Public Service Act 2020

Coat of Arms of New Zealand

Public Service Act 2020

Public Act
 
2020 No 40
Date of assent
 
6 August 2020
Commencement
 
see section 2

Contents

1Title
2Commencement
3Purposes of this Act
4Guide to this Act
5Interpretation
6References to departments in enactments
7Circumstances where section 6 does not apply
8Transitional, savings, and related provisions
9Act binds the Crown
10Public service defined
11Purpose
12Public service principles
13Spirit of service to community
14Crown’s relationships with Māori
15Who responsibilities are owed to, how these apply, and reporting to Commissioner
16Public service values
17Commissioner may set minimum standards of integrity and conduct
18Agencies must comply with minimum standards unless exception granted
19Guidance on integrity and conduct
20Required content of guidance on political neutrality
21Status of minimum standards and guidance
22Rights and freedoms of public service employees
23Establishment and reorganisations of departments and departmental agencies
24Functions, duties, and powers and working arrangements of departmental agencies
25Purposes
26Establishment and reorganisations of interdepartmental executive boards
27Responsibilities, powers, and working arrangements of interdepartmental executive boards
28Members of board responsible to appropriate Minister
29Selection of board members and designation of chairperson
30Limit on role of independent advisers
31Operating procedures to be published
32Purposes
33Establishment and reorganisations of interdepartmental ventures
34Responsibilities and powers of boards of interdepartmental ventures
35Members of board responsible to appropriate Minister
36Members of board and designation of chairperson
37Operating procedures to be published
38Purpose and effect of joint operational agreements
39Establishment of joint operational agreements
40Implementation and limit on enforceability
41Termination of joint operational agreements
42Public Service Commissioner
43Commissioner’s role
44Commissioner’s general functions
45Duty to act independently when making decisions about public service chief executives
46Other functions and powers of Commissioner in Schedule 3
47Deputy Public Service Commissioners
48Other terms and conditions of appointment in Schedule 4
49Commissioner is chief executive of Commission
50Advisory committees
51Public service chief executives
52General responsibilities of chief executives of departments and departmental agencies
53Functional chief executives
54Duty to act independently in employment matters
55Working arrangements between functional chief executives and host departments
56System leaders
57Standards and guidance
58Other provisions in Schedules 6 and 7
59Public service leadership team
60Purposes of public service leadership team
61Commissioner must develop and implement leadership strategy
62Guidance
63Responsibilities of chief executives and boards
64Secondments
65Interpretation
66Public service employees: departments
67Public service employees: interdepartmental ventures
68Public service employees: departmental agencies
69Public service employees: interdepartmental executive boards
70Ministerial staff
71Appointments subject to review
72Appointments on merit
73Chief executive of department and board of an interdepartmental venture to be good employer
74Commissioner’s functions include promoting, developing, and monitoring equal employment opportunities
75Chief executives and boards to promote diversity and inclusiveness
76Application of Employment Relations Act 2000 to public service
77Personal grievances and disputes
78Negotiation of collective agreements
79Collective agreements
80Delegation of Commissioner’s functions and powers to negotiate collective agreements
81Pay equity claims
82Commissioner to enter negotiations in consultation with affected department or interdepartmental venture
83Agreement in relation to pay equity claim binding on chief executive or board affected
84Delegation of Commissioner’s functions and powers to negotiate pay equity claim
85Other employment provisions in Schedule 8
86Power to transfer employees between public service agencies
87No redundancy payment for employee transferred under section 86
88Other restrictions on redundancy payments
89Certain provisions not to apply in relation to transfer or offer of alternative position
90Application of section 91
91Employment in public service continuous for purpose of certain enactments
92Liability of public service agencies for remediation in relation to application of section 91
93Further provision in relation to application of section 91 to annual holidays
94Regulations relating to treatment of employment as continuous under section 91
95Commissioner’s functions in relation to this Part
96Commissioner may draft and submit Government workforce policy to Minister
97Government workforce policy: content
98Rights, obligations, etc, not affected by Government Workforce Policy Statement
99Government workforce policy: approval by Minister
100Government Workforce Policy Statement: process
101Government Workforce Policy Statement: implementation
102Request for information does not limit other enactments
103Offence to solicit or attempt to influence public service leaders
104Immunity for chief executives and employees
105Reorganisations within public service
106Amendments to Clerk of the House of Representatives Act 1988
107Section 17 amended (Functions of State Services Commissioner in relation to Office)
108Section 22 amended (Review of appointments)
109Section 26 amended (Negotiation of conditions of employment)
110Amendments to Crown Organisations (Criminal Liability) Act 2002
111Amendments to Official Information Act 1982
112Amendments to Ombudsmen Act 1975
113Section 2 amended (Interpretation)
114Section 13 amended (Functions of Ombudsmen)
115Section 32 amended (Power to amend Schedule 1 by Order in Council)
116Schedule 1 amended
117Amendments to Parliamentary Service Act 2000
118Amendments to Privacy Act 1993
119Section 2 amended (Interpretation)
120Section 3 amended (Information held by agency)
121Section 23 amended (Privacy officers)
122Section 96C amended (Interpretation)
123New section 120A inserted (Responsibility under this Part for interdepartmental executive board)
120AResponsibility under Parts 5 and 8 for interdepartmental executive board
124Amendments to Privacy Act 2020
125Section 7 amended (Interpretation)
126Section 10 amended (Personal information held by agency if held by officer, employee, or member of agency)
127Section 138 amended (Interpretation)
128Section 201 amended (Privacy officers)
129New section 201A inserted (Responsibility under this Part for interdepartmental executive board)
201AResponsibility under Parts 4 to 6 for interdepartmental executive board
130Amendment to State Sector (Ministry for Primary Industries) Order 2012
131Amendment to State Sector (New Zealand Food Safety Authority) Order 2010
132Repeals
133Repeal of certain provisions of this Act
134Legislative instruments revoked
135Consequential amendments to enactments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: