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:

1 Title

This Act is the Public Service Act 2020.

2 Commencement

(1)

Section 90 comes into force on a date set by Order in Council.

(2)

Section 133(1) comes into force immediately after the expiry of the 6-month period that starts on the date of Royal assent.

(3)

The rest of this Act comes into force on the day after the date of Royal assent.

Part 1 Preliminary provisions

Subpart 1—Provisions for operation of Act

3 Purposes of this Act

The purposes of this Act are—

(a)

to continue the public service and modernise its operation, while recognising and enhancing the non-legislative conventions that it operates under:

(b)

to set out the shared purpose, principles, and values of the public service and the people working in it:

(c)

to establish organisational forms and ways of working, including across public service agencies, to achieve better outcomes for the public:

(d)

to extend some provisions of this Act that apply to the public service to other State services and other areas of government:

(e)

to affirm that the fundamental characteristic of the public service is acting with a spirit of service to the community.

Compare: 1988 No 20 s 1A

4 Guide to this Act

(1)

The provisions of this Act apply mainly to the public service, which includes public service agencies and Crown agents (for the latter, this is for the purposes of subparts 2 and 4 of Part 1). Some provisions of this Act also apply to other State services or specified agencies in other State services and some provisions apply to other areas of government. Some provisions apply to Crown agents as part of the public service (see section 10) and other provisions apply to Crown agents as part of the State services.

(2)

Part 1 defines the public service and contains provisions relating to the purpose of the public service, the public service principles, acting with a spirit of service to the community, the Crown’s relationships with Māori, the public service values, minimum standards of integrity and conduct, and the New Zealand Bill of Rights Act 1990.

(3)

Part 2 describes the 4 different types of public service agencies. These are departments, departmental agencies, interdepartmental executive boards, and interdepartmental ventures.

(4)

Part 3 describes the people working in the public service and their roles and functions. These people are the Public Service Commissioner, Deputy Public Service Commissioners, public service chief executives (who include functional chief executives), and employees who make up the public service workforce. Part 3 also includes provisions relating to system leaders, the public service leadership team, the public service leadership strategy, and secondments.

(5)

Part 4 relates to the Government’s workforce policy.

(6)

Part 5 contains a miscellaneous group of provisions. These include a provision making it an offence to solicit or attempt to improperly influence public service leaders and a provision that provides immunity for good-faith actions or omissions by public service chief executives and employees.

(7)

Parts 6 and 7 contain provisions that repeal, revoke, and amend enactments to give effect to changes made by this Act across the statute book.

(8)

This guide is for explanation only and does not affect the provisions referred to in it.

5 Interpretation

In this Act, unless the context otherwise requires,—

appropriate Minister, in relation to a public service agency, functional chief executive, or system leader, means—

(a)

the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for that agency, chief executive, or system leader; or

(b)

if 2 or more Ministers of the Crown, under the authority of any warrant or with the authority of the Prime Minister,—

(i)

are responsible for different functions of that agency, chief executive, or system leader, the Minister responsible for the relevant function of the agency, chief executive, or system leader; or

(ii)

are jointly responsible for that agency, chief executive, or system leader, both or all of those Ministers

collective agreement means an agreement that is binding on—

(a)

1 or more unions; and

(b)

1 or more employers; and

(c)

2 or more employees

Commission means the Public Service Commission

Commissioner means the Public Service Commissioner appointed under section 42

conditions of employment

(a)

includes remuneration; but

(b)

does not include—

(i)

allowances payable to employees serving outside New Zealand; or

(ii)

other conditions of service of employees serving outside New Zealand

Crown agent means a statutory entity named in Part 1 of Schedule 1 of the Crown Entities Act 2004

Crown entity has the meaning given in section 7 of the Crown Entities Act 2004

Crown Research Institute means a Crown Research Institute established under the Crown Research Institutes Act 1992, or a Crown entity subsidiary of a Crown Research Institute (within the meaning of the Crown Entities Act 2004)

department means any of the agencies listed in Part 1 of Schedule 2 (see also the extended definition of departments in sections 26(3) and 33(3) and see also sections 6 and 7 in relation to references in other enactments)

departmental agency means any of the agencies that are listed in the first column of the table in Part 2 of Schedule 2, and that are each part of the corresponding host department stated in the second column of that table

Deputy Commissioner means a Deputy Public Service Commissioner appointed under section 47

education service has the same meaning as in section 10(7) of the Education and Training Act 2020

employee, in relation to State services,—

(a)

means an employee in any State services agency, whether paid by salary, wages, or otherwise; but

(b)

does not include any chief executive

employee of a department or employee of the department has the meaning given in section 65

employee of an interdepartmental venture or employee of the interdepartmental venture has the meaning given in section 65

employment agreement

(a)

means a contract of service; and

(b)

includes an employee’s terms and conditions of employment in—

(i)

a collective agreement; or

(ii)

a collective agreement together with any additional terms and conditions of employment; or

(iii)

an individual employment agreement

fees framework means the framework determined by the Government for the classification and remuneration of statutory and other bodies in which the Crown has an interest

functional chief executive means a chief executive appointed under section 51(5) to a particular functional chief executive role (see section 51(3) and Schedule 5)

host department means the host department of a departmental agency or a functional chief executive

individual employment agreement means an employment agreement that is binding on only 1 employer and 1 employee who is not bound by a collective agreement that binds the employer

interdepartmental executive board means any of the agencies that are listed in the first column of the table in Part 3 of Schedule 2, and that are serviced by the corresponding department stated in the third column of that table

interdepartmental venture means any of the agencies listed in the first column of the table in Part 4 of Schedule 2

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

ministerial staff means employees who are employed on events-based employment agreements or any other fixed-term employment agreement—

(a)

by the department or interdepartmental venture that is responsible for the employment of ministerial staff across all Ministers’ offices; and

(b)

to work directly for a Minister in a Minister’s office rather than in a public service agency

Example

Minister A’s ministerial staff includes some staff on events-based agreements.

An event that could terminate the events-based agreements of those staff is if Minister A no longer held a ministerial portfolio.

Office of Parliament has the meaning given in section 2(1) of the Public Finance Act 1989

public service has the meaning given in section 10

public service agency means any of the agencies listed in section 10(a)

public service chief executive or chief executive means (subject to clause 11 of Schedule 7 relating to the Commissioner and the Solicitor-General) a chief executive of a department or departmental agency or a functional chief executive (see also the extended definition of chief executives in sections 29(7) and 36(5))

public service employee,—

(a)

for the purposes of sections 13 and 22, means employees who work in public service agencies and Crown agents:

(b)

for all other purposes in this Act, has the meaning given in section 65

public service leader means the Commissioner, a Deputy Commissioner, or a public service chief executive, and public service leaders means all people holding those roles at the relevant point in time

public service leadership team means the leadership team established under section 59

public service principles means the principles set out in section 12

public service values means the values set out in section 16

remuneration includes—

(a)

salary, wages, and other payments, whether in the form of bonuses or otherwise, in return for services; and

(b)

benefits and other emoluments (whether in money or not) in return for services

State services

(a)

means all instruments of the Crown in respect of the Executive Government of New Zealand, whether public service agencies, bodies corporate, agencies, or other instruments; and

(b)

includes Crown entities; and

(c)

includes organisations named or described in Schedule 4, and companies named in Schedule 4A, of the Public Finance Act 1989; and

(d)

includes the education service; but

(e)

does not include—

(i)

the Governor-General; or

(ii)

members of the Executive Council; or

(iii)

Ministers of the Crown; or

(iv)

members of Parliament; or

(v)

organisations listed in Schedule 1 of the State-Owned Enterprises Act 1986; or

(vi)

tertiary education institutions; or

(vii)

Offices of Parliament; or

(viii)

the Office of the Clerk of the House of Representatives; or

(ix)

the Parliamentary Service

tertiary education institution has the same meaning as institution in section 10(1) of the Education and Training Act 2020

union means a union registered under Part 4 of the Employment Relations Act 2000.

Compare: 1988 No 20 ss 2, 27A(1)

6 References to departments in enactments

(1)

A reference in any other enactment to a department (however worded) includes—

(a)

an interdepartmental venture; and

(b)

a departmental agency; and

(c)

an interdepartmental executive board.

(2)

A reference in any other enactment to a chief executive of a department (however worded) includes—

(a)

the board of an interdepartmental venture; and

(b)

the chief executive of a departmental agency; and

(c)

an interdepartmental executive board.

(3)

This section may apply even if the enactment expressly refers to the definition of department in this Act or in section 5.

7 Circumstances where section 6 does not apply

(1)

Section 6 does not apply if—

(a)

the enactment containing the reference provides otherwise; or

(b)

the context of the enactment containing the reference requires a different interpretation; or

(c)

the definition of department in the Legislation Act 2019 applies.

(2)

The Governor-General may, by Order in Council, specify in relation to any particular enactment that all or any of the provisions of section 6(1) and (2) do not apply.

(3)

An Order in Council under this section is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

8 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Compare: 1988 No 20 s 2B

9 Act binds the Crown

This Act binds the Crown.

Subpart 2—Public service defined, purpose, public service principles, and spirit of service to community

Public service defined

10 Public service defined

In this Act, the public service

(a)

means public service agencies, which are—

(i)

departments:

(ii)

departmental agencies:

(iii)

interdepartmental executive boards:

(iv)

interdepartmental ventures; and

(b)

includes Crown agents for the purposes of this subpart and subpart 4 of this Part.

Compare: 1988 No 20 s 27

Purpose, public service principles, and spirit of service to the community

11 Purpose

The public service supports constitutional and democratic government, enables both the current Government and successive governments to develop and implement their policies, delivers high-quality and efficient public services, supports the Government to pursue the long-term public interest, facilitates active citizenship, and acts in accordance with the law.

Compare: 1988 No 20 s 1A

12 Public service principles

(1)

In order to achieve the purpose in section 11, the public service principles are:

Politically neutral

(a)

to act in a politically neutral manner; and

Free and frank advice

(b)

when giving advice to Ministers, to do so in a free and frank manner; and

Merit-based appointments

(c)

to make merit-based appointments (unless an exception applies under this Act); and

Open government

(d)

to foster a culture of open government; and

Stewardship

(e)

to proactively promote stewardship of the public service, including of—

(i)

its long-term capability and its people; and

(ii)

its institutional knowledge and information; and

(iii)

its systems and processes; and

(iv)

its assets; and

(v)

the legislation administered by agencies.

(2)

Public service chief executives are responsible for—

(a)

upholding the public service principles when carrying out their responsibilities and functions; and

(b)

ensuring that the agencies they lead or carry out some functions within also do so.

(3)

Interdepartmental executive boards are responsible for upholding the public service principles when carrying out their responsibilities and functions.

(4)

The boards of interdepartmental ventures are responsible for—

(a)

upholding the public service principles when carrying out their responsibilities and functions; and

(b)

ensuring that the interdepartmental ventures they lead also do so.

(5)

A chief executive, an interdepartmental executive board, and a board of an interdepartmental venture are responsible only to the Commissioner for carrying out the responsibility to uphold the public service principles under subsections (2) to (4).

(6)

Boards of Crown agents are responsible for ensuring that the entities they govern uphold the public service principles when carrying out their functions.

(7)

The responsibility of a board of a Crown agent under subsection (6) is a collective duty of the board under the Crown Entities Act 2004 that is owed only to the responsible Minister in accordance with section 58 of that Act.

13 Spirit of service to community

(1)

The fundamental characteristic of the public service is acting with a spirit of service to the community.

(2)

Public service leaders, interdepartmental executive boards, boards of interdepartmental ventures, and boards of Crown agents must preserve, protect, and nurture the spirit of service to the community that public service employees bring to their work.

(3)

The responsibility of a board of a Crown agent under subsection (2) is a collective duty of the board under the Crown Entities Act 2004 that is owed only to the responsible Minister in accordance with section 58 of that Act.

Subpart 3—Crown’s relationships with Māori

14 Crown’s relationships with Māori

(1)

The role of the public service includes supporting the Crown in its relationships with Māori under the Treaty of Waitangi (te Tiriti o Waitangi).

(2)

The public service does so by the Commissioner, public service chief executives, interdepartmental executive boards, and boards of interdepartmental ventures having responsibility for—

(a)

developing and maintaining the capability of the public service to engage with Māori and to understand Māori perspectives:

(b)

in the employment area,—

(i)

in the case of the Commissioner, recognising the matters listed in section 73(3)(d) in the development and implementation of the leadership strategy under section 61:

(ii)

in the cases of chief executives and boards, operating an employment policy that meets the requirements of section 73(3)(d).

15 Who responsibilities are owed to, how these apply, and reporting to Commissioner

(1)

A person or board is responsible under section 14,—

(a)

in the case of the Commissioner, only to the Minister:

(b)

in the case of a chief executive who leads a department or departmental agency or a functional chief executive, only to the appropriate Minister for the agency or functional chief executive:

(c)

in the case of an interdepartmental executive board or a board of an interdepartmental venture, only to the appropriate Minister for the board or venture.

(2)

A person or board has the responsibilities in section 14,—

(a)

in the case of the Commissioner, in relation to the Commissioner’s functions and responsibilities:

(b)

in the case of a chief executive who leads a department or departmental agency, in relation to the operation of that agency:

(c)

in the case of a functional chief executive, in relation to their particular functions:

(d)

in the case of an interdepartmental executive board or a board of an interdepartmental venture, in relation to the operation of that board or venture.

(3)

Chief executives, interdepartmental executive boards, and boards of interdepartmental ventures must report to the Commissioner on progress made towards achieving the responsibilities listed in section 14(2) at intervals required by the Commissioner.

Subpart 4—Public service values, minimum standards of integrity and conduct, and New Zealand Bill of Rights Act 1990

Public service values and minimum standards of integrity and conduct

16 Public service values

(1)

The public service values are to seek—

Impartial

(a)

to treat all people fairly, without personal favour or bias:

Accountable

(b)

to take responsibility and answer for its work, actions, and decisions:

Trustworthy

(c)

to act with integrity and be open and transparent:

Respectful

(d)

to treat all people with dignity and compassion and act with humility:

Responsive

(e)

to understand and meet people’s needs and aspirations.

(2)

The public service values are given effect to only through minimum standards set by the Commissioner.

17 Commissioner may set minimum standards of integrity and conduct

(1)

The Commissioner may set minimum standards of integrity and conduct, including standards relating to—

(a)

the public service values:

(b)

the public service principles.

(2)

Those minimum standards may apply in or to—

(a)

the public service (including Crown agents):

(b)

Crown entities (other than Crown agents and excluding tertiary education institutions, and Crown Research Institutes and their subsidiaries):

(c)

companies named in Schedule 4A of the Public Finance Act 1989:

(d)

the Parliamentary Counsel Office.

(3)

The Commissioner may vary the application of minimum standards, as the Commissioner thinks fit, in light of the legal, commercial, or operational context, in or to any of the following:

(a)

1 or more of the agencies in the categories listed in subsection (2):

(b)

particular individuals or groups in 1 or more of those agencies who—

(i)

are carrying out particular functions:

(ii)

are a board:

(iii)

are board members:

(iv)

are office holders:

(v)

are chief executives:

(vi)

are employees:

(vii)

are individuals working as contractors or secondees.

(4)

When applying or varying the application of a minimum standard, the Commissioner must consult on the proposed content of that standard with all agencies in or to which it will apply.

(5)

Minimum standards and variations must be in writing but may be set out in any form that the Commissioner thinks fit.

(6)

All minimum standards must be notified to the agencies in or to which they apply and, if the Commissioner varies the application of a standard in any case, the variation must also be notified to the agency concerned.

(7)

The Commissioner may also provide advice to agencies in the State services (except Crown Research Institutes and their subsidiaries) on matters that affect the integrity and conduct of individuals (including, for example, the interpretation of minimum standards in particular cases).

Compare: 1988 No 20 s 57

18 Agencies must comply with minimum standards unless exception granted

(1)

Agencies, individuals, and groups must comply with the minimum standards set under section 17 that apply to them.

(2)

However, an agency covered by section 17(2)(b) to (d) may be granted an exception from complying with a particular standard by—

(a)

the Commissioner; or

(b)

the appropriate Minister, however, the exception does not operate until a copy of it has been given to the Commissioner.

(3)

An exception must be in writing.

(4)

This section does not prevent an agency, an individual, or a group from applying to themselves additional or detailed standards that are consistent with the standards set by the Commissioner.

