services (other than services including electioneering) in accordance with any determination made by the Speaker of the House of Representatives under section 20A of the Civil List Act 1979, or any direction given by the Speaker of the House of Representatives under this Act:
(e) the provision of services and resources to support electoral candidates to whom section 9C applies in accordance with directions given by the Speaker under section 9B:
(f) the provision of benefits or privileges of a specified kind for former members of Parliament and members of their families in accordance with an appropriation by Parliament of money for that purpose.
(2) However, funding entitlements for parliamentary purposes does not include funding for—
(a) any communication that explicitly—
(i) seeks or discourages support for the election of a particular person or people; or
(ii) seeks or discourages support for the casting of a party vote for a particular political party or political parties; or
(iii) encourages a person to become or discourages a person from becoming a member of a particular political party or political parties; or
(iv) solicits subscriptions or other financial support; or
(v) seeks support for casting a vote for one of the answers to the precise question to be put to voters in an indicative referendum initiated under the Citizens Initiated Referenda Act 1993; or
(vi) seeks support for casting a vote for one of the responses to a proposal to be put to electors in a government initiated referendum; or
(b) an election advertisement published during the regulated period in relation to a general election, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
(c) a referendum advertisement published during the regulated period in relation to a government initiated referendum, regardless of whether all or any part of an expense in relation to the advertisement is incurred or paid before, during, or after that regulated period; or
(d) the provision of travel, accommodation, and communications services in accordance with any determination made by the Speaker of the House of Representatives under section 20A of the Civil List Act 1979 in respect of members of Parliament participating in the official inter-parliamentary travel programme.
(3) Subsection (2)(b) and (c) are subject to section 3C.
Section 3B: inserted, on 1 January 2011, by section 6 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
(1) This section applies if—
(a) an election advertisement is published—
(i) before the regulated period in relation to a general election and continues to be published during the regulated period; or
(ii) both before and during the regulated period in relation to a general election; or
(b) a referendum advertisement is published—
(i) before the regulated period in relation to a government initiated referendum and continues to be published during the regulated period; or
(ii) both before and during the regulated period in relation to a government initiated referendum.
(2) If this section applies,—
(a) the expenses for the publication of the advertisement must be apportioned so that only a fair proportion of the expenses is attributed to the publication of the advertisement during the regulated period; and
(b) only expenses attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a) are excluded from funding entitlements for parliamentary purposes under section 3B(2)(b) and (c); and
(c) expenditure under Vote Parliamentary Service in respect of the publication of the advertisement is invalid only to the extent, and from the date, that expenses are attributed to the publication of the advertisement during the regulated period in accordance with paragraph (a).
Section 3C: inserted, on 1 January 2011, by section 6 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
An opinion given to any person by the Electoral Commission under section 204I(3) of the Electoral Act 1993 (as inserted by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010) may be taken into account in determining whether an advertisement is an election advertisement for the purposes of section 3B(2)(b) of this Act.
Section 3D: inserted, on 1 January 2011, by section 6 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
All determinations made by the Speaker under section 20A of the Civil List Act 1979 must be interpreted consistently with sections 3B and 3C.
Section 3E: inserted, on 1 January 2011, by section 6 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
Heading: inserted, on 1 January 2011, by section 7 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
The purposes of this Act are as follows:
(a) to establish mechanisms for providing services and funding entitlements for parliamentary purposes:
(b) to provide for the governance arrangements of the Parliamentary Service, in particular, by making the General Manager of the Parliamentary Service responsible to the Speaker:
(c) to reconstitute the Parliamentary Service Commission as a policy body:
(d) to provide for regular, independent reviews of the amounts of money appropriated for services and funding entitlements for parliamentary purposes:
(e) to provide for the ownership and control of land and other assets held for parliamentary purposes.
This Act binds the Crown.
(1) There continues to be a service called the Parliamentary Service.
(2) The Parliamentary Service is not an instrument of the executive government.
(3) The Parliamentary Service is the same service as that established by section 3 of the Parliamentary Service Act 1985.
Compare: 1985 No 128 s 3
The principal duties of the Parliamentary Service are—
(a) to provide administrative and support services to the House of Representatives and to members of Parliament; and
(b) to administer, in accordance with directions given by the Speaker, the payment of funding entitlements for parliamentary purposes.
Compare: 1985 No 128 s 4(1)
(1) The Speaker must, in each financial year, give the Parliamentary Service written directions as to both—
(a) the nature of the services to be provided, under section 7(a), in the next financial year; and
(b) the objectives to be achieved by the Service by providing those services.
(2) The Service must act in accordance with those directions.
(3) Whenever the Speaker proposes to give directions under subsection (1) or section 7, the Speaker must take into account any relevant advice and any relevant recommendation given or made by the Parliamentary Service Commission under section 14(1)(a) or (b).
(1) The Parliamentary Service may, with the approval of the Speaker, provide administrative and support services for the following persons and agencies:
(a) any officer of the House of Representatives:
(b) any officer of Parliament:
(c) any office of Parliament:
(d) any department or other instrument of the Crown.
(2) The Service has any other function, power, and duty that is conferred or imposed on it by or under an enactment.