Compare: 1988 No 20 s 57A

19 Guidance on integrity and conduct

(1)

The Commissioner may issue guidance on integrity and conduct for the agencies referred to in section 17(2) and the people who work in them.

(2)

The guidance may relate to minimum standards set under section 17 but is not limited to the subject matter of those standards.

(3)

Guidance must be in writing and notified to the agencies in or to which it applies.

20 Required content of guidance on political neutrality

(1)

If guidance issued under section 19 includes guidance on the public service principle of political neutrality, the guidance must address—

(a)

the right to freedom of expression; and

(b)

the responsibilities of individuals who have obligations as a member of a profession.

(2)

In this section, profession means an occupational group with a registration requirement under an Act for the individuals who work or practise in the occupational group.

21 Status of minimum standards and guidance

Minimum standards and guidance issued under this subpart are neither legislative instruments nor disallowable instruments for the purposes of the Legislation Act 2012 and do not have to be presented to the House of Representatives under section 41 of that Act.

New Zealand Bill of Rights Act 1990

22 Rights and freedoms of public service employees

(1)

This section acknowledges that public service employees have all the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 in accordance with the provisions of that Act.

(2)

Accordingly, that Act (along with any other enactment that provides for the exercise or enforcement of those rights and freedoms, including the Human Rights Act 1993) applies to a public service employee exercising or seeking to enforce those rights and freedoms.

Part 2 Public service agencies and joint operational agreements

Subpart 1—Public service agencies

Departments and departmental agencies

23 Establishment and reorganisations of departments and departmental agencies

(1)

The Governor-General may, by Order in Council,—

(a)

if a department or a departmental agency is established or disestablished or if its name is changed, insert an item into, or repeal or amend an item in, Part 1 or 2 of Schedule 2:

(b)

if the host department, or the name of the host department, of a departmental agency is changed, amend an item in Part 2 of Schedule 2:

(c)

if a working arrangement referred to in section 24(2) will apply to a departmental agency (whether new or existing) or no longer applies, amend columns 3 or 4 of the table in Part 2 of Schedule 2, as appropriate.

(2)

An order relating to the establishment of a departmental agency must—

(a)

identify the department that will be the host department of the departmental agency; and

(b)

if either or both of the working arrangements referred to in section 24(2) apply to the departmental agency, state which apply.

(3)

The making of an order under this section does not remove the need for a department or departmental agency established by an Act to be disestablished or have its name changed by an Act.

Compare: 1988 No 20 s 30A

24 Functions, duties, and powers and working arrangements of departmental agencies

(1)

The functions, duties, and powers of a new or an existing departmental agency may be determined or altered by the appropriate Minister for the agency and the appropriate Minister for its host department, except as provided in this Act or another enactment.

(2)

Those Ministers may also decide that 1 or both of the following working arrangements will apply to a new or an existing departmental agency or will no longer apply:

(a)

the chief executive of the departmental agency may operate outside the strategic and policy framework of the host department:

(b)

the chief executive of the departmental agency may manage assets and liabilities.

(3)

The Ministers may decide that a working arrangement will apply only if they are reasonably satisfied that this is necessary or desirable for the agency to perform its functions or will no longer apply only if they are reasonably satisfied that this is no longer the case.

(4)

Other working arrangements between a departmental agency and its host department must be agreed between the respective chief executives and agreed by the Commissioner.

(5)

A host department must provide corporate services to a departmental agency, except to the extent that any variation is agreed between the chief executives of both agencies.

(6)

See section 52(2) and (3), which relates to the responsibilities of the 2 chief executives for the functions, duties, and powers of their respective agencies.

Compare: 1988 No 20 s 27B

Interdepartmental executive boards

25 Purposes

The purposes of interdepartmental executive boards are—

(a)

to align and co-ordinate strategic policy, planning, and budgeting activities for 2 or more departments with responsibilities in a subject matter area:

(b)

to support those departments to undertake priority work in the subject matter area:

(c)

to support cross-department initiatives in the subject matter area.

26 Establishment and reorganisations of interdepartmental executive boards

(1)

The Governor-General may, by Order in Council,—

(a)

if an interdepartmental executive board is established or disestablished or if its name is changed, insert an item into, or repeal or amend an item in, Part 3 of Schedule 2:

(b)

if the servicing department, or the name of the servicing department, of a board is changed, amend an item in Part 3 of Schedule 2:

(c)

if the departments in a board’s remit change or the name of a department in the remit is changed, remove or insert the name of a department from or into, or amend an item in, Part 3 of Schedule 2.

(2)

An order relating to the establishment of a board must—

(a)

state the name of the board; and

(b)

list the departments with responsibilities in the subject matter area in which the board will work (the board’s remit); and

(c)

identify the department that will be the servicing department of the board; and

(d)

when establishing a board for the first time, delete the words immediately below the table in Part 3 of Schedule 2.

(3)

In section 25 and subsections (1)(c) and (2)(b), departments means departments, departmental agencies, the New Zealand Police, and the New Zealand Defence Force.

Compare: 1988 No 20 s 30A

27 Responsibilities, powers, and working arrangements of interdepartmental executive boards

(1)

The following sections apply to an interdepartmental executive board as if it were a chief executive (with any necessary modifications, for example, any reference to a host department must be read as a reference to a servicing department):

(a)

section 52(1) (relating to general responsibilities of chief executives):

(b)

section 54(1)(b) and (2) (relating to the duty to act independently in employment matters):

(c)

clause 1 of Schedule 6 (relating to general powers of chief executives):

(d)

clauses 2 to 4 of Schedule 6 (relating to delegation of functions and powers):

(e)

clauses 5 and 6 of Schedule 6 (relating to delegation of functions and powers of appropriate Minister):

(f)

clause 7 of Schedule 6 (relating to functions, responsibilities, duties, and powers under other Acts):

(g)

other provisions in this Act that expressly apply.

(2)

A board may delegate administrative tasks to its servicing department, and clauses 2 to 4 of Schedule 6 apply to a delegation.

(3)

See section 52(4) and (5), which relates to the responsibilities of the chief executive of the servicing department of an interdepartmental executive board for the performance of functions and duties, and the exercise of powers, of the board.

Compare: 1988 No 20 ss 28, 29, 32, 33, 34(2), 41, 42

28 Members of board responsible to appropriate Minister

The members of an interdepartmental executive board are jointly responsible to the appropriate Minister for the operation of the board.

29 Selection of board members and designation of chairperson

(1)

The Commissioner must select the members of an interdepartmental executive board from the chief executives of the departments that are included in the board’s remit. The board need not include all of those chief executives.

(2)

The Commissioner must designate 1 of the members as the chairperson of the board.

(3)

The Commissioner may also appoint 1 or more independent advisers (who are not chief executives of departments) to the board.

(4)

The power to select, designate, or appoint persons under this section includes the power to remove them and the power to select, designate, or appoint a replacement.

(5)

Before taking any action under this section, the Commissioner—

(a)

must invite the Minister and the appropriate Minister to identify any matters that the Commissioner must take into account when doing so:

(b)

may seek advice from other sources that the Commissioner thinks are relevant.

(6)

Clause 12 of Schedule 3 relates to the remuneration of independent advisers, which is to be set by the Commissioner.

(7)

In this section, chief executives means the chief executives of departments and departmental agencies, the Commissioner of Police, and the Chief of Defence Force.

Compare: 1988 No 20 s 35

30 Limit on role of independent advisers

Independent advisers do not have any decision-making authority on an interdepartmental executive board.

31 Operating procedures to be published

An interdepartmental executive board must publish its operating procedures on an Internet site maintained by, or on behalf of, the board.

Interdepartmental ventures

32 Purposes

The purposes of interdepartmental ventures are—

(a)

to deliver services or carry out regulatory functions that relate to the responsibilities of 2 or more departments:

(b)

to assist to develop and implement operational policy relating to those services or regulatory functions.

33 Establishment and reorganisations of interdepartmental ventures

(1)

The Governor-General may, by Order in Council,—

(a)

if an interdepartmental venture is established or disestablished or if its name is changed, insert an item into, or repeal or amend an item in, Part 4 of Schedule 2:

(b)

if the relevant departments of an interdepartmental venture are changed, or the name of a relevant department is changed, remove or insert the name of a department from or into, or amend an item in, Part 4 of Schedule 2.

(2)

An order relating to the establishment of a venture must—

(a)

state the name of the venture; and

(b)

list the departments with responsibilities that relate to the services or regulatory functions that will be delivered or carried out by the venture (the relevant departments); and

(c)

when establishing a venture for the first time, delete the words immediately below the table in Part 4 of Schedule 2.

(3)

In section 32 and this section, departments means departments, departmental agencies, the New Zealand Police, and the New Zealand Defence Force.

Compare: 1988 No 20 s 30A

34 Responsibilities and powers of boards of interdepartmental ventures

The following sections apply to a board of an interdepartmental venture as if it were a chief executive (with any necessary modifications):

(a)

section 52(1) (relating to general responsibilities of chief executives):

(b)

section 54(1)(a) and (2) (relating to the duty to act independently in employment matters):

(c)

clause 1 of Schedule 6 (relating to general powers of chief executives):

(d)

clauses 2 to 4 of Schedule 6 (relating to delegation of functions and powers):

(e)

clauses 5 and 6 of Schedule 6 (relating to delegation of functions and powers of appropriate Minister):

(f)

clause 7 of Schedule 6 (relating to functions, responsibilities, duties, and powers under other Acts):

(g)

other provisions in this Act that expressly apply.

Compare: 1988 No 20 ss 28, 29, 32, 33, 34(2), 41, 42

35 Members of board responsible to appropriate Minister

The members of the board of an interdepartmental venture are jointly responsible to the appropriate Minister for the operation of the board.

36 Members of board and designation of chairperson

(1)

The members of the board of an interdepartmental venture are the chief executives of all the relevant departments.

(2)

The Commissioner must designate 1 of the members as the chairperson of the board.

(3)

The power to designate a chairperson under this section includes the power to remove them and the power to designate a replacement.

(4)

Before taking any action under this section, the Commissioner—

(a)

must invite the Minister and the appropriate Minister to identify any matters that the Commissioner must take into account when doing so:

(b)

may seek advice from other sources that the Commissioner thinks are relevant.

(5)

In this section, chief executives means the chief executives of departments and departmental agencies, the Commissioner of Police, and the Chief of Defence Force.

Compare: 1988 No 20 s 35

37 Operating procedures to be published

The board of an interdepartmental venture must publish its operating procedures on an Internet site maintained by, or on behalf of, the venture.

Subpart 2—Joint operational agreements

38 Purpose and effect of joint operational agreements

(1)

The purpose of joint operational agreements is to provide a formal structure for co-operative and collaborative working arrangements between public service agencies.

(2)

Sections 39 to 41 do not limit the ability of agencies to enter into informal working arrangements.

39 Establishment of joint operational agreements

(1)

Two or more chief executives or boards of public service agencies may enter into a joint operational agreement for their agencies to work together to achieve stated goals.

(2)

Before executing an agreement under this section, the chief executives or boards must obtain the agreement of the Commissioner.

(3)

The agreement must not purport to—

(a)

alter the responsibilities that exist between the chief executives or boards and the appropriate Ministers; or

(b)

alter the responsibilities of those chief executives or boards for employees, funding, assets, or liabilities.

40 Implementation and limit on enforceability

(1)

The chief executives or boards who are parties to a joint operational agreement must take reasonable steps to provide sufficient resources to achieve the stated goals of the agreement.

(2)

The agreement is enforceable only as a matter for which a chief executive or board is accountable for their actions to the Commissioner or the appropriate Minister.

41 Termination of joint operational agreements

A joint operational agreement may be terminated—

(a)

by provision in the agreement itself; or

(b)

by agreement of the chief executives or boards who are parties to it; or

(c)

at the direction of the Commissioner.

Part 3 People working in public service

Subpart 1—Public Service Commission leaders and advisory committees

Public Service Commissioner and Deputy Public Service Commissioners

42 Public Service Commissioner

(1)

A Public Service Commissioner must be appointed by the Governor-General on the recommendation of the Prime Minister.

(2)

Before making a recommendation, the Prime Minister must consult with the leader of each political party represented in the House of Representatives.

Compare: 1988 No 20 s 3

43 Commissioner’s role

(1)

The Commissioner acts as the Head of Service by providing leadership of the public service, including of its agencies and workforce and by oversight of the performance and integrity of the system.

(2)

The Commissioner also provides leadership, as described in subsection (1), for other State services, and other agencies, in the ways provided in this Act.

Compare: 1988 No 20 s 4A

44 Commissioner’s general functions

The Commissioner’s general functions are to—

(a)

establish and lead a public service leadership team so that public service agencies work as a system to deliver better services to, and achieve better outcomes for, the public; and

(b)

promote integrity, accountability, and transparency throughout agencies in the State services, including by setting standards and issuing guidance; and

(c)

work with public service leaders to develop a highly capable workforce that reflects the diversity of the society it serves and to ensure fair and equitable employment, including by promoting the good employer requirements in this Act; and

(d)

act as the employer of public service chief executives, including by—

(i)

appointing chief executives and reviewing their performance, including how they carry out their responsibilities and functions under this Act or another enactment; and

(ii)

to the extent relevant in each case, reviewing the performance of the public service agency that the chief executive leads or carries out some functions within; and

(e)

review the design and operation of the system of government agencies in order to advise the Minister or the appropriate Minister on the following matters:

(i)

possible improvements to delivery of services and inter-agency cohesion:

(ii)

agency establishments, disestablishments, and amalgamations:

(iii)

the governance and allocation of functions, and the transfer of functions to and between agencies; and

(f)

carry out any other administrative and management functions in relation to the public service that the Prime Minister from time to time directs (not being functions conferred by this Act or another enactment on a chief executive appointed by the Commissioner).

Compare: 1988 No 20 s 6

45 Duty to act independently when making decisions about public service chief executives

(1)

When making decisions about individual chief executives, the Commissioner is not responsible to the Minister and must act independently.

(2)

The independence required by subsection (1) does not apply to clauses 3, 4, 6, 7, and 8 of Schedule 7 (relating to appointment, reappointment, transfer, conditions of employment, and removal from office of chief executives).

Compare: 1988 No 20 s 5

46 Other functions and powers of Commissioner in Schedule 3

Schedule 3 sets out other functions and powers of the Commissioner.

47 Deputy Public Service Commissioners

(1)

Two Deputy Public Service Commissioners must be appointed by the Governor-General on the recommendation of the Prime Minister.

(2)

Before making a recommendation, the Prime Minister must consult with the leader of each political party represented in the House of Representatives.

(3)

Subject to the control of the Commissioner, a Deputy Commissioner has and may perform or exercise all the functions, duties, and powers of the Commissioner.

(4)

The Commissioner may assign to either or both of the Deputy Commissioners responsibilities to achieve objectives in 1 or more subject matter areas.

(5)

If the office of Commissioner is vacant or the Commissioner is absent from duty for any reason and no acting Commissioner has been appointed under clause 2 of Schedule 4, the Deputy Commissioner who has held the role longer must act as Commissioner.

(6)

The fact that a Deputy Commissioner performs or exercises any function, duty, or power of the Commissioner is, in the absence of proof to the contrary, conclusive evidence of their authority to do so.

Compare: 1988 No 20 s 12

48 Other terms and conditions of appointment in Schedule 4

Schedule 4 sets out other terms and conditions of appointment of the Commissioner and Deputy Commissioners.

Chief executive of Public Service Commission

49 Commissioner is chief executive of Commission

(1)

The Commissioner is the chief executive of the Commission.

(2)

The Commissioner may delegate all or part of the chief executive role to a Deputy Commissioner or other person.

(3)

A Deputy Commissioner who has been delegated all or part of the chief executive role retains their office as a Deputy Commissioner.

(4)

Clauses 2 to 4 of Schedule 6 apply to a delegation under this section.

Compare: 1988 No 20 s 4

Advisory committees

50 Advisory committees

(1)

The Commissioner may appoint 1 or more advisory committees to assist with carrying out any of the Commissioner’s functions.

(2)

The Commissioner may authorise an advisory committee to make inquiries, conduct research, or make reports to assist with the efficient carrying out of the Commissioner’s functions.

(3)

When deciding on the membership of an advisory committee, the Commissioner must have due regard to the nature of the community interest in the particular matter or matters to be addressed by that advisory committee.