(3) This Act does not limit the provision to the House of Representatives or to members of Parliament of administrative and support services by any other department or other instrument of the Crown.
Compare: 1985 No 128 s 4
(1) If a person vacates the office of member of Parliament under section 54(1)(b) or (2)(b) of the Electoral Act 1993 at the close of a polling day but is a candidate in the general election concerned, section 9C applies to him or her at any time if (and only if) the time is between the close of the polling day and—
(a) in the case of a person who is a candidate for a seat in the House of Representatives representing an electoral district, the day on which a person (whether that person or some other person) is, under section 179 of the Electoral Act 1993, declared elected to represent the district:
(b) in the case of a person whose name is specified in a party list, the day on which, under section 193(5) of the Electoral Act 1993, the Electoral Commission declares candidates to be elected in the election.
(2) If a candidate at a by-election is the former member of Parliament whose vacation of the seat concerned caused the by-election to be required, section 9C applies to him or her at any time if (and only if) the time is between the close of the polling day and the day on which a person (whether that person or some other person) is, under section 179 of the Electoral Act 1993, declared elected to represent the district concerned.
(3) If a candidate at a general election for a seat in the House of Representatives representing an electoral district did not vacate the office of member of Parliament under section 54(1)(b) or (2)(b) of the Electoral Act 1993 at the close of the polling day for the election, section 9C applies to him or her at any time if (and only if)—
(a) the preliminary results made available by the Electoral Commission on polling day or the day after indicate that—
(i) he or she received more votes than any other candidate for the seat; or
(ii) he or she is one of 2 or more candidates who received a number of votes that is equal, and greater than the number of votes received by any other candidate for the seat; and
(b) the time is between the close of polling day and the day on which a person (whether that person or some other person) is, under section 179 of the Electoral Act 1993, declared elected to represent the district.
(4) If a candidate at a general election whose name is specified in a party list did not vacate the office of member of Parliament under section 54(1)(b) or (2)(b) of the Electoral Act 1993 at the close of the polling day for the election, section 9C applies to him or her at any time if (and only if)—
(a) the preliminary results made available by the Electoral Commission on polling day or the day after indicate that the Electoral Commission would under section 193(5) of the Electoral Act 1993 declare him or her to be elected in the election if the results of the official count were the same as those preliminary results; and
(b) the time is between the close of polling day and the day on which, under section 193(5) of the Electoral Act 1993, the Electoral Commission declares candidates to be elected in the election.
(5) If a candidate at a by-election is neither a member of Parliament nor the former member of Parliament whose vacation of the seat concerned caused the by-election to be required, section 9C applies to him or her at any time if (and only if)—
(a) the preliminary results made available by the Electoral Commission on polling day or the day after indicate that—
(i) he or she received more votes than any other candidate for the seat; or
(ii) he or she is one of 2 or more candidates who received a number of votes that is equal, and greater than the number of votes received by any other candidate for the seat; and
(b) the time is between the close of polling day and the day on which a person (whether that person or some other person) is, under section 179 of the Electoral Act 1993, declared elected to represent the district.
Section 9A: inserted, on 13 August 2008, by section 4 of the Parliamentary Service Amendment Act 2008 (2008 No 57).
Section 9A(1)(b): amended, on 1 October 2010, by section 32(1)(b) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 9A(3)(a): amended, on 1 October 2010, by section 32(1)(b) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 9A(4)(a): amended, on 1 October 2010, by section 32(1)(b) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 9A(4)(b): amended, on 1 October 2010, by section 32(1)(b) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 9A(5)(a): amended, on 1 October 2010, by section 32(1)(b) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
(1) The Speaker may give directions on the extent to which administrative and support services are to be provided, and how the payment of funding entitlements for parliamentary purposes is to be administered, in relation to people to whom section 9C applies.
(2) Directions—
(a) may apply to all people to whom section 9C applies, or may apply differently to—
(i) people of different descriptions:
(ii) the holders or former holders of different offices; and
(b) may state criteria to which the General Manager is to have regard in providing services and administering the payment of funding entitlements for parliamentary purposes.
(3) A direction may provide that the General Manager is to determine whether some or all of the criteria stated in it have been met.
Section 9B: inserted, on 13 August 2008, by section 4 of the Parliamentary Service Amendment Act 2008 (2008 No 57).
While (by virtue of section 9A) this section applies to a person,—
(a) administrative and support services must be provided in respect of him or her in accordance with directions under section 9B(1); and
(b) the payment of funding entitlements for parliamentary purposes must be administered accordingly.
Section 9C: inserted, on 13 August 2008, by section 4 of the Parliamentary Service Amendment Act 2008 (2008 No 57).
(1) It is a function of the Parliamentary Service Commission to advise the Speaker on—
(a) the nature of the services to be provided under section 9C(a); and
(b) the objectives to be achieved by the Service by providing those services.
(2) In giving directions under section 9B(1), the Speaker must take into account any relevant advice and any relevant recommendation given or made by the Parliamentary Service Commission under subsection (1).
Section 9D: inserted, on 13 August 2008, by section 4 of the Parliamentary Service Amendment Act 2008 (2008 No 57).