(4)

Clause 13 of Schedule 3 relates to the remuneration of advisory committee members, which is to be set by the Commissioner.

Compare: 1988 No 20 s 21

Subpart 2—Public service chief executives, system leaders, and public service leadership team

Public service chief executives

51 Public service chief executives

(1)

Each department and departmental agency must have a chief executive to lead it.

(2)

Each chief executive is to be known—

(a)

by the designation fixed by an Act of Parliament for that chief executive; or

(b)

if paragraph (a) does not apply, by the designation given to that chief executive by the Commissioner.

(3)

The Governor-General may, by Order in Council,—

(a)

if a functional chief executive role is established or disestablished or if the designation of the role is changed, insert, repeal, or amend an item in Schedule 5:

(b)

if the host department, or the name of the host department, of a functional chief executive is changed, amend an item in Schedule 5.

(4)

An order relating to the establishment of a functional chief executive role must—

(a)

state the designation of the functional chief executive role; and

(b)

identify the department that will be the host department for the role; and

(c)

set out the particular functions of the role to be carried out within the host department; and

(d)

when establishing a functional chief executive role for the first time, delete the words immediately below the table in Schedule 5.

(5)

If a functional chief executive role is established, the Commissioner must appoint a person to that role.

(6)

See the provisions of Schedule 7, which apply to the appointment and performance review of chief executives, but see also clause 11 of that schedule, which makes special provision for the Commissioner as chief executive of the Commission and the Solicitor-General as chief executive of the Crown Law Office.

Compare: 1988 No 20 ss 30A, 31

52 General responsibilities of chief executives of departments and departmental agencies

(1)

A chief executive of a department or departmental agency is responsible to the appropriate Minister for—

(a)

improving ways of working across public service agencies; and

(b)

their agency’s responsiveness on matters relating to the collective interests of government; and

(c)

the operation of their agency, including in carrying out the purpose of the public service under section 11; and

(d)

supporting that Minister to act as a good steward of the public interest, including by—

(i)

maintaining public institutions, assets, and liabilities; and

(ii)

maintaining the currency of any legislation administered by their agency; and

(iii)

providing advice on the long-term implications of policies; and

(e)

the performance of the functions and duties and the exercise of the powers of the chief executive or of their agency (whether those functions, duties, or powers are imposed or conferred by an enactment or by the policies of the Government); and

(f)

giving advice to Ministers; and

(g)

the integrity and conduct of the employees for whom the chief executive is responsible; and

(h)

the efficient and economical delivery of the goods or services provided by the agency and how effectively those goods or services contribute to the intended outcomes.

(2)

The chief executive of a department is not responsible for the performance of functions or duties, or the exercise of powers, of or by that part of the department that is a departmental agency hosted by the department unless expressly provided in this Act or another enactment.

(3)

The chief executive of a departmental agency is responsible for the performance of functions and duties, and the exercise of powers, by that part of the department that is the departmental agency only and not any functions, duties, or powers of the host department unless expressly provided in this Act or another enactment.

(4)

The chief executive of a servicing department of an interdepartmental executive board is not responsible for the performance of functions or duties, or the exercise of powers, of or by the board unless provided in an enactment or delegated to the department under section 27.

(5)

However, if the chief executive of a servicing department is also a member of the board they also have full responsibilities as a member of the board.

Compare: 1988 No 20 s 32

53 Functional chief executives

(1)

Section 52(1) applies to a functional chief executive (with any necessary modifications).

(2)

However, they are responsible to the appropriate Minister for the responsibilities listed to the extent only that those responsibilities are relevant to their particular functions.

(3)

A functional chief executive—

(a)

is responsible for carrying out their particular functions within the host department only, and not any other functions of the host department unless expressly provided in this Act:

(b)

has other responsibilities, functions, and powers of chief executives under this Act to the extent only that any of these are relevant to their particular functions.

(4)

The chief executive of a department is not responsible for the performance of functions or duties, or the exercise of powers, of or by a functional chief executive hosted by the department unless expressly provided in this Act.

Compare: 1988 No 20 s 32(2)

54 Duty to act independently in employment matters

(1)

Despite section 52(1), when making decisions about individual employees (including relating to the appointment, promotion, demotion, transfer, disciplining, or the cessation of the employment of an employee),—

(a)

the chief executive of a department is not responsible to the appropriate Minister and must act independently; and

(b)

the chief executive of a departmental agency is not responsible to the appropriate Minister or to the chief executive of the host department and must act independently.

(2)

The independence required by subsection (1) is subject to the requirement in section 70 that a chief executive have regard to the wishes of the relevant Minister when making decisions about ministerial staff.

Compare: 1988 No 20 s 33

55 Working arrangements between functional chief executives and host departments

Working arrangements between a functional chief executive and their host department must be agreed between the 2 chief executives and agreed by the Commissioner.

Compare: 1988 No 20 s 27B

System leaders

56 System leaders

(1)

The Commissioner may designate a public service chief executive as a system leader to lead and co-ordinate best practice in a particular subject matter area across the whole or part of the State services.

(2)

System leaders are responsible to the appropriate Minister for achieving agreed outcomes.

57 Standards and guidance

(1)

If the appropriate Minister agrees, a system leader may set standards relating to the particular subject matter area that they lead and co-ordinate.

(2)

A system leader may also issue guidance relating to that particular subject matter area.

(3)

The standards and guidance must be in writing.

(4)

Those standards apply only in or to public service agencies.

(5)

Chief executives must ensure that the agencies that they lead or carry out some functions within implement the standards that apply in or to them.

(6)

Guidance issued by a system leader applies in or to all State services.

Other provisions in schedules

58 Other provisions in Schedules 6 and 7

(1)

Schedule 6 sets out other functions and powers of public service chief executives.

(2)

Schedule 7 contains provisions relating to the appointment and performance review of public service chief executives.

Public service leadership team

59 Public service leadership team

The Commissioner must establish a public service leadership team with the following members:

(a)

all chief executives of departments; and

(b)

the 2 Deputy Commissioners; and

(c)

1 or more persons from 1 or more of the following categories, as the Commissioner thinks fit:

(i)

chief executives of departmental agencies:

(ii)

functional chief executives:

(iii)

chief executives of Crown agents:

(iv)

the Commissioner of Police:

(v)

the Chief of Defence Force.

60 Purposes of public service leadership team

The public service leadership team—

(a)

provides strategic leadership that contributes to an effective and cohesive public service; and

(b)

works together co-operatively and models leadership behaviours; and

(c)

assists its members to fulfil their responsibilities under this Act.

Subpart 3—Senior leadership and management capability

61 Commissioner must develop and implement leadership strategy

(1)

The Commissioner must develop and implement a strategy for the development of senior leadership and management capability in the public service (the leadership strategy) and do so in consultation with public service leaders.

(2)

The Commissioner must ensure that the leadership strategy meets the needs both of agencies and the public service, including allowing for flexible deployment of senior leaders.

(3)

The Commissioner may promote the leadership strategy to other State services, and may invite them to assist to develop and implement the leadership strategy.

Compare: 1988 No 20 ss 46, 47

62 Guidance

The Commissioner may issue guidance to assist public service chief executives, interdepartmental executive boards, boards of interdepartmental ventures, and (if applicable) chief executives and boards that lead other State services, to implement the leadership strategy.

63 Responsibilities of chief executives and boards

(1)

A chief executive or board of a public service agency must—

(a)

develop the senior leadership and management capability of the employees in their agency; and

(b)

flexibly deploy senior leaders in their agency to contribute to meeting the needs of the public service.

(2)

All chief executives must assist the Commissioner to develop a leadership strategy under section 61.

(3)

A chief executive or board that is the employer of staff in a public service agency (including under delegation) must appoint and deploy senior leaders having regard to the leadership strategy.

Compare: 1988 No 20 s 48

64 Secondments

(1)

The Commissioner may arrange for a public service employee to be seconded elsewhere in the public service (with the agreement of the employee and the relevant chief executives or boards) for the purposes of 1 or more of the following:

(a)

developing senior leadership and management capability in the public service:

(b)

meeting a need of a particular agency:

(c)

meeting a need of the public service.

(2)

Section 72 (relating to merit appointments)—

(a)

does not apply to a secondment under subsection (1)(a):

(b)

applies to secondments under subsection (1)(b) and (c).

(3)

Clauses 1 and 5 of Schedule 8 (relating to notifying vacancies and reviewing appointments) do not apply to secondments under subsection (1)(a) to (c).

(4)

This section does not limit the ability of chief executives to arrange secondments of employees within the public service for the reasons listed in subsection (1) or for other reasons and to do so without reference to the Commissioner.

Compare: 1988 No 20 s 49

Subpart 4—Public service workforce

Public service employees

65 Interpretation

For the purposes of this Act,—

employee of a department or employee of the department means a person appointed to a position as an employee in a department

employee of an interdepartmental venture or employee of the interdepartmental venture means a person appointed to a position as an employee in an interdepartmental venture

public service employee means an employee of a department or an employee of an interdepartmental venture.

66 Public service employees: departments

In relation to the functions, duties, and powers of a department, the chief executive of the department—

(a)

may appoint to the public service the employees (including employees on fixed-term employment agreements) that the chief executive thinks necessary; and

(b)

may, subject to any conditions of employment included in the employment agreement applying to an employee, at any time remove that employee from their office or employment; and

(c)

has, except as expressly provided to the contrary in this Act, the rights, duties, and powers of the employer of the employees.

Compare: 1988 No 20 s 59(1)

67 Public service employees: interdepartmental ventures

In relation to the functions, duties, and powers of an interdepartmental venture, the board of the interdepartmental venture—

(a)

may appoint to the public service the employees (including employees on fixed-term employment agreements) that the board thinks necessary; and

(b)

may, subject to any conditions of employment included in the employment agreement applying to an employee, at any time remove that employee from their office or employment; and

(c)

has, except as expressly provided to the contrary in this Act, the rights, duties, and powers of the employer of the employees.

Compare: 1988 No 20 s 59(1)

68 Public service employees: departmental agencies

(1)

In relation to employees of a host department who perform the functions or duties or exercise the powers of a departmental agency, the chief executive of the host department is treated as—

(a)

having delegated to the chief executive of the departmental agency the rights, duties, and powers described in the following provisions:

(i)

section 66(a) and (b) (power to appoint and remove employees); and

(ii)

section 77(a) and (c) (personal grievances and certain other employment relationship problems); and

(iii)

section 72 (appointments on merit); and

(iv)

section 86 (power to transfer employees); and

(v)

section 88 (other restrictions of redundancy payments); and

(vi)

section 89 (certain provisions not to apply in relation to transfer or offer of alternative position); and

(vii)

clause 1 of Schedule 8 (obligation to notify vacancies); and

(viii)

clause 2 of Schedule 8 (acting appointments); and

(ix)

clause 3 of Schedule 8 (evidence of appointments); and

(x)

clause 4 of Schedule 8 (obligation to notify appointments); and

(xi)

clause 6 of Schedule 8 (medical examinations); and

(xii)

clause 7 of Schedule 8 (application of collective agreements to employees following reorganisations); and

(xiii)

clauses 8 to 11 of Schedule 8 (application of employee provisions to transfers of functions between Crown entities and public service agencies); and

(b)

not having those rights, duties, and powers in relation to those employees.

(2)

The chief executive of a departmental agency has the rights and duties and may exercise the powers referred to in subsection (1) in the same manner, subject to the same restrictions, and with the same effect as if they had been conferred on that chief executive directly by this Act.

Compare: 1988 No 20 s 59(2), (3)

69 Public service employees: interdepartmental executive boards

Section 68 applies in relation to employees of a servicing department who perform the functions or duties or exercise the powers of an interdepartmental executive board—

(a)

as if—

(i)

references to the chief executive of a host department were references to the chief executive of the servicing department; and

(ii)

references to the chief executive of a departmental agency were references to the interdepartmental executive board; and

(b)

with any other necessary modifications.

Compare: 1988 No 20 s 59(2), (3)

70 Ministerial staff

(1)

The chief executive of a department or an interdepartmental venture that is responsible for the employment of ministerial staff across all Ministers’ offices must have regard to the wishes of the relevant Minister when engaging ministerial staff.

(2)

Section 72 does not apply to ministerial staff.

Compare: 1988 No 20 ss 59(5), 66

71 Appointments subject to review

Appointments under any of sections 66 to 69 (except appointments of ministerial staff) are provisional pending the outcome of a review under clause 5 of Schedule 8.

Compare: 1988 No 20 s 59(4)

72 Appointments on merit

When making an appointment under this Act, a chief executive or board must give preference to the person who is best suited to the position.

Compare: 1988 No 20 s 60

Good employer requirements

73 Chief executive of department and board of an interdepartmental venture to be good employer

(1)

A chief executive of a department and a board of an interdepartmental venture must—

(a)

operate an employment policy that complies with the principle of being a good employer; and

(b)

make that policy (including the equal employment opportunities programme) available to its employees; and

(c)

ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report on the extent of its compliance.

(2)

See also section 75 (which relates to promoting diversity and inclusiveness).

(3)

In this section, a good employer is an employer who operates an employment policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including for—

(a)

the impartial selection of suitably qualified people for appointment (except in the case of ministerial staff); and

(b)

good and safe working conditions; and

(c)

an equal employment opportunities programme; and

(d)

recognition of—

(i)

the aims and aspirations of Māori; and

(ii)

the employment requirements of Māori; and

(iii)

the need for greater involvement of Māori in the public service; and

(e)

opportunities for the enhancement of the abilities of individual employees; and

(f)

recognition of the aims and aspirations, employment requirements, and the cultural differences of ethnic and minority groups; and

(g)

recognition of the employment requirements of women; and

(h)

recognition of the employment requirements of people with disabilities; and

(i)

recognition of the importance of achieving pay equity between female and male employees; and

(j)

recognition of the importance of decisions about remuneration being free from bias including, but not limited to, gender bias.

(4)

The chief executive of a departmental agency, or an interdepartmental executive board,—

(a)

is entitled to use a policy developed by their host or servicing department (and need not develop their own); but

(b)

in relation to employees carrying out the functions of the departmental agency or interdepartmental board, has the same duty under this section as the chief executive of a department.

Compare: 1988 No 20 s 56(1), (2)

74 Commissioner’s functions include promoting, developing, and monitoring equal employment opportunities

(1)

The Commissioner’s functions include promoting, developing, and monitoring equal employment opportunities programmes and policies for the public service.

(2)

In this section and section 73, equal employment opportunities programme means a programme that is aimed at identifying and eliminating all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality with respect to the employment of a person or group of persons.

Compare: 1988 No 20 s 58

Promoting diversity and inclusiveness

75 Chief executives and boards to promote diversity and inclusiveness

(1)

A chief executive of a department and a board of an interdepartmental venture must—

(a)

be guided by the principle that the group comprising all public service employees should reflect the makeup of society; and

(b)

in employment policies and practices, foster a workplace that is inclusive of all groups.

(2)

A chief executive of a departmental agency, or an interdepartmental executive board,—

(a)

is entitled to use policies and practices developed by their host or servicing department (and need not develop their own); but

(b)

in relation to employees carrying out the functions of the departmental agency or interdepartmental board, has the same duty under this section as the chief executive of a department.

Application of Employment Relations Act 2000 to public service

76 Application of Employment Relations Act 2000 to public service

(1)

The Employment Relations Act 2000 applies to the public service.

(2)

Subsection (1) is subject to any exceptions provided in this Act.

Compare: 1988 No 20 s 67

77 Personal grievances and disputes

Despite sections 78, 79, and 81 to 83,—

(a)

in relation to a personal grievance, the employer is the chief executive of the department or the board of the interdepartmental venture; and

(b)

in relation to a dispute about the interpretation, application, or operation of a collective agreement, the employer is the chief executive of the department or the board of the interdepartmental venture acting, if the Commissioner so requires, together with or in consultation with the Commissioner; and

(c)

in relation to any other employment relationship problem (within the meaning of the Employment Relations Act 2000), the employer is the chief executive of the department or the board of the interdepartmental venture.

Compare: 1988 No 20 s 69

Negotiation of collective agreements

78 Negotiation of collective agreements

(1)

The Commissioner is responsible for negotiating under the Employment Relations Act 2000 all collective agreements that apply to any department or interdepartmental venture as if the Commissioner were the employer.