The General Manager is the administrative head of the Parliamentary Service.
Compare: 1985 No 128 s 28
The General Manager is responsible to the Speaker for each of the following matters:
(a) the carrying out of the duties and functions of the Parliamentary Service:
(b) the tendering of advice to the Speaker and to the Parliamentary Service Commission:
(c) the general conduct of the Service:
(d) the efficient, effective, and economical management of the activities of the Service.
Compare: 1988 No 20 s 32
Schedule 1 applies in relation to the Parliamentary Service.
There is a commission called the Parliamentary Service Commission.
Compare: 1985 No 128 s 5
(1) The Parliamentary Service Commission has the following functions:
(a) to advise the Speaker on the following matters:
(i) the nature of the services to be provided to the House of Representatives and to members of Parliament:
(ii) the objectives to be achieved by providing those services:
(b) to recommend to the Speaker the adoption of criteria governing funding entitlements for parliamentary purposes:
(c) to recommend to the Speaker persons who are suitable to be members of a review committee:
(d) to consider and comment on draft reports prepared by review committees.
(2) The Commission may at any time require the Speaker or the General Manager to report on, or inquire into, matters relating to the administration of this Act or the exercise or performance of any function, duty, or power under this Act.
(3) The Commission has any other function or power conferred on it by or under any enactment.
(4) The Commission does not have a role in relation to—
(a) business transacted at meetings of the House of Representatives or meetings of committees of the House of Representatives; or
(b) any other proceedings in Parliament.
Compare: 1985 No 128 s 6(2), (4), (5)
(1) During the term of each Parliament, the Parliamentary Service Commission consists of the following:
(a) the Speaker:
(b) the Leader of the House or a member of Parliament nominated from time to time by the Leader of the House:
(c) the Leader of the Opposition or a member of Parliament nominated from time to time by the Leader of the Opposition:
(d) such number of members of Parliament as are appointed from time to time by resolution of the House of Representatives, that number to be determined in accordance with subsection (2).
(2) The number of members to be appointed under subsection (1)(d) is to be determined as follows:
(a) one member for each recognised party that is represented in the House of Representatives by 1 or more members; and
(b) an additional member for each recognised party that—
(i) is represented in the House of Representatives by 30 or more members; and
(ii) does not include among its members the Speaker, the Leader of the House, or the Leader of the Opposition.
(3) No person who holds office as a Minister of the Crown or as a Parliamentary Under-Secretary may be appointed under subsection (1)(d) as a member of the Commission.
(4) No person may be appointed under subsection (1)(d) unless the person is a member of the recognised party in respect of which the appointment is made.
(5) Past service on the Commission is no bar to nomination or appointment as a member of the Commission.
(6) To avoid any doubt, every member of Parliament who acts as a member of the Commission is, in so acting, acting in his or her official capacity as a member of Parliament.
Compare: 1985 No 128 s 7; 1996 No 46 s 7(4)
(1) The Speaker is the chairperson of the Parliamentary Service Commission.
(2) When there is a vacancy in the office of Speaker, or when the Speaker is (for whatever reason) absent from duty, the Deputy Speaker is the chairperson of the Commission.
(1) A member of the Parliamentary Service Commission who holds office because of a nomination under section 15(1)(b) or (c) ceases to be a member of the Commission if one of the following events occurs:
(a) the person by whom that member was nominated revokes the nomination of that member or nominates, instead of that member, another member of Parliament:
(b) Parliament is dissolved or expires:
(c) the member ceases to be a member of Parliament before Parliament is dissolved or expires.
(2) A member of the Commission who holds office under section 15(1)(d) ceases to be a member of the Commission if one of the following events occurs:
(a) the House of Representatives rescinds the resolution by which the member was appointed or resolves to appoint to the Commission, instead of that member, another member of Parliament:
(b) the member is appointed as a Minister of the Crown or as a Parliamentary Under-Secretary:
(c) Parliament is dissolved or expires:
(d) the member ceases to be a member of Parliament before Parliament is dissolved or expires.
(3) A member of the Commission who holds office because of a nomination or an appointment may, by written notice to the chairperson of the Commission, resign the office at any time.
Compare: 1985 No 128 s 8
(1) Throughout each period commencing immediately after the dissolution or expiry of a Parliament and ending with the first meeting of the House of Representatives after the general election of its members, the Parliamentary Service Commission consists of the following:
(a) the Speaker:
(b) the Leader of the House or a person nominated from time to time by the Leader of the House:
(c) the Leader of the Opposition or a person nominated from time to time by the Leader of the Opposition.
(2) No person may be nominated under subsection (1)(b) or (c) unless the person is a member of Parliament or was, at the dissolution or expiry of the Parliament, a member of Parliament.
(3) The Speaker continues to be the chairperson of the Commission throughout the period specified in subsection (1).
Compare: 1985 No 128 s 10
Schedule 2 applies in relation to the Parliamentary Service Commission.
(1) The Speaker may from time to time, and must at least once during the term of each Parliament, establish a review committee of up to 3 persons to review the amounts of money appropriated by Parliament for the following purposes:
(a) administrative and support services provided to the House of Representatives and to members of Parliament:
(b) funding entitlements for parliamentary purposes.