(2)

For the purposes of initiating bargaining for a collective agreement, good-faith bargaining for a collective agreement, and entering into collective agreements,—

(a)

the Commissioner has the same rights, duties, and obligations under the Employment Relations Act 2000 as the Commissioner would have if the Commissioner were the employer; and

(b)

employees of each affected department or interdepartmental venture are to be treated as if they were all employees of the Commissioner.

(3)

The Commissioner must conduct the negotiations—

(a)

with a union of which the employees are members; and

(b)

in consultation with the chief executive or board of each affected department or interdepartmental venture.

Compare: 1988 No 20 s 68(1)–(3)

79 Collective agreements

(1)

Every collective agreement negotiated in accordance with section 78 must be entered into between—

(a)

the Commissioner; and

(b)

a union of which the employees to whom the collective agreement applies are members.

(2)

Every collective agreement entered into between the Commissioner and a union and relating to a department or an interdepartmental venture is binding on—

(a)

the chief executive of the department or the board of the interdepartmental venture; and

(b)

the employees of the department or interdepartmental venture who are or become members of the union and whose work comes within the coverage clause in the collective agreement.

(3)

An employer who is bound by a collective agreement under subsection (2) has the same rights, duties, and obligations that that employer would have, in respect of that collective agreement, under the Employment Relations Act 2000 as if that employer were a party to that agreement.

(4)

Subsection (3) applies except as provided in this section or section 78.

Compare: 1988 No 20 s 68(4)–(6)

80 Delegation of Commissioner’s functions and powers to negotiate collective agreements

(1)

The Commissioner may, under clause 6 of Schedule 3, delegate to a chief executive of a department or the board of an interdepartmental venture the Commissioner’s functions and powers under section 78.

(2)

The delegation may be subject to—

(a)

a direction or condition requiring the chief executive or board to negotiate in consultation with any other chief executive of a department or board of an interdepartmental venture with the aim of achieving consistent terms and conditions of employment for a specified group of employees; or

(b)

any other directions or conditions that the Commissioner thinks fit in order to foster consistent terms and conditions of employment across public service agencies.

(3)

Subsection (2) does not limit the directions or conditions the Commissioner may specify in relation to the delegation.

Compare: 1988 No 20 s 70

Pay equity claims

81 Pay equity claims

(1)

The Commissioner is responsible in accordance with this section for negotiating all pay equity claims as if the Commissioner were the employer.

(2)

When a pay equity claim is raised with the chief executive of a department or the board of an interdepartmental venture, the chief executive or board must, as soon as practicable, give notice in writing of the pay equity claim to the Commissioner.

(3)

The Commissioner’s responsibility under this section arises in relation to the pay equity claim—

(a)

on the date on which the Commissioner receives notice under subsection (2); or

(b)

on any later date that the Commissioner notifies to the chief executive or board.

(4)

The Commissioner’s responsibility under this section ceases in relation to the pay equity claim—

(a)

after the parties begin to attend mediation under the Employment Relations Act 2000 in relation to the pay equity claim, unless the Commissioner thinks it appropriate to continue the Commissioner’s responsibility at that time; or

(b)

in any event, on the date on which a claim is lodged in the Employment Relations Authority or filed in a tribunal or a court in relation to the pay equity claim.

(5)

When the responsibility of the Commissioner ceases under subsection (4), the employer is, or employers are, the chief executive of each department and the board of each interdepartmental venture in which any of the employees are employed, acting, if the Commissioner requires, together with or in consultation with the Commissioner.

(6)

In this section, pay equity claim means a claim, whether under the Equal Pay Act 1972 or the Government Service Equal Pay Act 1960,—

(a)

that is made by an employee or employees of a department or an interdepartmental venture and raised with the chief executive of the department or, as the case may be, the board of an interdepartmental venture as employer; and

(b)

that is to the effect that the employer has failed to ensure that there is no differentiation between the rates of remuneration offered and afforded by the employer for work that is exclusively or predominantly performed by female employees and the rate of remuneration that would be paid to male employees who—

(i)

have the same, or substantially similar, skills, responsibility, and service; and

(ii)

work under the same, or substantially similar, conditions, and with the same, or substantially similar, degrees of effort.

82 Commissioner to enter negotiations in consultation with affected department or interdepartmental venture

If the Commissioner enters into negotiations in relation to a pay equity claim, the Commissioner must do so in consultation with the chief executive or board of each affected department or interdepartmental venture.

83 Agreement in relation to pay equity claim binding on chief executive or board affected

(1)

Every agreement in relation to a pay equity claim entered into between the Commissioner and 1 or more public service employees is binding on the chief executive of each department and the board of each interdepartmental venture in which any of the employees are employed.

(2)

A chief executive of a department who, or board of an interdepartmental venture that, is bound by an agreement referred to in subsection (1) has the rights, functions, and obligations that the chief executive or board would have, in respect of that agreement, if that chief executive or board were a party to it.

(3)

Responsibility for giving effect to any agreement in relation to a pay equity claim entered into between the Commissioner and 1 or more public service employees lies with the chief executive of each department and the board of each interdepartmental venture in which any of the employees are employed.

84 Delegation of Commissioner’s functions and powers to negotiate pay equity claim

(1)

The Commissioner may, under clause 6 of Schedule 3, delegate to a chief executive of a department or to a board of an interdepartmental venture the Commissioner’s functions and powers under section 81.

(2)

The delegation may be subject to a direction or condition requiring the chief executive or board to conduct negotiations in relation to a pay equity claim in consultation with any other chief executive of a department or board of an interdepartmental venture.

(3)

Subsection (2) does not limit the directions or conditions the Commissioner may specify in relation to the delegation.

Compare: 1988 No 20 s 70

Other employment provisions

85 Other employment provisions in Schedule 8

The provisions in Schedule 8 have effect according to their terms.

86 Power to transfer employees between public service agencies

(1)

This section applies if there is a transfer of functions from one public service agency (agency A) to another public service agency (agency B).

(2)

The chief executive or board of agency A may in consultation with the chief executive or board of agency B, and subject to the relevant employment agreements, transfer any public service employee who was carrying out the relevant functions in agency A to a position in agency B, if the position in agency B—

(a)

consists of the same duties and responsibilities as those of the employee’s position in agency A immediately before the transfer; and

(b)

is in substantially the same general locality or a locality within reasonable commuting distance; and

(c)

is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and

(d)

is on terms that treat service within the State services as if it were continuous service.

(3)

Before transferring an employee under this section, the chief executive or board must consult with the employee about the proposed transfer.

(4)

Section 91 applies to an employee who is transferred under this section if the employee is moving from a position as an employee in a department or an interdepartmental venture to a position as an employee in another department or interdepartmental venture.

(5)

This section overrides Part 6A of the Employment Relations Act 2000.

87 No redundancy payment for employee transferred under section 86

(1)

An employee who is to be transferred under section 86 is not entitled to a redundancy payment.

(2)

In this section and in section 88, redundancy payment includes any payment or other benefit provided on the ground of a person’s position being disestablished.

88 Other restrictions on redundancy payments

(1)

A public service employee who has received a notice of termination by reason of redundancy is not entitled to a redundancy payment if, before the employee’s employment has ended, the employee—

(a)

is offered and accepts another position as an employee in the State services (either in the employee’s current department or interdepartmental venture or elsewhere in the State services) that—

(i)

begins before, on, or immediately after the date on which the employee’s current position ends; and

(ii)

is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and

(iii)

is on terms that treat service within the State services as if it were continuous service; or

(b)

is offered an alternative position as an employee in the State services (either in the employee’s current department or interdepartmental venture or elsewhere in the State services) that—

(i)

begins before, on, or immediately after the date on which the employee’s current position ends; and

(ii)

is a position with comparable duties and responsibilities to those of the employee’s current position; and

(iii)

is in substantially the same general locality or a locality within reasonable commuting distance; and

(iv)

is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and

(v)

is on terms that treat service within the State services as if it were continuous service.

(2)

Section 91 applies to an employee who (being an employee to whom subsection (1)(a) applies) is moving from a position as an employee in a department or an interdepartmental venture to a position as an employee in another department or interdepartmental venture.

(3)

This section overrides Part 6A of the Employment Relations Act 2000.

Compare: 1988 No 20 s 61A

89 Certain provisions not to apply in relation to transfer or offer of alternative position

Section 72 and clauses 1 and 5 of Schedule 8 do not apply in relation to the transfer of an employee under section 86 or to either position described in section 88(1).

Employment in public service continuous for purpose of certain enactments

90 Application of section 91

(1)

Section 91 applies to a public service employee if—

(a)

the employee moves from a position as an employee in a department or an interdepartmental venture (agency A) to a position as an employee in another department or interdepartmental venture (agency B); and

(b)

the position as an employee in agency B begins before, on, or immediately after the date on which the employee’s position as an employee with agency A ends.

(2)

Without limiting subsection (1), section 91 applies to a public service employee who—

(a)

is transferred under section 86 from a position as an employee in a department or an interdepartmental venture to a position as an employee in another department or interdepartmental venture; or

(b)

moves from one department or interdepartmental venture to another in the circumstances to which section 88(1)(a) applies.

91 Employment in public service continuous for purpose of certain enactments

(1)

The employment of a public service employee to whom this section applies is to be treated as continuous for the purposes of—

(a)

entitlements under the following provisions in Part 2 of the Holidays Act 2003:

(i)

subpart 1 (annual holidays); and

(ii)

subpart 3 (public holidays and alternative holidays); and

(iii)

subpart 4 (sick leave and bereavement leave); and

(iv)

subpart 5 (family violence leave); and

(b)

entitlements to leave under the Parental Leave and Employment Protection Act 1987; and

(2)

For the purpose of subsection (1)(a),—

(a)

the period of employment of the employee in agency A that ends with the date on which the employee moved to agency B must be treated as a period of employment with agency B for the purpose of determining the employee’s entitlement to annual holidays, sick leave, bereavement leave, and family violence leave; and

(b)

the chief executive of agency A must not pay the employee for annual holidays, or alternative holidays, not taken before the date on which the employee moved to the position in agency B; and

(c)

the chief executive of agency B must recognise the employee’s entitlement to—

(i)

any sick leave, including any sick leave carried over under section 66 of the Holidays Act 2003, not taken before the date on which the employee moved to the position in agency B; and

(ii)

any annual holidays not taken before the date on which the employee moved to the position in agency B; and

(iii)

any alternative holidays not taken or exchanged for payment under section 61 of that Act before the date on which the employee moved to the position in agency B; and

(iv)

any holidays not taken before the date on which the employee moved to the position in agency B in relation to which there was an agreement between the employee and agency A under section 44A or 44B of that Act.

(3)

For the purpose of subsection (1)(b),—

(a)

the period of employment of the employee in agency A that ends with the date on which the employee moved to agency B must be treated as a period of employment with agency B; and

(b)

the chief executive of agency B must treat any notice given to or by the chief executive of agency A under the Parental Leave and Employment Protection Act 1987 as if it had been given to or by the chief executive of agency B.

(4)

If the employee’s position with agency B begins before the date on which the employee’s position with agency A ends, subsections (2) and (3) must be applied as if the position with agency A ends on the date that the employee’s position with agency B begins.

(5)

For the purpose of subsection (1)(c), the employment of the employee in the position with agency B is not new employment within the meaning of that term in the KiwiSaver Act 2006.

(6)

This section applies subject to any regulations made under section 94.

(7)

In this section,—

agency A means a department or an interdepartmental venture that an employee moves from

agency B means the department or an interdepartmental venture that an employee moves to from agency A.

92 Liability of public service agencies for remediation in relation to application of section 91

(1)

Agency B is not liable to an employee to whom section 91 applies for a failure by agency A to comply with an Act referred to in section 91(1)(a) or (b) in relation to—

(a)

the entitlements to leave referred to in section 91(1)(a) or (b); or

(b)

the recovery of holiday pay or leave pay.

(2)

Section 91(2) does not limit any right of the employee to take action in relation to a failure by agency A of a kind described in subsection (1).

(3)

In this section, Agency A and Agency B have the same meanings as in section 91.

93 Further provision in relation to application of section 91 to annual holidays

(1)

This section applies if regulations are made under section 94(1)(b).

(2)

To avoid doubt, the Holidays Act 2003 applies in respect of any payment to the employee for any annual holiday to which section 91 does not apply when the employee’s employment with Agency A ends.

(3)

In this section,—

Agency A has the same meaning as in section 91

annual holiday means an annual holiday provided under subpart 1 of Part 2 of the Holidays Act 2003.

94 Regulations relating to treatment of employment as continuous under section 91

(1)

The Governor-General may, by Order in Council, make regulations for the following purposes:

(a)

prescribing requirements applicable to public service agencies to ensure that, in respect of public service employees, the entitlements to leave specified in section 91(1)(a) and (b) can be separately identified, including—

(i)

prescribing requirements or any other matters concerning the manner of recording leave entitlements and the taking of leave; and

(ii)

without limiting subparagraph (i), prescribing requirements about the order in which entitlements to leave referred to in section 91(1)(a) or (b) and other leave entitlements are to be treated as having been taken:

(b)

specifying an amount of annual holidays not taken at or above which section 91 does not apply:

(c)

prescribing time frames within which the transfer of accumulated leave balances for the purpose of section 91 must occur.

(2)

Regulations made under this section may apply differently to different classes of employees or circumstances or on any other differential basis.

(3)

Regulations may be made under subsection (1)(b) only on the recommendation of the Minister, made after consulting with—

(a)

public service agencies; and

(b)

other parties that the Commissioner thinks fit.

(4)

In this section, annual holiday means an annual holiday provided under subpart 1 of Part 2 of the Holidays Act 2003.

Part 4 Government workforce policy

95 Commissioner’s functions in relation to this Part

The Commissioner may—

(a)

provide advice and guidance on workforce matters to agencies described in section 97(4); and

(b)

consider whether to draft and submit under section 96 a government workforce policy for ministerial approval as a Government Workforce Policy Statement; and

(c)

advise affected agencies on the operation of a Government Workforce Policy Statement; and

(d)

facilitate the operation of a Government Workforce Policy Statement in conjunction with affected agencies.

Compare: 1988 No 20 s 55A

96 Commissioner may draft and submit Government workforce policy to Minister

The Commissioner may draft a government workforce policy and, after consulting the affected agencies and other parties that the Commissioner thinks fit, submit it to the Minister for consideration.

Compare: 1988 No 20 s 55B(1)

97 Government workforce policy: content

(1)

Government workforce policy must relate to workforce matters (including employment and workplace) for the purpose of fostering a consistent, efficient, and effective approach to those matters across the affected agency or agencies specified in accordance with subsection (4).

(2)

Workforce matters may, without limitation, include—

(a)

the Government’s expectations about the negotiation of collective agreements and individual employment agreements in the State services (being expectations that do not determine pay or conditions); and

(b)

the development and implementation of workforce strategy; and

(c)

the promotion of more effective management of employment relations generally in the agencies specified in subsection (4); and

(d)

workforce capacity and composition; and

(e)

pay equity and workforce diversity and inclusiveness; and

(f)

data and information held in the public service about agencies contracted to deliver services.

(3)

Government workforce policy may provide for the Commissioner to—

(a)

request from any affected agency information relating to the matters in subsection (2)(a) to (f); and

(b)

specify requirements about how that information must be collected, classified, and reported to the Commissioner.

(4)

Government workforce policy must specify the agency or agencies to which it applies, which may be any or all of the following:

(a)

public service agencies:

(b)

the New Zealand Police, the New Zealand Defence Force, and the Parliamentary Counsel Office:

(c)

Crown agents or other Crown entities:

(d)

organisations listed in Schedule 4, and companies listed in Schedule 4A, of the Public Finance Act 1989:

(e)

the Reserve Bank of New Zealand.

Compare: 1988 No 20 s 55B(2)–(4)

98 Rights, obligations, etc, not affected by Government Workforce Policy Statement

Despite anything in this Part, a Government Workforce Policy Statement must not—

(a)

create, alter, or remove employment or other legal rights or obligations; or

(b)

determine or alter the content of the law applying to employees or chief executives or the Commissioner.

Compare: 1988 No 20 s 55D(4)

99 Government workforce policy: approval by Minister

(1)

The Minister may approve government workforce policy as a Government Workforce Policy Statement.

(2)

A Government Workforce Policy Statement is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

Compare: 1988 No 20 s 55B(5), (6)

100 Government Workforce Policy Statement: process

(1)

As soon as practicable after the Minister’s approval under section 99, the Commissioner must by 1 or more means make the Government Workforce Policy Statement known to affected agencies and available to the public.