(2) No person appointed to the review committee may be a member of Parliament or an officer or employee of the Parliamentary Service.
(3) Before appointing a person to the review committee, the Speaker must—
(a) consult with the Parliamentary Service Commission about the proposed appointment; and
(b) take into account any relevant recommendation made by the Commission under section 14(1)(c).
(4) The Speaker may appoint persons to the review committee on any terms and conditions, including terms and conditions as to remuneration and travelling allowances, that the Speaker considers appropriate.
(1) In carrying out its work, the review committee must consider each of the following matters:
(a) the nature, quantity, and quality of administrative services and support services required for the effective operation of the House of Representatives:
(b) the nature, quantity, and quality of administrative services and support services that members of Parliament require for the effective performance of their functions:
(c) the funding that recognised parties and members of Parliament require for the effective performance of their respective functions:
(d) the scope for efficiency gains in the delivery of administrative services and support services to the House of Representatives and to members of Parliament:
(e) investments that may be necessary or desirable in order to further the aims of high quality representation by members of Parliament and high quality legislation:
(f) the need for fiscal responsibility.
(2) The review committee may, subject to any written direction by the Speaker, regulate its own procedure.
(1) The review committee must—
(a) set out in a report the details of its review and the conclusions reached and recommendations formulated as a result of the review; and
(b) submit the report to the Speaker within 3 months after the date on which the review committee is established, or within any further time the Speaker allows.
(2) Before submitting its report to the Speaker, the review committee must consult with the Parliamentary Service Commission by seeking—
(a) the views of the Commission on the matters to be included in the review committee's report; and
(b) the comments of the Commission on any preliminary assessments or recommendations that the review committee proposes to include in the report.
(3) The Speaker must present the report to the House of Representatives not later than 6 sitting days after the date on which the review committee submits its report to the Speaker.
The land described in Schedule 3 is declared—
(a) to be vested in fee simple in Her Majesty the Queen for parliamentary purposes; and
(b) to be held under the Public Works Act 1981 as if the whole of that land had been set apart for those purposes under that Act.
(1) On the commencement of this Act, the interests, licences, and rights of the Parliamentary Service Commission under the Bowen House lease cease to be vested in the Parliamentary Service Commission, and vest instead in the Parliamentary Corporation.
(2) No person is entitled to terminate, alter, or otherwise affect in any way the interests, licences, and rights vested in the Parliamentary Corporation by subsection (1), simply because of the vesting under that subsection.
(3) The General Manager must keep a copy of the lease at the General Manager's office.
(4) As long as any land or premises that are subject to the lease continue to be part of the parliamentary precincts, any person may send to the General Manager a written application to inspect the lease; and in that case the General Manager must give the applicant a reasonable opportunity to inspect the lease during ordinary business hours at the General Manager's office.
(1) The House of Representatives may from time to time, by resolution,—
(a) add any land or premises to the parliamentary precincts; or
(b) exclude from the parliamentary precincts any land or premises that are part of the parliamentary precincts by virtue of this Act.
(2) The House of Representatives may at any time revoke, vary, or modify a resolution under subsection (1).
(3) No land or premises may be added under this section to the parliamentary precincts unless the Crown or the Parliamentary Corporation holds, on the date on which the resolution takes effect, an interest in the land or premises.
(4) Any resolution made under subsection (1) must be printed and published in accordance with the Acts and Regulations Publication Act 1989, but is not a regulation for the purposes of the Regulations (Disallowance) Act 1989.
(1) The control and administration of the whole of the parliamentary precincts is vested in the Speaker on behalf of the House of Representatives, whether Parliament is in session or not.
(2) The Speaker and every person authorised by the Speaker for the purpose has and may exercise, in respect of every part of the parliamentary precincts, all the powers of an occupier under the Trespass Act 1980.
(1) There is a corporation called the Parliamentary Corporation.
(2) The Parliamentary Corporation is a body corporate with perpetual succession and a common seal, and has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity.
(3) The Parliamentary Corporation may exercise its powers only for the purpose of performing its functions.
(4) Subsection (2) is subject to section 31.
The Parliamentary Corporation has the following functions:
(a) to facilitate transactions relevant to the duties of the Parliamentary Service:
(b) to acquire, hold, and dispose of interests in land and other assets for parliamentary purposes.
(1) The Parliamentary Corporation consists of the following:
(a) the Speaker:
(b) the General Manager:
(c) 2 members of the Parliamentary Service Commission (other than the Speaker) appointed by the Commission.
(2) A member of the Corporation who holds office under subsection (1)(c) ceases to be a member if one of the following events occurs:
(a) the Parliamentary Service Commission revokes the appointment of the member or appoints, instead of that member, another person:
(b) the member ceases to be a member of the Parliamentary Service Commission.
(3) Despite subsection (2)(b), a member of the Corporation who holds office under subsection (1)(c) immediately before the dissolution or expiry of Parliament continues to hold office until the first meeting of the House of Representatives after the general election of its members.
(4) A member of the Corporation who holds office under subsection (1)(c) may, by written notice to the chairperson of the Corporation, resign the office at any time.