(2)

A Government Workforce Policy Statement may be amended, revoked, or replaced in the same way as it may be made.

Compare: 1988 No 20 s 55C

101 Government Workforce Policy Statement: implementation

(1)

A public service agency and a Crown agent must give effect to a Government Workforce Policy Statement and any request for information made under it.

(2)

An autonomous Crown entity must have regard to a Government Workforce Policy Statement and consider any request for information made under it.

(3)

The following must have regard to a Government Workforce Policy Statement, and consider any request for information made under it, if the statement says so:

(a)

a Crown entity other than a Crown agent or an autonomous Crown entity:

(b)

the New Zealand Police, the New Zealand Defence Force, and the Parliamentary Counsel Office:

(c)

a body specified in section 97(4)(d) or (e).

Compare: 1988 No 20 s 55D(1)–(3)

102 Request for information does not limit other enactments

Nothing in a request for information by the Commissioner made under a Government Workforce Policy Statement limits any Act (including, without limitation, the Privacy Act 1993) that imposes a prohibition or restriction on the availability of any information.

Part 5 Offence, immunity, and public service reorganisations

Offence to solicit or attempt to improperly influence public service leaders

103 Offence to solicit or attempt to influence public service leaders

(1)

A person commits an offence if—

(a)

they directly or indirectly solicit or attempt to improperly influence a public service leader or a delegate of a public service leader; and

(b)

they do so when the leader or delegate is making a decision on any of the matters described in section 45 or 54 (which relate to duties to act independently when making decisions about individual chief executives and individual employees, respectively).

(2)

A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.

(3)

In this section, public service leader has the meaning given in section 5, but—

(a)

includes a Deputy Commissioner only if they are carrying out functions of the Commissioner; and

(b)

includes interdepartmental executive boards and the boards of interdepartmental ventures.

Compare: 1988 No 20 s 85

Immunity from liability

104 Immunity for chief executives and employees

(1)

Public service chief executives, Deputy Commissioners, and public service employees are immune from liability in civil proceedings for good-faith actions or omissions when carrying out or intending to carry out their responsibilities or when performing or exercising or intending to perform or exercise their functions, duties, or powers.

(2)

See also section 6 of the Crown Proceedings Act 1950.

Compare: 1988 No 20 s 86

Reorganisations within public service

105 Reorganisations within public service

(1)

The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the disestablishment or change of name of a public service agency, the transfer of functions between agencies, and the establishment of a new agency.

(2)

Schedule 9 sets out other provisions relating to reorganisations of public service agencies.

Compare: 1988 No 20 s 30K

Part 6 Amendments to enactments, repeals, and revocations

Amendments to Clerk of the House of Representatives Act 1988

106 Amendments to Clerk of the House of Representatives Act 1988
107 Section 17 amended (Functions of State Services Commissioner in relation to Office)
108 Section 22 amended (Review of appointments)

(1)

In section 22(1), delete “, after consultation with the State Services Commission,”.

(2)

In section 22(3), delete “after consultation with the State Services Commission and”.

109 Section 26 amended (Negotiation of conditions of employment)

Replace section 26(2) with:

(2)

The Clerk of the House of Representatives must conduct the negotiations with a union of which employees are members.

Amendments to Crown Organisations (Criminal Liability) Act 2002

110 Amendments to Crown Organisations (Criminal Liability) Act 2002

(2)

In section 4, definition of Crown organisation, after “government department,”, insert “interdepartmental venture, departmental agency,”.

(3)

In section 4, insert in their appropriate alphabetical order:

departmental agency has the meaning given in section 5 of the Public Service Act 2020

interdepartmental venture has the meaning given in section 5 of the Public Service Act 2020

Amendments to Official Information Act 1982

111 Amendments to Official Information Act 1982

(1)

This section amends the Official Information Act 1982.

(2)

In section 2(1), insert in its appropriate alphabetical order:

public service agencies and public service agency have the same meanings as in section 2(1) of the Ombudsmen Act 1975 (but for the purposes of this Act do not include the Parliamentary Counsel Office)

(3)

In section 2(1), definition of official information, paragraphs (a)(i), (b)(i), (f), (i), and (j), replace “department” with “public service agency” in each place.

(4)

In section 2(1), definition of official information, paragraph (e)(ii), replace “departments” with “public service agencies”.

Amendments to Ombudsmen Act 1975

112 Amendments to Ombudsmen Act 1975
113 Section 2 amended (Interpretation)

In section 2(1), insert in its appropriate alphabetical order:

public service agencies means the departments, departmental agencies, interdepartmental executive boards, and interdepartmental ventures named in Parts 1 to 1C of Schedule 1, and public service agency means any one of those agencies, but for the purposes of this Act—

(a)

a departmental agency listed in the first column of the table in Part 1A of Schedule 1 is part of its host department listed in the second column of that table:

(b)

an interdepartmental executive board listed in the first column of the table in Part 1B of Schedule 1 is to be treated as part of its servicing department listed in the second column of that table

114 Section 13 amended (Functions of Ombudsmen)

(1)

In section 13(1), replace “departments or organisations named or specified in Parts 1 and 2 of Schedule 1” with “public service agencies or organisations named in Parts 1 to 1C and 2 of Schedule 1”.

(2)

In section 13(1) and (2), replace “department” with “public service agency”.

115 Section 32 amended (Power to amend Schedule 1 by Order in Council)

Replace section 32(1) with:

(1)

If a public service agency or an organisation named in Schedule 1 is abolished, or its name is altered, or if a new public service agency is created, or if a host or servicing department is changed, or if the name of a host or servicing department is changed, the Governor-General may, by Order in Council, amend the relevant Part of that schedule as may be necessary to—

(a)

reflect the abolition or alteration, or include the name of the new public service agency in that Part:

(b)

in the case of a departmental agency, make a corresponding amendment to include, remove, or alter a reference to its host department in the table in Part 1A of Schedule 1:

(c)

in the case of an interdepartmental executive board, make a corresponding amendment to include, remove, or alter a reference to its servicing department in the table in Part 1B of Schedule 1.

(1A)

An order relating to the establishment of an interdepartmental executive board or an interdepartmental venture for the first time may also delete the words immediately below the table in Part 1B of Schedule 1 or in Part 1C of Schedule 1.

116 Schedule 1 amended

(1)

Replace the Schedule 1 heading with:

Schedule 1 Public service agencies and organisations to which this Act applies

s 13

(2)

In Schedule 1, after Part 1, insert:

Part 1A Departmental agencies and host departments

Departmental agency Host department
Cancer Control AgencyMinistry of Health
National Emergency Management AgencyDepartment of the Prime Minister and Cabinet
Office for Māori Crown Relations—Te ArawhitiMinistry of Justice
Social Wellbeing AgencyPublic Service Commission

Part 1B Interdepartmental executive boards and servicing departments

Interdepartmental executive boardServicing department

No interdepartmental executive boards have been established as at the date on which this schedule was inserted into this Act by section 116 of the Public Service Act 2020.

Part 1C Interdepartmental ventures

No interdepartmental ventures have been established as at the date on which this schedule was inserted into this Act by section 116 of the Public Service Act 2020.

Amendments to Parliamentary Service Act 2000

117 Amendments to Parliamentary Service Act 2000

(1)

This section amends the Parliamentary Service Act 2000.

(2)

In Schedule 1, repeal clause 1(1)(d).

(3)

In Schedule 1, clause 3(2), replace “the State Services Commissioner with the agreement of the Speaker” with “the Speaker”.

(4)

In Schedule 1, clause 5, replace “The State Services Commissioner may, with the agreement of the Speaker” with “The Speaker may”.

Amendments to Privacy Act 1993 and Privacy Act 2020

118 Amendments to Privacy Act 1993
119 Section 2 amended (Interpretation)

(1)

In section 2(1), replace the definition of department with:

department means—

(a)

a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:

(b)

an interdepartmental venture:

(c)

a departmental agency hosted by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:

(d)

an interdepartmental executive board serviced by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 (see also section 120A)

(2)

In section 2(1), insert in their appropriate alphabetical order:

departmental agency has the meaning given in section 5 of the Public Service Act 2020

interdepartmental executive board has the meaning given in section 5 of the Public Service Act 2020

interdepartmental venture has the meaning given in section 5 of the Public Service Act 2020

120 Section 3 amended (Information held by agency)

After section 3(4), insert:

(5)

Despite subsection (1), information that is held by an employee of a department carrying out the functions of a departmental agency must be treated for the purposes of this Act as held by the departmental agency.

121 Section 23 amended (Privacy officers)

In section 23, insert as subsection (2):

(2)

In relation to the functions of a departmental agency, the responsibility under this section lies with the departmental agency.

122 Section 96C amended (Interpretation)

Replace the definition of department with:

department

(a)

means—

(i)

a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:

(ii)

an interdepartmental venture:

(iii)

a departmental agency hosted by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975; and

(b)

includes—

(i)

the New Zealand Police:

(ii)

the New Zealand Transport Agency

123 New section 120A inserted (Responsibility under this Part for interdepartmental executive board)

After section 120, insert:

120A Responsibility under Parts 5 and 8 for interdepartmental executive board

(1)

The department that is the servicing department for an interdepartmental executive board is responsible for dealing with all matters arising under Parts 5 and 8 in relation to personal information held by that board.

(2)

This section applies despite the definition of department in section 2(1).

124 Amendments to Privacy Act 2020
125 Section 7 amended (Interpretation)

(1)

In section 7(1), replace the definition of department with:

department means—

(a)

a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:

(b)

an interdepartmental venture:

(c)

a departmental agency hosted by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:

(d)

an interdepartmental executive board serviced by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 (see also section 201A)

(2)

In section 7(1), insert in their appropriate alphabetical order:

departmental agency has the meaning given in section 5 of the Public Service Act 2020

interdepartmental executive board has the meaning given in section 5 of the Public Service Act 2020

interdepartmental venture has the meaning given in section 5 of the Public Service Act 2020

126 Section 10 amended (Personal information held by agency if held by officer, employee, or member of agency)

After section 10(2), insert:

(3)

Despite subsection (1), information that is held by an employee of a department carrying out the functions of a departmental agency must be treated for the purposes of this Act as held by the departmental agency.

127 Section 138 amended (Interpretation)

Replace the definition of department with:

department

(a)

means—

(i)

a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:

(ii)

an interdepartmental venture:

(iii)

a departmental agency hosted by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975; and

(b)

includes—

(i)

the New Zealand Police:

(ii)

the New Zealand Transport Agency

128 Section 201 amended (Privacy officers)

After section 201(2), insert:

(3)

In relation to the functions of a departmental agency, the responsibility under this section lies with the departmental agency.

129 New section 201A inserted (Responsibility under this Part for interdepartmental executive board)

After section 201, insert:

201A Responsibility under Parts 4 to 6 for interdepartmental executive board

(1)

The department that is the servicing department for an interdepartmental executive board is responsible for dealing with all matters arising under Parts 4 to 6 in relation to personal information held by that board.

(2)

This section applies despite the definition of department in section 7(1).

Amendments to Orders in Council

130 Amendment to State Sector (Ministry for Primary Industries) Order 2012

(1)

This section amends the State Sector (Ministry for Primary Industries) Order 2012 (SR 2012/54).

(2)

In clause 4, replace “30 June 2020” with “30 June 2025”.

131 Amendment to State Sector (New Zealand Food Safety Authority) Order 2010

(1)

(2)

In clause 5, replace “30 June 2020” with “30 June 2025”.

Repeals and revocations

132 Repeals

(1)

The State Sector Act 1988 (1988 No 20) is repealed.

(2)

The Civil Service Act 1908 (1908 No 23) is repealed.

133 Repeal of certain provisions of this Act

(1)

Repeal section 4(7), this Part (except subsection (2)), and Schedules 10 and 11.

(2)

Sections 86(4) and 88(2) and this subsection are repealed on the date on which section 90 comes into force.

(3)

See section 2(2), which provides for the commencement of subsection (1) later than the rest of this Act.

134 Legislative instruments revoked

The legislative instruments specified in Schedule 10 are revoked. (See clause 16 of Schedule 1 for legislative instruments that are saved on enactment.)

Consequential amendments

135 Consequential amendments to enactments

Amend the enactments specified in Schedule 11 as set out in that schedule.

Schedule 1 Transitional, savings, and related provisions

s 8

Part 1 Provisions relating to this Act as enacted

1 State Services Commission becomes Public Service Commission

(1)

In this clause, commencement date means the date on which section 42 comes into force.

(2)

The department that was the State Services Commission immediately before the commencement date is to be treated as the Public Service Commission under this Act on and after the commencement date.

2 State Services Commissioner becomes Public Service Commissioner

(1)

In this clause, commencement date means the date on which section 42 comes into force.

(2)

The person who was the State Services Commissioner immediately before the commencement date is to be treated as the Public Service Commissioner under this Act on and after the commencement date.

(3)

The terms and conditions of appointment of that person that applied immediately before the commencement date continue to apply on and after the commencement date unless modified in accordance with the applicable rules and procedures.

(4)

That person is eligible for reappointment in accordance with the provisions of this Act.

3 Deputy State Services Commissioner becomes Deputy Public Service Commissioner

(1)

In this clause, commencement date means the date on which section 47 comes into force.

(2)

The person who was the Deputy State Services Commissioner immediately before the commencement date is to be treated as a Deputy Public Service Commissioner under this Act on and after the commencement date.

(3)

The terms and conditions of appointment of that person that applied immediately before the commencement date continue to apply on and after the commencement date unless modified in accordance with the applicable rules and procedures.

(4)

That person is eligible for reappointment in accordance with the provisions of this Act.

4 Chief executives

(1)

In this clause, commencement date means the date on which section 51 comes into force.

(2)

The reference to administrative head in section 31(1) of the State Sector Act 1988 is not continued in this Act. This change does not create any distinction between public service chief executives based on whether they were or are appointed or reappointed before, on, or after the commencement date.

(3)

Nothing in this Act affects a designation conferred on a chief executive by an enactment before the commencement date and that was current immediately before the commencement date.

(4)

If a chief executive was given a designation by the Prime Minister under section 31(2)(b) of the State Sector Act 1988 and the designation was current immediately before the commencement date, it is to be treated as a designation given by the Commissioner under section 51(2)(b) on and after the commencement date.

5 Functional leads

(1)

In this clause, commencement date means the date on which section 56 comes into force.

(2)

A person who was a chief executive of a department and held a functional lead role immediately before the commencement date—

(a)

remains the chief executive of the department, and the terms and conditions of appointment of that person, relating to that role, that applied immediately before the commencement date continue to apply on and after the commencement date unless modified in accordance with the applicable rules and procedures; and

(b)

continues in that functional lead role on and after the commencement date until it is disestablished in accordance with the applicable process that operated before the commencement date and any terms and conditions of appointment relating to that role cease to apply on the date the role is disestablished.

6 Working arrangements of departmental agencies

(1)

In this clause, commencement date means the date on which section 24 comes into force.

(2)

A working arrangement agreed and approved under section 27B(b) of the State Sector Act 1988 that was operating immediately before the commencement date is to be treated as a working arrangement under section 24 on and after the commencement date.

7 Delegations

(1)

In this clause, commencement date means the date on which section 46 comes into force.

(2)

This clause applies to a delegation that was made under any of the following provisions of the State Sector Act 1988 and that is in force immediately before the commencement date:

(3)

A delegation—

(a)

continues in force on and after the commencement date until it is revoked or modified in accordance with this Act; and

(b)

is to be treated as having been made under this Act and the relevant provisions of this Act apply to it.

8 Code of conduct

(1)

In this clause, commencement date means the date on which section 17 comes into force.

(2)

A code of conduct issued under section 57 of the State Sector Act 1988 that is current immediately before the commencement date is to be treated as containing minimum standards set by the Commissioner under section 17, on and after the commencement date, until any part or all of its contents are altered or replaced by minimum standards set after the commencement date.

(3)

However, the code of conduct applies only in or to the agencies listed in section 17(2) on and after the commencement date.

9 Investigations and inquiries

(1)

In this clause, commencement date means the date on which section 46 comes into force.

(2)

This clause applies to any investigation or inquiry begun by the Commissioner under the State Sector Act 1988 or any other Act but not completed immediately before the commencement date.

(3)

The investigation or inquiry must be completed or otherwise dealt with under the provisions of the State Sector Act 1988 as if this Act had not been enacted.