(1) For the purpose of performing its functions, the Parliamentary Corporation may do any or all of the following:
(a) enter into deeds, contracts, or arrangements—
(i) to purchase, take on lease, sub-lease, licence, or sub-licence any land or buildings or parts of buildings, or to acquire any other interest in land, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
(ii) to sell, transfer, assign, or otherwise dispose of any lease, or other interest in land or buildings or parts of buildings, whether or not subject to a mortgage, charge, lease, easement, or restrictive covenant or other encumbrance:
(iii) to erect, alter, rebuild, or add to any building:
(iv) to develop or improve any land:
(v) to instal partitioning in any building or part of a building:
(vi) to fit out any building or part of a building:
(b) grant leases, tenancies, sub-leases, licences, or sub-licences over land or buildings or parts of buildings held by the Parliamentary Corporation, and create easements and restrictive covenants over such land or buildings, and accept surrenders or partial surrenders of interests granted by the Corporation:
(c) incur other obligations relevant to the duties and functions of the Parliamentary Service.
(2) This section does not limit the generality of section 27.
Compare: 1985 No 128 s 6A
The Parliamentary Corporation has no power to borrow money.
Schedule 4 applies in relation to the Parliamentary Corporation.
When there is a vacancy in the office of Speaker or when the Speaker is (for whatever reason) absent from duty, the functions, duties, and powers of the Speaker under this Act or the Public Finance Act 1989 are to be exercised or performed by the Deputy Speaker.
(1) The Speaker may delegate to a specified person any function, duty, or power (other than this power of delegation) that the Speaker has under this Act.
(2) A delegation must be in writing and signed by the Speaker.
(3) A delegate must exercise or perform functions, duties, or powers—
(a) in accordance with any condition attaching to the delegation and any general or special direction given by the Speaker; but
(b) otherwise in the same manner and with the same effect as if they had been conferred or imposed on the delegate directly by this Act.
(4) Every person purporting to act under a delegation is, in the absence of proof to the contrary, to be regarded as acting in accordance with the terms of the delegation.
(1) The Speaker is not prevented from exercising or performing any function, duty, or power delegated under section 34.
(2) The Speaker may revoke a delegation at any time by written notice to the delegate.
(3) A delegation continues in force according to its tenor until it is revoked.
(4) If the person who made the delegation ceases to hold office as Speaker, the delegation continues to have effect as if made,—
(a) until the election of the next Speaker, by the Deputy Speaker; and
(b) after that election, by the next Speaker.
Heading: inserted, on 1 January 2011, by section 8 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
(1) This section applies if the Parliamentary Service makes a payment against a claim to an entitlement to funding for parliamentary purposes and it is subsequently determined that the person or recognised party in respect of whom the payment was made did not have an entitlement to that funding under section 3B.
(2) If this section applies, the Parliamentary Service may recover from the person or recognised party, as a debt due to the Parliamentary Service, the amount paid.
Section 35A: inserted, on 1 January 2011, by section 8 of the Parliamentary Service Amendment Act 2010 (2010 No 138).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
(1) The enactments specified in Schedule 5 are repealed.
(2) Without limiting the provisions of the Interpretation Act 1999, it is declared that the repeal of the Parliamentary Service Amendment Act 1991 does not affect the rights that any person has by virtue of section 9 of that Act.
Schedule 1 |
(1) The General Manager of the Parliamentary Service is appointed by the Governor-General on the recommendation of a committee consisting of—
(a) the Speaker, who chairs the committee constituted under this clause:
(b) a member of the Parliamentary Service Commission appointed for the purpose by the Leader of the House:
(c) a member of the Parliamentary Service Commission appointed for the purpose by the Leader of the Opposition:
(d) the State Services Commissioner:
(e) not more than 2 additional members appointed by the members specified in paragraphs (a) to (d), if those members decide, in a particular case, that the exercise of the power conferred by this paragraph is appropriate.
(2) The committee may examine applicants and seek advice from any sources it considers relevant.
(3) At every meeting of the committee,—
(a) each matter must be decided by a majority of the votes recorded on it; and
(b) the person presiding has a deliberative vote and, if the votes are equal, also has a casting vote.
(4) The committee—
(a) may from time to time invite any person it thinks fit to assist it in its deliberations; and
(b) may, except as otherwise specified in this clause, regulate its own procedure.
Compare: 1985 No 128 s 35(2)–(6)
No person may be appointed as the General Manager of the Parliamentary Service unless the vacancy has been notified in a manner that the Speaker thinks sufficient to enable suitably qualified persons to apply for the position.
Compare: 1985 No 128 s 36
(1) The remuneration of the General Manager is determined from time to time by the Remuneration Authority under the Remuneration Authority Act 1977.
(2) The terms and conditions of employment of the General Manager (other than remuneration) are determined from time to time by the State Services Commissioner with the agreement of the Speaker.
Compare: 1988 No 126 s 8
Schedule 1 clause 3(1): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).
(1) The General Manager is appointed for a term of 5 years; but is eligible for reappointment from time to time.
(2) When the term for which a person has been appointed as General Manager expires, that person, unless sooner vacating or removed from office under clause 5, continues to hold office until—
(a) that person is reappointed; or
(b) a successor to that person is appointed.
Compare: 1988 No 126 s 10
The State Services Commissioner may, with the agreement of the Speaker, for just cause or excuse, remove the General Manager from office.
Compare: 1985 No 128 s 36B
(1) When there is a vacancy in the position of General Manager or when the General Manager is (for whatever reason) absent from duty, the functions, duties, and powers of the General Manager must be exercised or performed by a person whom the Speaker directs to exercise those functions, duties, and powers.
(2) A person whom the Speaker directs must be an employee of the Parliamentary Service or an employee of a department.
(3) The Speaker may give a direction before the occurrence of any vacancy or absence referred to in subclause (1) or while the vacancy or absence continues.
(4) No direction and no act done by a person acting under a direction given under this clause may, in a proceeding, be questioned on the ground that the occasion for the direction had not arisen or had ceased or on the ground that the person had not been appointed to a position to which the direction relates.
Compare: 1985 No 128 s 34
(1) The provisions of Parts 5, 6, and 8 of the State Sector Act 1988 apply in respect of employment within the Parliamentary Service as if—
(a) the Service were a department; and
(b) all references to the chief executive were references to the General Manager.
(2) Nothing in any other Part of the State Sector Act 1988 applies in respect of the Service or persons employed in the Service.
(3) Subclause (2) is subject to clause 15.
(4) Despite section 68 of the State Sector Act 1988, the General Manager is responsible for negotiating a collective agreement under the Employment Relations Act 2000 and the General Manager must consult with the State Services Commissioner about the conditions of employment to be included in the collective agreement.
Compare: 1985 No 128 s 39
Schedule 1 clause 7(4): added, on 25 January 2005, by section 18 of the State Sector Amendment Act (No 2) 2004 (2004 No 114).
(1) The General Manager may delegate to a specified employee, or to employees of a specified class, of the Parliamentary Service any function, duty, or power (other than this power of delegation) that the General Manager can exercise—
(a) under an enactment; or
(b) under a delegation made under an enactment.
(2) A delegation must be in writing and signed by the General Manager.
(3) A delegate must exercise or perform the functions, duties, or powers delegated—
(a) in accordance with any condition attaching to the delegation and any general or special direction given by the General Manager; but
(b) otherwise in the same manner and with the same effect as if they had been conferred or imposed on the delegate directly by this Act.
(4) Every person appearing to act under a delegation is, in the absence of proof to the contrary, to be regarded as acting in accordance with the terms of the delegation.
Compare: 1985 No 128 s 31(1)–(4)
(1) The General Manager is not prevented from exercising or performing any function, duty, or power delegated under clause 8.
(2) The General Manager may revoke a delegation at any time by written notice to the delegate.
(3) A delegation continues in force according to its tenor until it is revoked.
(4) If the person who made the delegation ceases to hold office as General Manager, the delegation continues to have effect as if made,—
(a) until the appointment of the next General Manager, by the person acting as General Manager; and
(b) after that appointment, by the next General Manager.
Compare: 1985 No 128 s 31(5), (6)
For the purposes of the Government Superannuation Fund Act 1956, service as an employee of the Parliamentary Service is Government service.
Compare: 1985 No 128 s 44
The Parliamentary Library forms part of the Parliamentary Service.
Compare: 1985 No 128 s 49
(1) The general function of the Parliamentary Library is to provide to the persons specified in subclause (2) the library, information, research, and reference services required by the General Manager.
(2) The Parliamentary Library must provide the services referred to in subclause (1) to the following persons:
(a) members of Parliament:
(b) officers of the House of Representatives:
(c) officers of Parliament:
(d) staff of the Parliamentary Service or of any office of Parliament:
(e) persons employed within Parliament Buildings (including the Executive Wing):
(f) any other person or class of person approved from time to time by the Speaker.
Compare: 1951 No 128 s 50
(1) The head of the Parliamentary Library (called the Parliamentary Librarian) is an employee of the Parliamentary Service.
(2) Before appointing a person to the position of Parliamentary Librarian, the General Manager must consult with any committee, established under clause 8 of Schedule 2, that is responsible for providing advice on the Parliamentary Library.
(3) The holder of the position of Parliamentary Librarian is responsible to the General Manager.
Compare: 1985 No 128 s 51
The Parliamentary Service Commission is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.
Schedule 1 clause 14: substituted, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).
(1) The State Services Commissioner may from time to time, at the request of the Speaker, exercise in respect of the Parliamentary Service any of the functions conferred on the State Services Commissioner by section 6 of the State Sector Act 1988.
(2) For the purposes of this clause, section 6 of the State Sector Act 1988 applies, with all necessary modifications, as if—
(a) the Service were a department; and
(b) the General Manager of the Service were the chief executive of that department.
Compare: 1988 No 126 s 17
All assets and liabilities of the Parliamentary Corporation must be treated as the assets and liabilities of the Parliamentary Service for each of the following purposes:
(a) the audit of the Service:
(b) the information that is required to be provided by the Service under section 14 or section 15 of the Public Finance Act 1989:
(c) the reports and information required to be prepared under the Public Finance Act 1989:
(d) any other matter done under, or in connection with, the Public Finance Act 1989.