Compare: 1988 No 20 Schedule 1AA cl 1

10 Superannuation

(1)

In this clause, commencement date means the date on which section 85 comes into force.

(2)

An entitlement of an officer or employee in the State services under any superannuation scheme, or arrangement in respect of superannuation, that applied to that officer or employee immediately before the commencement date is not affected by the repeal of sections 84 to 84B of the State Sector Act 1988 by section 132(1) and their replacement by clauses 12 to 14 of Schedule 8.

11 Updated references

(1)

In this clause, commencement date means the date on which section 42 comes into force.

(2)

Unless the context otherwise requires,—

(a)

a reference to the State Services Commission (even if this is as the Commission) in an enactment or a document is to be read as a reference to the Public Service Commission (or the Commission) on or after the commencement date:

(b)

a reference to the State Services Commissioner (even if this is as the Commissioner) in an enactment or a document is to be read as a reference to the Public Service Commissioner (or the Commissioner) on or after the commencement date:

(c)

a reference to the Deputy State Services Commissioner (even if this is as the Deputy Commissioner) in an enactment or a document is to be read as a reference to a Deputy Public Service Commissioner or a Deputy Commissioner or the Deputy Public Service Commissioners or the Deputy Commissioners (as relevant) on or after the commencement date.

12 Constitution of New Zealand Public Service Association

(1)

In this clause, commencement date means the date on which section 8 comes into force.

(2)

To the extent that section 26 of the State Sector Amendment Act (No 2) 1989 has effect immediately before the commencement date, it continues to have that effect on and after the commencement date as if that Act had not been repealed.

(3)

This clause does not limit section 17 of the Interpretation Act 1999.

13 Employees of departments

(1)

In this clause, commencement date means the date on which section 65 comes into force.

(2)

This clause applies to a person who, immediately before the commencement date, was an employee of a department (including a person who was carrying out functions of a departmental agency and to whom section 59(2) and (3) of the State Sector Act 1988 applied).

(3)

Immediately after the commencement date,—

(a)

the person continues as an employee of the department as if that person had been appointed under this Act; and

(b)

the terms and conditions of employment of the person are the same as the terms and conditions of their employment immediately before the commencement date; and

(c)

the person is a public service employee for the purposes of this Act.

14 Terms and conditions of employment of certain other persons in State services

(1)

In this clause, commencement date means the date on which section 65 comes into force.

(2)

The repeal by this Act of the State Sector Act 1988 does not affect the terms and conditions of employment of any person that applied immediately before the commencement date under any Act in which provisions of the State Sector Act 1988 were applied or referred to.

15 Application to existing pay equity claims

(1)

In this clause, commencement date means the date on which section 81 comes into force.

(2)

Sections 81 to 84 apply to a pay equity claim (within the meaning of that term in section 81) if—

(a)

the claim was notified to a chief executive of a department before the commencement date; and

(b)

immediately before the commencement date,—

(i)

no claim has been lodged with the Employment Relations Authority or filed in a tribunal or a court in relation to the pay equity claim; and

(ii)

the pay equity claim has not been settled or otherwise been completed.

(3)

In relation to a pay equity claim referred to in subsection (2), the requirement in section 81(2) in relation to giving notice of the claim to the Commissioner is satisfied if the chief executive of the department or the board of the interdepartmental venture gives the notice as soon as practicable after the commencement date.

Legislative instruments saved

16 Legislative instruments saved

(1)

In this clause, commencement date means the date on which section 8 comes into force.

(2)

The following legislative instruments, if, in each case, they remain in force immediately before the commencement date, continue in force, in accordance with their respective terms, as if they had been made under this Act:

17 Retrospective application of amended orders

The amendments to the State Sector (Ministry for Primary Industries) Order 2012 and the State Sector (New Zealand Food Safety Authority) Order 2010 made in sections 130 and 131 apply between 1 July 2020 and the commencement of those sections as if they were in force during that time.

Schedule 2 Public service agencies

ss 23, 26, 33

Part 1 Departments

Crown Law Office

Department of Conservation

Department of Corrections

Department of Internal Affairs

Department of the Prime Minister and Cabinet

Education Review Office

Government Communications Security Bureau

Inland Revenue Department

Land Information New Zealand

Ministry for Culture and Heritage

Ministry for Pacific Peoples

Ministry for Primary Industries

Ministry for the Environment

Ministry for Women

Ministry of Business, Innovation, and Employment

Ministry of Defence

Ministry of Education

Ministry of Foreign Affairs and Trade

Ministry of Health

Ministry of Housing and Urban Development

Ministry of Justice

Ministry of Māori Development—Te Puni Kōkiri

Ministry of Social Development

Ministry of Transport

New Zealand Customs Service

New Zealand Security Intelligence Service

Oranga Tamariki—Ministry for Children

Public Service Commission

Serious Fraud Office

Statistics New Zealand

Te Kāhui Whakamana Rua Tekau mā Iwa—Pike River Recovery Agency

The Treasury

Part 2 Departmental agencies and host departments

Note: A tick in the third or fourth column alongside the name of a departmental agency means that the working arrangement referred to above the tick applies to the departmental agency.

Departmental agencyHost departmentChief executive may operate outside strategic and policy framework of host department
(see section 24(2)(a))
Chief executive may manage assets and liabilities
(see section 24(2)(b))
Cancer Control AgencyMinistry of Health
National Emergency Management AgencyDepartment of the Prime Minister and Cabinet
Office for Māori Crown Relations—Te ArawhitiMinistry of Justice
Social Wellbeing AgencyPublic Service Commission

Part 3 Interdepartmental executive boards and servicing departments

Interdepartmental executive boardDepartments in board’s remit (see section 26(2)(b))Servicing department

No interdepartmental executive boards have been established as at the date of enactment.

Part 4 Interdepartmental ventures

Interdepartmental ventureRelevant departments (see section 33(2)(b))

No interdepartmental ventures have been established as at the date of enactment.

Schedule 3 Other functions and powers of Commissioner

s 46

Powers

1 General powers

The Commissioner has all the powers that are reasonably necessary or desirable to enable the Commissioner to carry out the functions and duties imposed under this Act or another enactment.

Compare: 1988 No 20 s 7

2 Power to conduct investigations and inquiries

(1)

This clause applies if the Commissioner is carrying out functions in relation to a public service agency or a functional chief executive.

(2)

The Commissioner may conduct investigations and inquiries, and make and receive reports, that the Commissioner thinks necessary or desirable or that the Minister directs.

Compare: 1988 No 20 s 8

3 Power to obtain information

(1)

This clause applies if the Commissioner is carrying out functions in relation to any agency or a functional chief executive.

(2)

The Commissioner may require the agency or functional chief executive to supply information about their activities.

(3)

The agency or functional chief executive must supply the information and must keep all records that are necessary to enable it or them to do so.

(4)

This clause does not limit an enactment that imposes a prohibition or restriction on the availability of any information.

Compare: 1988 No 20 s 9

4 Power to enter premises

(1)

For the purposes of carrying out the Commissioner’s functions, the Commissioner, or a person specifically or generally authorised by the Commissioner, may—

(a)

enter the premises of a public service agency; or

(b)

require the production of information, documents, or files in the custody of a public service agency or a functional chief executive hosted by a department, and examine that information, those documents, or those files; or

(c)

require an employee of a public service agency to answer questions to enable the Commissioner to carry out those functions.

(2)

An authorisation must be in writing and must contain—

(a)

a reference to this clause; and

(b)

the full name of the authorised person; and

(c)

a statement of the powers conferred on the authorised person.

(3)

The power to enter premises is subject to the following conditions:

(a)

entry may be made by the Commissioner or by an authorised person only:

(b)

entry may be made only if the Commissioner has first obtained the agreement of the Minister:

(c)

reasonable notice of the intention to enter must be given:

(d)

entry must be made at reasonable times:

(e)

the person entering must carry—

(i)

evidence of their identity; and

(ii)

if they are not the Commissioner, evidence that they are authorised by the Commissioner; and

(iii)

evidence of the Minister’s agreement to the entry:

(f)

the person entering must, on first entering the premises, and, if requested, at a later time, produce to a representative of the public service agency the evidence referred to in paragraph (e).

(4)

A person has the same privileges as witnesses in courts of law when—

(a)

producing information, documents, and files; and

(b)

giving information or particulars; and

(c)

answering questions.

(5)

A person may exercise 1 or more of the powers in subclause (1)(a) to (c) only if they have first given the chief executive or board responsible for the agency, or the functional chief executive, the opportunity of consulting the person about the exercise of those powers.

(6)

This clause does not limit an enactment that imposes a prohibition or restriction on—

(a)

the availability of any information; or

(b)

the production or examination of any information, documents, or files.

Compare: 1989 No 20 s 10

5 Functions and powers may be carried out for other State services

(1)

This clause applies to State services that are not part of the public service.

(2)

The Commissioner,—

(a)

if directed to do so by the Prime Minister, must perform functions or exercise powers under section 44 and clauses 1 to 4 and 8 to 11 in relation to an agency:

(b)

if requested by the head of an agency, may, and, if requested by the Minister responsible for an agency, must, perform functions or exercise powers under section 44 and clauses 1 to 4 and 8 to 11 in relation to an agency:

(c)

if requested by the head of an agency, or of any organisation listed in Schedule 1 of the State-Owned Enterprises Act 1986, may provide assistance for the setting or application of conditions of employment of its employees.

(3)

A direction by the Prime Minister must be in writing and must specify which functions or powers are to be performed or exercised by the Commissioner.

(4)

When performing a function or exercising a power in relation to an agency under section 44(b) (relating to promoting integrity, accountability, and transparency), or section 17 or 18 (relating to integrity and conduct), the Commissioner may also perform functions or exercise powers under clauses 1 to 4 and 8 to 11.

(5)

In this clause, section 44 and clauses 1 to 4 and 8 to 11 apply as if the relevant agency were a department, with any necessary modifications.

(6)

This clause does not—

(a)

limit or affect any provision of this Act or another Act; or

(b)

affect or prevent the performance or exercise of any function or power by an agency or an officer or employee of that agency.

Compare: 1988 No 20 s 11

Delegation of functions or powers

6 Delegation of functions or powers

(1)

The Commissioner may, either generally or particularly, delegate functions or powers to a person or group, including a function or power delegated to the Commissioner under this Act or another enactment.

(2)

The delegation power includes power to delegate—

(a)

the conduct of an investigation or inquiry that the Commissioner is required or empowered to conduct under this Act or another enactment:

(b)

all or any of the functions and powers that the Commissioner has under this Act or that other enactment for the investigation or inquiry.

(3)

The Commissioner must not delegate—

(a)

the power to delegate under this clause; or

(b)

the power to select board members or designating the chairperson of an interdepartmental executive board under section 29; or

(c)

the power to designate the chairperson of the board of an interdepartmental venture under section 36; or

(d)

the powers under clauses 3 and 4 of Schedule 7 (relating to the appointment and reappointment of chief executives, respectively); or

(e)

the powers under clause 8 of Schedule 7 (relating to the removal of a chief executive from office).

(4)

A person to whom a function or power has been delegated may, with the prior approval of the Commissioner, in writing, subdelegate the function or power to another person working in or holding a specified office in the State services.

(5)

A delegation or subdelegation under this clause must be in writing.

(6)

Subject to any general or special directions given or conditions imposed by the Commissioner, the person to whom a function or power is delegated or subdelegated may perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred or imposed on them directly by this Act.

(7)

A person acting under a delegation or subdelegation must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation or subdelegation.

(8)

A delegation or subdelegation may be made to a specified person or persons of a specified class, or to the holder or holders of a specified office or specified classes of offices.

(9)

A delegation or subdelegation does not affect or prevent the performance of a function or the exercise of a power by the Commissioner or affect the Commissioner’s responsibility for the actions of a person acting under the delegation or subdelegation.

Compare: 1988 No 20 s 23

7 Revocation and continuation of delegations and subdelegations

(1)

A delegation or subdelegation may be revoked in writing at will.

(2)

A delegation or subdelegation continues in force until it is revoked.

(3)

If the Commissioner who made a delegation, or the person who subdelegated a function or power under clause 6(4), ceases to hold office, or is absent from duty,—

(a)

the delegation continues to have effect as if made by the Commissioner’s successor or the person acting for the Commissioner:

(b)

the subdelegation continues to have effect as if made by the person’s successor or the person acting for them.

Compare: 1988 No 20 s 24

Investigations and inquiries

8 Application of Inquiries Act 2013

(1)

This clause applies if the Commissioner—

(a)

investigates or inquires into any matter while carrying out functions under this Act or another Act (whether acting under a requirement imposed under an Act or on the Commissioner’s own initiative); and

(b)

has certified that, in order to carry out those functions, it is reasonably necessary that the provisions listed in subclause (2) apply to the investigation or inquiry.

(2)

The following provisions of the Inquiries Act 2013 apply to an investigation or inquiry under this clause:

ProvisionSubject matter
Section 10Duty of an inquiry to act independently, impartially, and fairly
Section 14Regulation of inquiry procedure
Section 15Power to impose restrictions on access to inquiry
Section 16Power to postpone or temporarily suspend inquiry
Section 17Designation of core participants of inquiry
Sections 19–22Evidential matters
Sections 23–26Witnesses and immunities
Section 29Offences
Section 30Penalties for offences
Section 31Contempt proceedings
Section 32Application of Official Information Act 1982
Section 34Questions of law to be referred to High Court

(3)

Those provisions of the Inquiries Act 2013 must be read—

(a)

as if the Commissioner were an inquiry established under that Act and (if applicable) the Prime Minister or Minister who directed or requested the intervention by the Commissioner were the appointing Minister; and

(b)

as if the terms document, information, and officer of an inquiry had the same meanings as in section 4 of that Act; and

(c)

with other necessary modifications.

(4)

A delegation under section 21 of the Inquiries Act 2013 must be made in accordance with clause 6.

(5)

In exercising powers under the Inquiries Act 2013, the Commissioner—

(a)

has no power to determine the civil, criminal, or disciplinary liability of a person:

(b)

may make 1 or more of the following:

(i)

findings of fault:

(ii)

recommendations that further steps be taken to determine the civil, criminal, or disciplinary liability of a person:

(iii)

findings or recommendations for the improvement and benefits of the State services relevant to the findings of the investigation:

(c)

may receive a report from any person, make a report to any person, or make any public report regarding the matters investigated.

Compare: 1988 No 20 s 9A

9 Commissioner’s certificate

(1)

A certificate made under clause 8(1)(b) must—

(a)

be in writing; and

(b)

specify the person or persons who will be conducting the investigation or the inquiry; and

(c)

summarise the subject matter of the investigation or the inquiry; and

(d)

set out the reason or reasons why the Commissioner is satisfied that, in order to carry out functions, it is reasonably necessary that the provisions specified in clause 8(2) apply to the investigation or inquiry.

(2)

The Commissioner must not delegate the power to make a certificate.

(3)

The Commission’s annual report, required by section 43 of the Public Finance Act 1989, must include—

(a)

a statement of the number of certificates made by the Commissioner under clause 8(1)(b) during the financial year to which the report relates; and

(b)

for each certificate, a summary description of the matter that was the subject of the investigation or inquiry.

Compare: 1988 No 20 s 9B

10 Information privacy principles 6 and 7 do not apply during inquiry or investigation

(1)

This clause applies to an inquiry or an investigation for which a certificate has been issued under clause 8(1)(b).

(2)

Information privacy principles 6 and 7 do not apply to personal information contained in evidence given or submissions made to an inquiry or investigation conducted under clause 2, until the Commissioner publishes a final report or otherwise concludes the inquiry or investigation.

(3)

In subclause (2), information privacy principle and personal information have the meanings given to them in section 2(1) of the Privacy Act 1993.

Compare: 1988 No 20 s 9C

11 Immunities and privileges of participants in inquiry or investigation

(1)

Witnesses and other persons (other than counsel) participating in an inquiry or investigation under clause 2 have the same immunities and privileges as if they were appearing in civil proceedings, and subpart 8 of Part 2 of the Evidence Act 2006 applies to the inquiry or investigation, to the extent that it is relevant, as if the inquiry or investigation were a civil proceeding.

(2)

The Commissioner may make any order or direction that a Judge may make under section 52, 53, 69, or 70 of that Act with the same effect as if it were an order or a direction of a Judge.

(3)

Counsel appearing before an inquiry or investigation have the same immunities and privileges as they would have if appearing before a court.