Schedule 1 clause 16(b): substituted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
Schedule 1 clause 16(c): substituted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
Schedule 2 |
(1) Meetings of the Parliamentary Service Commission are held at times and places appointed from time to time by the Commission or its chairperson.
(2) The chairperson, or any 3 members, may at any time call a special meeting. When the membership of the Commission consists of the persons specified in section 18, 1 member of the Commission may call a special meeting at any time.
Compare: 1985 No 128 s 11(1), (2)
(1) At all meetings of the Parliamentary Service Commission, the chairperson, if present, presides.
(2) If the chairperson is absent from a meeting and there is no deputy appointed under clause 7 attending for the chairperson, the members present must appoint one of their number to be the chairperson of that meeting.
Compare: 1985 No 128 s 11(3)
(1) At all meetings of the Parliamentary Service Commission held during the term of a Parliament, the number of members required for a quorum is determined by the number of recognised parties represented in the House of Representatives, as follows:
(a) if there is an even number of such parties, the quorum is half that number plus 1:
(b) if there is an odd number of such parties, the quorum is half that number, rounded up to the nearest whole number.
(2) The quorum determined in accordance with subclause (1) must include at least 1 member who is a member of a recognised party in Opposition.
(3) At all meetings of the Commission that are held while the Commission consists of the persons specified in section 18, 2 members form a quorum.
(1) Each question arising at any meeting of the Parliamentary Service Commission is decided by a majority of the valid votes recorded on the question.
(2) The manner of voting at meetings of the Commission must be in accordance with clause 5 or clause 6, as the case may require.
Compare: 1985 No 128 s 11(4)
(1) This clause applies to every meeting of the Parliamentary Service Commission that is held during the term of a Parliament.
(2) When a question is voted on at a meeting, all votes are cast on behalf of recognised parties.
(3) A member of the Commission who votes at a meeting on behalf of a recognised party casts as many votes as there are members of the House of Representatives who belong to that party.
(4) A member of the Commission may vote at a meeting only if the member is authorised by a recognised party, either generally or for the particular meeting, to vote on behalf of that party.
(5) The fact that a member of the Commission votes at a meeting on behalf of a recognised party is, unless the contrary is shown, sufficient evidence of that member's authority to vote on behalf of that party at that meeting.
At a meeting held while the Parliamentary Service Commission consists of the persons specified in section 18, each of those persons has 1 vote, and, if the votes are equal, the chairperson or other person presiding also has a casting vote.
Compare: 1985 No 128 s 11(5)
(1) A member of the Parliamentary Service Commission may, by notice in writing, appoint a member of Parliament to attend 1 or more meetings of the Commission as the deputy of that member.
(2) No person who holds office as a Minister of the Crown or as a Parliamentary Under-Secretary may be appointed as the deputy of a member of the Commission who holds office under section 15(1)(d).
(3) The appointment of a deputy ceases if—
(a) the person who appointed the deputy, by written notice, revokes the appointment; or
(b) the person who appointed the deputy ceases to be a member of the Commission.
(4) For the purposes of a meeting that a deputy attends in the place of a member, the deputy—
(a) has and may exercise all the rights, privileges, and duties of that member; and
(b) is to be regarded as a member of the Commission.
(5) The powers conferred by this clause may not be exercised at any time while the Commission consists of the persons specified in section 18.
Compare: 1985 No 128 s 9(1), (2), (2A)
(1) The Parliamentary Service Commission may from time to time appoint competent persons, whether members of the Commission or not, to be a committee or committees to assist the Commission on any matter within the scope of its functions.
(2) Subject to the provisions of this Act and to any general or special directions of the Commission, any committee appointed under this clause may regulate its procedure in any manner it thinks fit.
Compare: 1985 No 128 s 13
(1) The Speaker may commission 1 or more experts to make any inquiries or conduct any research or prepare any reports that may be necessary for the efficient performance of the Parliamentary Service Commission's functions.
(2) The Speaker must consult with the Commission before doing so.
Compare: 1985 No 128 s 17
Subject to the provisions of this Act, the Parliamentary Service Commission may regulate its procedure and exercise its functions in any manner it thinks fit.
Compare: 1985 No 128 s 15
As soon as practicable after the end of each year ending with 30 June, the Parliamentary Service Commission must prepare and present to the House of Representatives a report on its activities during that year.
Compare: 1985 No 128 s 18
Schedule 3 |
All that parcel of land containing 4.5592 hectares, more or less, being Section 1, S.O. Plan 38114 and shown on S.O. Plan 38114 as—
| Area | Former description | ||
|---|---|---|---|
| A | 423 m2 | Part Section 505, Town of Wellington | |
| B | 19 m2 | Part Section 505, Town of Wellington | |
| C | 2651 m2 | Part Section 526, Town of Wellington | |
| D | 3616 m2 | Part Section 527, Town of Wellington | |
| E | 60 m2 | Part Section 528, Town of Wellington | |
| F | 79 m2 | Closed road | |
| G | 737 m2 | Part Section 1, S.O. Plan 20883 | |
| H | 1209 m2 | Part Section 2, S.O. Plan 20883 | |
| I | 244 m2 | Part Section 3, S.O. Plan 20883 | |
| J | 613 m2 | Section 1, S.O. Plan 20910 | |
| K | 1.1072 ha | Section 1210, Town of Wellington | |
| L | 2.2793 ha | Section 1211, Town of Wellington | |
| M | 13 m2 | Section 1, S.O. Plan 28137 | |
| N | 30 m2 | Section 2, S.O. Plan 28137 | |
| O | 2033 m2 | Part Section 2, S.O. Plan 36836 | |
Schedule 4 |
(1) The Speaker is the chairperson of the Corporation.
(2) When there is a vacancy in the office of Speaker, or when the Speaker is (for whatever reason) absent from duty, the Deputy Speaker is the chairperson of the Corporation.
(1) The General Manager is the chief executive of the Corporation.
(2) The chief executive may appoint an employee of the Parliamentary Service to be the Secretary of the Corporation.
(1) Meetings of the Corporation are held at times and places appointed by the Corporation or by the chairperson of the corporation.
(2) Every meeting of the Corporation requires the presence of—
(a) the chairperson or a deputy appointed, under clause 5, by the chairperson; and
(b) the General Manager or a deputy appointed, under clause 5, by the General Manager; and
(c) 1 member appointed under section 29(1)(c) or a deputy appointed, under clause 5, by such a member.
(1) At all meetings of the Corporation, the chairperson, if present, presides.
(2) If the chairperson is absent from a meeting and there is no deputy, appointed under clause 5 by the chairperson, the members present must appoint one of their number to be the chairperson of that meeting.
(1) A member of the Corporation may, by notice in writing, appoint a person to attend 1 or more meetings of the Corporation as the deputy of that member.
(2) The appointment of a deputy ceases if—
(a) the person who appointed the deputy, by written notice, revokes the appointment; or
(b) the person who appointed the deputy ceases to be a member of the Corporation.
(3) For the purposes of a meeting that a deputy attends in the place of a member, the deputy—
(a) has and may exercise all the rights, privileges, and duties of that member; and
(b) is to be regarded as a member of the Corporation.
(1) If the members of the Corporation cannot reach consensus on a question, the question must be decided by a majority of the votes cast.
(2) Each member has 1 vote and, if the votes are equal, the chairperson or other person presiding also has a casting vote.
(1) A resolution in writing signed or assented to by letter, telegram, telex, fax message, or electronic message by all members of the Corporation is as valid and effective as if it had been passed at a meeting of the Corporation duly called and constituted.
(2) Any such resolution may consist of several documents that are similar in form, each signed or appearing to have been sent by 1 or more members.
Subject to the provisions of this Act, the Corporation may regulate its procedure and exercise its functions in any manner that it thinks fit.
(1) The Corporation must provide for the safe custody of the common seal of the Corporation, which must be in a form that the Corporation decides.
(2) The common seal may be used only by the authority of a resolution of the Corporation, and each document to which the seal is affixed must, subject to subclauses (3) and (4), be signed by 2 members of the Corporation.
(3) A member of Parliament may sign, in the place of the Speaker, a document to which the common seal is affixed if that member is authorised by a delegation, given under section 34, to sign the document or documents of that kind.
(4) An employee of the Parliamentary Service may sign, in the place of the General Manager, a document to which the common seal is affixed if that employee is authorised by a delegation, given under clause 8 of Schedule 1, to sign the document or documents of that kind.
(5) The seal of the Corporation must be judicially noticed in all courts and for all purposes.
(1) A contract or other enforceable obligation may be entered into by the Corporation as follows:
(a) an obligation that, if entered into by a natural person, would be required to be by deed must be entered into on behalf of the Corporation in writing under the common seal of the Corporation:
(b) an obligation that, if entered into by a natural person, would be required to be in writing may be entered into on behalf of the Corporation in writing by a person acting under the Corporation's express or implied authority:
(c) an obligation that, if entered into by a natural person, would not be required to be in writing may be entered into on behalf of the Corporation in writing or orally by a person acting under the Corporation's express or implied authority.
(2) Subclause (1)(b) and (c) do not prevent the Corporation from entering into any obligation in accordance with paragraph (a) of that subclause.
(3) Despite subclause (1), no obligation entered into by or on behalf of the Corporation, under the authority of a general or specific resolution of the Corporation, is invalid only because the obligation was not entered into in accordance with this clause.
The Corporation must keep a record of all decisions made by the Corporation, but need not keep financial records or produce financial statements in respect of the Corporation.
Schedule 5 |
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Parliamentary Service Act 2000. The reprint incorporates all the amendments to the Act as at 1 January 2011, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ 
.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
Parliamentary Service Amendment Act 2010 (2010 No 138)
Electoral (Administration) Amendment Act 2010 (2010 No 26): section 32(1)(b)
Parliamentary Service Amendment Act 2008 (2008 No 57)
State Sector Amendment Act (No 2) 2004 (2004 No 114): section 18
Public Finance Amendment Act 2004 (2004 No 113): section 37(1)
Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54): section 4(1)
Public Audit Act 2001 (2001 No 10): section 53
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