Compare: 1989 No 20 s 9D

Remuneration set by Commissioner

12 Remuneration and status of independent advisers

(1)

The Commissioner must pay a person appointed as an independent adviser to an interdepartmental executive board under section 29(3) fees for their services, and expenses reasonably incurred in providing those services, in accordance with the fees framework.

(2)

An independent adviser is not a public service employee by reason of their appointment to that role.

(3)

A public service chief executive, a public service employee, or a chief executive or an employee in the wider State services who is appointed as an independent adviser as a representative of their department or organisation is not entitled to any payment under this clause.

Compare: 1988 No 20 s 22

13 Remuneration and status of advisory committee members

(1)

The Commissioner must pay persons appointed to an advisory committee under section 50 fees for their services, and expenses reasonably incurred in providing those services, in accordance with the fees framework.

(2)

A member of an advisory committee is not a public service employee by reason of their appointment to an advisory committee.

(3)

A public service chief executive, a public service employee, or a chief executive or an employee in the wider State services who is appointed to an advisory committee as a representative of their department or organisation is not entitled to any payment under this clause.

Compare: 1988 No 20 s 22

Reports

14 Commissioner’s report

(1)

The Commissioner must give a report to the Minister on the operations of the Commissioner for each financial year as soon as practicable after the end of that year.

(2)

The report must be presented and published in accordance with section 44 of the Public Finance Act 1989 as if it were a department’s annual report.

Compare: 1988 No 20 s 19

15 Power to incorporate Commissioner’s report with Commission’s annual report

The Commissioner may incorporate the report required under clause 14 with the report required by section 43 of the Public Finance Act 1989 on the operations of the Commission for the relevant financial year.

Compare: 1988 No 20 s 20

16 Three-yearly briefings on state of public service

(1)

The Commissioner must give a briefing to the Minister on the state of the public service at least once every 3 years.

(2)

The purpose of a briefing is to promote stewardship of the public service.

(3)

The subject matter must be selected by the Commissioner and take into account the issues that the Commissioner considers are of significant public interest.

(4)

The briefing may include an assessment of—

(a)

whether and the extent to which—

(i)

the public service is achieving its purpose:

(ii)

public service chief executives, public service agencies, and Crown agents are upholding the public service principles:

(iii)

public service chief executives, public service agencies, and Crown agents are promoting stewardship of the public service, in particular its long-term capability:

(iv)

people working in the public service are meeting the required standards of integrity and conduct:

(v)

public service agencies are achieving workforce diversity and inclusiveness:

(b)

the risks and opportunities that are affecting the context in which the public service operates:

(c)

any other matter that the Commissioner thinks is relevant.

(5)

The Minister must present a copy of a briefing to the House of Representatives as soon as reasonably practicable after receiving it.

Access by political parties to public service agencies and functional chief executives for negotiations to form government after general election

17 Access to public service agencies and functional chief executives for negotiations to form government

(1)

This clause applies if a political party wishes to have access to a public service agency or functional chief executive for the purpose of negotiations to form a government.

(2)

Access to an agency includes access to information held by the agency or having an analysis completed by the agency.

(3)

The political party must make a request to the Commissioner.

(4)

A request may be made only during the period that begins on the day after the day of an election and ends when the Commissioner is satisfied that negotiations to form a government involving that party have concluded.

(5)

In this clause, political party includes an individual who was a constituency candidate referred to in section 143 of the Electoral Act 1993.

(6)

This clause does not limit the Official Information Act 1982.

18 Information to be included in request

A request to the Commissioner under clause 17 must contain sufficient information to satisfy the Commissioner of the following:

(a)

that the political party making the request is or will be a party to negotiations to form a government; and

(b)

that the information or analysis sought is relevant to those negotiations.

19 Approval of access to public service agency

(1)

The Commissioner must approve a request under clause 17 if reasonably satisfied of the matters in clause 18(a) and (b).

(2)

This clause is subject to clause 20.

20 Commissioner to set standards for access to public service agencies

(1)

The Commissioner must set standards for public service agencies and functional chief executives to follow when complying with a request under clause 17.

(2)

The standards may specify categories of information that cannot be made available under the process in clause 17.

(3)

Chief executives, interdepartmental executive boards, and boards of interdepartmental ventures must comply, and chief executives that lead agencies and boards of interdepartmental ventures must ensure that the agencies they lead comply, with those standards, unless otherwise agreed by the Commissioner.

Schedule 4 Other terms and conditions of appointment of Commissioner and Deputy Commissioners

s 48

1 Term of appointment

(1)

The Commissioner and the 2 Deputy Commissioners must each be appointed for a term of up to 5 years.

(2)

The Commissioner and a Deputy Commissioner may be reappointed for further terms.

(3)

If a person who is employed in the State services is appointed as Commissioner or a Deputy Commissioner, their term of office must be treated as continuous service in the part of the State services in which they were previously employed for the purposes of—

(b)

appointment to a position in the State services on the termination of that person’s service as Commissioner or Deputy Commissioner; and

(c)

entitlement to leave of absence.

Compare: 1988 No 20 s 13

2 Acting Commissioner or acting Deputy Commissioner

(1)

The Governor-General, on the recommendation of the Prime Minister, may appoint an acting Commissioner or acting Deputy Commissioner to act for the Commissioner or a Deputy Commissioner, respectively, in the event of—

(a)

their incapacity by reason of illness or absence; or

(b)

any reasonable cause that requires them to stand down (whether temporarily or for a particular matter).

(2)

Subclause (1) also applies when a Deputy Commissioner is performing the functions or duties or exercising the powers of the Commissioner under section 47(5).

(3)

An appointment of an acting Commissioner or acting Deputy Commissioner and acts done by them cannot be questioned in proceedings on the ground that there was no, or there no longer is a, reason for the appointment.

Compare: 1988 No 20 s 14

3 Remuneration and expenses

(1)

The Commissioner and Deputy Commissioners must be paid remuneration that is determined in each case by the Remuneration Authority.

(2)

Subject to the Remuneration Authority Act 1977, a determination may be made to come into force on a date specified in the determination, being the date of the making of the determination, or another date, whether before, on, or after the date of the making of the determination.

(3)

A determination that does not specify a date comes into force on the date on which it is made.

Compare: 1988 No 20 s 15

4 Removal from office

(1)

The Commissioner or a Deputy Commissioner may be suspended or removed from office only as provided in this clause.

(2)

The Governor-General may suspend the Commissioner or a Deputy Commissioner from office for misbehaviour or incompetence.

(3)

The Governor-General must present a full statement of the grounds of a suspension to the House of Representatives within 7 sitting days after the date of the suspension.

(4)

The Commissioner or Deputy Commissioner must be treated as being restored to office, unless—

(a)

the House of Representatives, within 21 days from the date on which the statement is presented to it, declares by resolution that the Commissioner or Deputy Commissioner must be removed from office; and

(b)

the Governor-General removes that Commissioner or Deputy Commissioner.

(5)

The date on which the Commissioner or Deputy Commissioner is to be treated as being restored or removed from office is the date on which they were suspended by the Governor-General.

(6)

Unless the Governor-General otherwise directs, the Commissioner or Deputy Commissioner who has been removed from office may not be reappointed to the State services and may not be paid a retiring allowance under the Government Superannuation Fund Act 1956.

Compare: 1988 No 20 s 16

5 Vacation of office

(1)

A person who holds office as the Commissioner or a Deputy Commissioner must be treated as having vacated office if,—

(a)

without the approval of the Governor-General, they—

(i)

engage in paid employment or business other than the functions of their office; or

(ii)

are appointed to and accept another office or position in the State services:

(b)

they become bankrupt or have sought an alternative to bankruptcy described in section 8 of the Insolvency Act 2006:

(c)

they absent themselves from duty except with the authority of the Governor-General:

(d)

they resign to the Governor-General.

(2)

Despite this clause, the Commissioner or a Deputy Commissioner may act temporarily in a position in the State services that is vacant (including the position of chief executive).

Compare: 1988 No 20 s 17

6 Superannuation

(1)

If a person who is a contributor to the Government Superannuation Fund is appointed as Commissioner or a Deputy Commissioner, they are entitled to receive from the fund an annual retiring allowance for the rest of their life computed in the manner prescribed by Part 2 or 2A of the Government Superannuation Fund Act 1956, even if they have not attained the age or had the length of service that would entitle them to a retiring allowance under that Act, unless they—

(a)

are reappointed as Commissioner or a Deputy Commissioner; or

(b)

are appointed to another office in the Government service (within the meaning of the Government Superannuation Fund Act 1956); or

(c)

have ceased to be a contributor to the Government Superannuation Fund; or

(d)

are not entitled to a retiring allowance under clause 4(6).

(2)

In subclause (1)(a), reappointed includes a person who is a Deputy Commissioner becoming the successor to the Commissioner.

Compare: 1988 No 20 s 18

Schedule 5 Functional chief executives and host departments

s 51(3)

Functional chief executiveHost department

No functional chief executive roles have been established as at the date of enactment.

Schedule 6 Other functions and powers of public service chief executives

s 58(1)

General powers

1 General powers of public service chief executives

Chief executives have all the powers that are reasonably necessary to carry out—

(a)

the responsibilities, functions, and duties imposed on them by this Act or another enactment; and

(b)

the responsibilities, functions, and duties imposed on the department they lead or carry out some functions within, or on the departmental agency they lead, by another Act.

Compare: 1988 No 20 s 34(2)

Delegation by public service chief executives

2 Delegation of functions or powers

(1)

A chief executive may, either generally or particularly, delegate functions or powers under this Act or another enactment (including functions or powers delegated to the chief executive under this Act or another enactment).

(2)

However,—

(a)

the delegation of functions or powers delegated to the chief executive by a Minister requires the prior approval of that Minister; and

(b)

the delegation of functions or powers delegated to the chief executive by the Commissioner requires the prior approval of the Commissioner.

(3)

A person to whom a function or power has been delegated under subclause (1) may, with the prior approval of the chief executive in writing, subdelegate the function or power.

(4)

The following persons only may be a delegate under subclause (1) or a subdelegate under subclause (3):

(a)

another public service chief executive:

(b)

a public service employee:

(c)

an individual working in the public service as a contractor or as a secondee from elsewhere in the State services in relation to a function of the public service:

(d)

the holder of a specified office in the public service.

(5)

A chief executive may also delegate a clearly identified function or power to a person outside the public service, but only after—

(a)

obtaining the appropriate Minister’s prior approval; and

(b)

being satisfied that any potential conflicts of interest will be avoided or managed.

(6)

A delegation or subdelegation under this clause must be in writing.

(7)

A delegate under subclause (5) must not subdelegate a delegated function or power.

(8)

A delegation described in subclause (5) must be noted, with a description of an assessment of how effectively the delegated function or power was performed or exercised,—

(a)

if it was made by the chief executive of a department, in the annual report of that department; or

(b)

if it was made by the chief executive of a departmental agency, in the annual report of that departmental agency; or

(c)

if it was made by a functional chief executive, in the annual report of the host department.

(9)

A delegate described in subclause (5) must comply (in the same way as a delegate or subdelegate described in subclause (4) must comply) with the following obligations:

(a)

all relevant statutory obligations; and

(b)

all relevant obligations in minimum standards of conduct and integrity set by the Commissioner.

(10)

Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom any functions or powers are delegated or subdelegated may perform those functions or exercise those powers in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred on them directly by this Act.

(11)

The power to delegate or subdelegate—

(a)

is subject to any prohibitions, restrictions, or conditions contained in an enactment relating to delegation of the chief executive’s functions or powers; but

(b)

does not limit a power of delegation conferred on the chief executive by an enactment.

(12)

If a document is used to inform a person of an action taken by a delegate described in subclause (5), the document must—

(a)

state that the action was taken by a delegate outside the public service and, if relevant, the State services; and

(b)

state the delegate’s name and office; and

(c)

state that a copy of the instrument of delegation may be inspected at the chief executive’s office.

(13)

A person acting under a delegation or subdelegation must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation or subdelegation.

(14)

A delegation or subdelegation may be made to a specified person or persons of a specified class, or to the holder or holders of a specified office or specified class of offices.

(15)

A delegation or subdelegation does not affect or prevent the performance of a function or the exercise of a power by a chief executive or affect their responsibility for the actions of the person acting under the delegation or subdelegation.

Compare: 1988 No 20 s 41

3 Application of Ombudsmen Act 1975 and Official Information Act 1982 to certain delegates

(1)

Information held by a delegate described in clause 2(5) as a result of performing any delegated function or exercising any delegated power is, for the purposes of the Official Information Act 1982 (see section 2(5) of that Act), to be treated as being held by,—

(a)

in the case of a delegation made by the chief executive of a department, that department; or

(b)

in the case of a delegation made by the chief executive of a departmental agency or a functional chief executive, the host department of that departmental agency or functional chief executive.

(2)

The Ombudsmen Act 1975 and the Official Information Act 1982 apply to a delegate performing any delegated function or exercising any delegated power under clause 2 as if the delegate were an organisation named in Schedule 1 of the Ombudsmen Act 1975.

Compare: 1988 No 20 s 41

4 Revocation and continuation of delegations and subdelegations

(1)

A delegation or subdelegation may be revoked in writing at will.

(2)

A delegation or subdelegation continues in force until it is revoked.

(3)

If the chief executive who made a delegation, or the person who subdelegated a function or power under clause 2(3), ceases to hold office, or is absent from duty,—

(a)

the delegation continues to have effect as if made by that chief executive’s successor or the person acting for the chief executive:

(b)

the subdelegation continues to have effect as if made by that person’s successor or the person acting for them.

Compare: 1988 No 20 s 42

Delegations by Ministers to chief executives

5 Delegation of functions or powers of appropriate Minister

(1)

The appropriate Minister for a department, a departmental agency, or a functional chief executive may, either generally or particularly, delegate to the relevant chief executive all or any of the Minister’s functions or powers under this Act or another enactment, including functions or powers delegated to the Minister under this Act or another enactment.

(2)

The delegation must be in writing.

(3)

The Minister must not delegate the power to delegate under this clause.

(4)

The power to delegate—

(a)

is subject to any prohibitions, restrictions, or conditions contained in an enactment relating to delegation of the Minister’s functions or powers; but

(b)

does not limit a power of delegation conferred on the Minister by an enactment.

(5)

Subject to any general or special directions given or conditions imposed by the Minister, a chief executive may perform a delegated function or exercise a delegated power in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred on them directly by this clause.

(6)

A chief executive acting under a delegation must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.

(7)

A delegation does not affect or prevent the performance of a function or the exercise of a power by the Minister or affect the Minister’s responsibility for the actions of a person acting under the delegation.

Compare: 1988 No 20 s 28

6 Revocation and continuation of delegations

(1)

A delegation may be revoked in writing at will.

(2)

A delegation continues in force until it is revoked.

(3)

If the Minister who made it ceases to hold office, or is absent from duty, it continues to have effect as if made by the Minister’s successor or the person acting for the Minister.

(4)

The relevant chief executive must advise a Minister’s successor of the terms of a delegation as soon as practicable after that Minister takes up office.

(5)

If the chief executive to whom a delegation has been made ceases to hold office, the delegation continues to have effect as if made to—

(a)

a person acting in the place of the chief executive:

(b)

the chief executive’s successor.

Compare: 1988 No 20 s 29

Functions, responsibilities, duties, and powers under other Acts

7 Functions, responsibilities, duties, and powers under other Acts

The functions, responsibilities, duties, and powers imposed on or given to a chief executive by this Act are in addition to those imposed on or given to them by another Act.

Compare: 1988 No 20 s 34(1)

Long-term insights briefings

8 Long-term insights briefings

(1)

A chief executive of a department must give a long-term insights briefing to the appropriate Minister at least once every 3 years and must do so independently of Ministers.

(2)

The purpose of a briefing is to make available into the public domain—

(a)

information about medium- and long-term trends, risks, and opportunities that affect or may affect New Zealand and New Zealand society:

(b)

information and impartial analysis, including policy options for responding to matters in the categories referred to in paragraph (a).

(3)

A briefing may set out the strengths and weaknesses of policy options but without indicating a preference for a particular policy option.

(4)

The subject matter must be selected by a chief executive taking into account—

(a)

the purpose of the briefing; and

(b)

the matters in the categories in subclause (2)(a) that the chief executive considers are particularly relevant to the functions of their department.

(5)

Two or more chief executives may give a joint briefing that meets the requirements of this clause for each of the departments covered by the briefing.

(6)

Any agency in the State services may contribute to a briefing by a department or departments on subject matter relevant to the operation of their agency.

(7)

The Minister must present a copy of a briefing to the House of Representatives as soon as is reasonably practicable after receiving it.

9 Public consultation

(1)

A chief executive must undertake public consultation on—

(a)

the subject matter to be included in a long-term insights briefing; and

(b)

a draft of the briefing.

(2)

A chief executive must take into account any feedback received from public consultation when finalising the briefing.

Schedule 7 Appointment and performance review of public service chief executives

s 58(2)

1 Commissioner has rights, powers, and duties of employer

The Commissioner has all the rights, powers, and duties of an employer in relation to chief executives, except as expressly provided in this Act.

Compare: 1988 No 20 s 38(1AA)

2 Term of appointment

(1)

A chief executive must be appointed for a term of not more than 5 years.

(2)

A chief executive is eligible for reappointment for further terms.

Compare: 1988 No 20 s 38

3 Appointment

(1)

Subject to clauses 4, 5, and 11, a chief executive can be appointed by the Commissioner only in accordance with this clause.

(2)

If there is a vacancy or an impending vacancy for a chief executive position, the Commissioner must—

(a)

inform the Minister and the appropriate Minister; and

(b)

invite those Ministers to identify any matters that the chairperson of the panel under this clause must take into account when deciding upon the person to be recommended for appointment to the position.

(3)

The Commissioner must notify the vacancy using the means that the Commissioner is satisfied will enable suitably qualified persons to apply for the position.

(4)

For each vacancy, a panel must be established with the following members:

(a)

the Commissioner or a Deputy Commissioner as chairperson; and

(b)

a Deputy Commissioner or an employee of the Commission; and

(c)

1 or more persons appointed by the Commissioner after consultation with the appropriate Minister.

(5)

If a vacancy is for the position of chief executive of a departmental agency or a functional chief executive, the panel must also include the chief executive of the host department.

(6)

The panel must—

(a)

examine applicants for the position; and

(b)

seek advice from other sources that the panel thinks relevant; and

(c)

deliberate on which applicant is to be recommended for appointment.

(7)

The panel must undertake those functions having regard to the requirements in this Act relating to merit-based appointments and diversity and inclusiveness.

(8)

After the deliberations of the panel, the chairperson must decide which applicant is to be recommended to the Minister for appointment.

(9)

The chairperson may invite other persons to assist the panel and to take part in the examination of applicants or the panel’s deliberations, or both.

(10)

The chairperson must forward to the Minister the name of the applicant to be recommended for appointment, together with full details of that person’s qualifications.

(11)

The Minister must refer the chairperson’s recommendations to the Governor- General in Council.

(12)

The Governor-General in Council must decide whether the chairperson’s recommendation is to be accepted or declined.

(13)

The Minister must inform the chairperson whether the chairperson’s recommendation has been accepted or declined.

(14)

If the chairperson’s recommendation is accepted, the chairperson must—

(a)

appoint the person recommended; and

(b)

publish notice of the appointment in the Gazette without delay.

(15)

If the chairperson’s recommendation is declined,—

(a)

the Governor-General may direct the chairperson to appoint a particular person to the position; and

(b)

the Governor-General is not required to comply with subclauses (1) to (14) when doing so; and

(c)

the chairperson must appoint the person and publish notice of the appointment in the Gazette without delay.

Compare: 1988 No 20 s 35

4 Reappointment

(1)

The Commissioner may—

(a)

recommend to the Minister that an existing chief executive be reappointed for further terms:

(b)

make the recommendation without first notifying the impending vacancy or examining other applicants or establishing a panel.

(2)

Clause 3(11) to (14) applies to the recommendation (with any necessary modifications) as if it were a recommendation under clause 3(10).

Compare: 1988 No 20 s 36

5 Appointment and reappointment of Government Statistician

(1)

The Government Statistician must be appointed by the Commissioner in accordance with this clause.

(2)

Subject to subclause (4), the Commissioner must appoint the Government Statistician using the process in clause 3(2) to (9) and must publicly announce the appointment.

(3)

Clauses 3(10) to (15) and 4 do not apply to the appointment or reappointment of the Government Statistician.

(4)

The Commissioner—

(a)

may reappoint the Government Statistician for further terms:

(b)

may reappoint the Government Statistician without first notifying the impending vacancy or examining other applicants.

Compare: 1988 No 20 s 37

6 Transfer of chief executives

(1)

The Commissioner may recommend to the Minister that a chief executive or a Deputy Commissioner be transferred to fill a vacancy or an impending vacancy in a chief executive position.

(2)

Clause 3(11) to (14) applies to the recommendation (with any necessary modifications) as if it were a recommendation under clause 3(10).

(3)

Clause 3(10) to (15) does not apply to the recommendation if it relates to a transfer of a person into a vacancy or an impending vacancy in the position of Government Statistician.

(4)

Before making the recommendation, the Commissioner must—

(a)

believe on reasonable grounds that the transfer would be in the public interest; and

(b)

obtain the chief executive or Deputy Commissioner’s agreement to the transfer; and

(c)

consult the appropriate Ministers.

(5)

The Commissioner must have regard to the requirement in this Act for merit-based appointments as if a transfer under this section were an appointment.

(6)

The Commissioner may make the recommendation without notifying the vacancy or impending vacancy or examining other applicants or establishing a panel.

Compare: 1988 No 20 s 37A

7 Conditions of employment

(1)

The conditions of employment of chief executives comprise—

(a)

specific conditions of employment for chief executives provided in this Act; and

(b)

other conditions of employment (that are not inconsistent with the conditions referred to in paragraph (a)) determined in each case by agreement between the Commissioner and the chief executive, but the Commissioner must consult the Prime Minister and the Minister about those conditions of employment before finalising them with the chief executive.

(2)

The consultation requirement in subclause (1)(b) does not apply to the conditions of employment of the Government Statistician.

Compare: 1988 No 20 s 38

8 Removal from office

(1)

The Commissioner may remove a chief executive from office—

(a)

for just cause or excuse; and

(b)

with the agreement of the Governor-General in Council.

(2)

The Commissioner must consult the chief executive of the host department before removing a chief executive of a departmental agency or a functional chief executive.

Compare: 1988 No 20 s 39

9 Acting chief executive

(1)

Subclause (2) applies if—

(a)

there is a vacancy in the position of a chief executive; or

(b)

a chief executive is absent from duty (for whatever reason) and that chief executive is unable to delegate their functions, duties, and powers under this Act to another person under clause 2 of Schedule 6.

(2)

All or any of the functions, duties, and powers of the chief executive may be performed or exercised by another public service chief executive, or any person, appointed by the Commissioner to perform or exercise them.

(3)

The appointment may be made before the absence or vacancy occurs or while it continues.

(4)

If a new department or departmental agency or a functional chief executive role is to be established on a certain date, the Commissioner may appoint a person to act in the role whom the Commissioner thinks suitable to perform the functions and duties and exercise the powers of the chief executive of that new department or departmental agency or the functional chief executive role.

(5)

The appointment of an acting chief executive ceases on the date on which a chief executive of the new department or departmental agency or functional chief executive takes office.

(6)

An appointment of an acting chief executive and acts done by them cannot be questioned in proceedings on either of the following grounds:

(a)

there was no reason, or is no longer a reason, for the appointment:

(b)

the acting chief executive was not appointed to the position of chief executive.

(7)

The Commissioner must determine the conditions of employment that are to apply to an acting chief executive.

Compare: 1988 No 20 s 40

10 Performance review

(1)

The Commissioner is responsible to the appropriate Minister for reviewing, either generally or for a particular matter, the performance of each chief executive.

(2)

The Commissioner may conduct a performance review of an individual chief executive or of a group of chief executives relating to how they act together collectively (for example, of their performance as an interdepartmental executive board or the board of an interdepartmental venture).

(3)

When reviewing the performance of an individual chief executive of a departmental agency or functional chief executive, the Commissioner must consult the chief executive of the host department.

(4)

The Commissioner must determine the frequency and timing of reviews for each chief executive.

(5)

The Commissioner may report—

(a)

to the appropriate Minister or Ministers individually or as a group; and

(b)

in the manner the Commissioner thinks fit.

Compare: 1988 No 20 s 43

11 Special provisions for certain chief executives

(1)

Nothing in clauses 1, 2, 3, 4, 6, 7, 8, and 10 applies to the Commissioner when operating as the chief executive of the Commission.

(2)

Nothing in clauses 1, 2, 3, 4, 6, 7, and 8 applies to the Solicitor-General, and a review of the Solicitor-General’s performance under clause 10

(a)

must only relate to the Solicitor-General’s responsibilities as the chief executive of the Crown Law Office; and

(b)

must not relate to the carrying out of the independent and constitutional functions of the Solicitor-General or the performance of persons assisting the Solicitor-General in carrying out those functions.

(3)

For the purposes of this Act, the Solicitor-General is the chief executive of the Crown Law Office.

Compare: 1988 No 20 s 44

Schedule 8 Employment provisions

s 85

Employment of public service employees

1 Obligation to notify vacancies

(1)

If a chief executive of a department or the board of an interdepartmental venture intends to fill a position that is vacant or is to become vacant, the chief executive or board must, if practicable, notify the vacancy or prospective vacancy using 1 or more means that will enable suitably qualified people to apply for the position.

(2)

This clause does not apply to ministerial staff.

Compare: 1988 No 20 ss 61, 66

2 Acting appointments

(1)

If an employee is absent from duty (for whatever reason) or there is a vacancy in a position in a department or an interdepartmental venture (for whatever reason), the chief executive of the department or board of the interdepartmental venture may direct another employee to carry out the duties and exercise the powers of the relevant position.

(2)

A direction or acts of an employee acting under the direction cannot be questioned in proceedings on the grounds that—

(a)

there was no absence or vacancy or there is no longer an absence or a vacancy:

(b)

the employee acting under the direction was not appointed to the relevant position.

Compare: 1988 No 20 s 62

3 Evidence of appointments

(1)

An appointment to an office or a position in a department or an interdepartmental venture must be made, confirmed, or approved by the chief executive or board that made the appointment.

(2)

Despite anything to the contrary in any Act, it is not necessary for the chief executive or board to execute a formal warrant or other instrument in special form.

(3)

An instrument issued by a chief executive or board stating that a person named in the instrument was appointed to an office or a position in a department or an interdepartmental venture from and including a particular date is sufficient evidence of the appointment unless the contrary is proved.

Compare: 1988 No 20 s 63

4 Obligation to notify appointments

(1)

The chief executive of a department or the board of an interdepartmental venture must notify the employees within the agency of appointments made by the chief executive or board.

(2)

This clause does not apply to appointments of acting, temporary, or casual employees or to ministerial staff.

Compare: 1988 No 20 ss 64, 66

5 Review of appointments

(1)

The chief executive of each department and the board of each interdepartmental venture must put into place a procedure for reviewing appointments made to the public service within that agency that are the subject of a complaint by an employee in that agency.

(2)

The procedure must be approved by the Commissioner and must comply with the guidelines prescribed by the Commissioner.

(3)

This clause does not apply to acting appointments or to appointments of ministerial staff.

Compare: 1988 No 20 ss 65, 66

6 Medical examinations

(1)

A chief executive of a department or the board of an interdepartmental venture may request an applicant for appointment as an employee to undergo a medical examination for either or both of the following purposes:

(a)

to determine the applicant’s ability to perform the duties of the position applied for:

(b)

to assist the chief executive or board to fulfil the requirements of section 73 in relation to the applicant if the applicant becomes an employee.

(2)

A chief executive of a department or the board of an interdepartmental venture may request an employee to undergo a medical examination for either or both of the following purposes:

(a)

to determine the employee’s ability to perform the duties of the position in which the employee is employed:

(b)

to assist the chief executive or board to fulfil the requirements of section 73 in relation to the employee.

(3)

The request must be in writing and state the relevant purpose or purposes described in subclause (1) or (2) for which the request is made.

(4)

The chief executive or board may nominate a medical practitioner to undertake the examination.

(5)

The department or interdepartmental venture must pay for the examination.

(6)

The medical practitioner who examines the person must, if the person examined consents, as soon as is reasonably practicable after the examination provide a written report of the examination to the chief executive or board.

Compare: 1988 No 20 s 82

Application of collective agreements to employees following reorganisations

7 Application of collective agreements to employees following reorganisations

(1)

This clause limits which employees may be bound by a collective agreement that—

(a)

binds the chief executive or board of a department or an interdepartmental venture (A) before a transfer of functions from A to another department or interdepartmental venture (B) and that, as a consequence of clauses 2 and 3 of Schedule 9, binds the chief executive or board of B after that transfer of functions (collective agreement A); or

(b)

binds the chief executive or board of B before that transfer of functions (collective agreement B).

(2)

After that transfer of functions,—

(a)

the only employees of B who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position as an employee in B that has been established (whether or not previously existing in A) to enable B to carry out the transferred functions; and

(b)

the only employees of B who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position as an employee other than a position referred to in paragraph (a).

(3)

Subclause (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.

(4)

This clause limits which employees may be bound by collective agreements, and the coverage of those agreements, under sections 76 to 80 of this Act and sections 56(1), 57, 62(3), and 243 of the Employment Relations Act 2000.

(5)

This clause does not apply to a collective agreement to the extent that the parties to the agreement agree otherwise.

Compare: 1988 No 20 s 61D

Application of employee and reorganisation provisions to transfers of functions between public service agencies and Crown entities

8 Application of employee and reorganisation provisions to transfers of functions between public service agencies and Crown entities

This clause and clauses 9 to 11 apply to a transfer of functions from a Crown entity to a public service agency or to a transfer of functions from a public service agency to a Crown entity.

Compare: 1988 No 20 s 61B

9 Restriction of redundancy payments

Sections 88(1) and (3) and 89 apply—

(a)

as if—

(i)

a reference to a public service employee were a reference to an employee of a Crown entity, department, or interdepartmental venture; and

(ii)

a reference to the employee’s current department or interdepartmental venture were a reference to the employee’s current Crown entity, department, or interdepartmental venture; and

(b)

with all other necessary modifications.

Compare: 1988 No 20 s 61B(2)(a)

10 Application of reorganisation provisions to collective agreements

(1)

The provisions specified in subclauses (2) and (3) (relating to reorganisations) apply to the extent that—

(a)

those provisions relate to a collective agreement that binds the chief executive of a Crown entity or department or the board of an interdepartmental venture before the transfer of the functions; and

(b)

that collective agreement applies to an employee whose position in the Crown entity or department or interdepartmental venture ceases to exist as a result of the transfer of functions.

(2)

Clause 2(3) and (6) of Schedule 9 applies—

(a)

as if a reference to the public service agency whose functions have been transferred were a reference to the Crown entity or public service agency whose functions are being transferred; and

(b)

with all other necessary modifications.

(3)

Clause 3(3) of Schedule 9 applies—

(a)

as if a reference to the chief executive of the public service agency whose functions have been transferred were a reference to the board of the Crown entity, or the chief executive or board of the public service agency, whose functions have been transferred; and

(b)

with all other necessary modifications.

Compare: 1988 No 20 s 61B(1)(b)

11 Application of collective agreements to employees following reorganisations

(1)

Clause 7 applies to the extent that—

(a)

any collective agreement binds the chief executive of a Crown entity or department or the board of an interdepartmental venture before the transfer of the functions; and

(b)

that collective agreement applies to an employee whose position in the Crown entity or department or interdepartmental venture ceases to exist as a result of the transfer of functions.

(2)

Clause 7 applies in respect of the Crown entity, department, or interdepartmental venture that functions are transferred from—

(a)

as if any reference to department or interdepartmental venture A in that clause were a reference to that Crown entity or department or interdepartmental venture; and

(b)

with all other necessary modifications.

Compare: 1988 No 20 s 61B(1)(b)

Superannuation schemes for employees of State services agencies

12 Interpretation

In clauses 13 and 14,—

contribute, in relation to a superannuation scheme, means to make superannuation contributions to the scheme to provide to a significant extent the benefits payable by the scheme, not being merely nominal contributions or contributions only to meet the costs of administration and management of investments of the scheme

employee includes a chief executive

employer

(a)

means a person who pays, or is liable to pay, earnings to an employee as an employer; but

(b)

means the chief executive of the Ministry (as defined in section 10(1) of the Education and Training Act 2020), for the duration of the application period in that section, in relation to—

(i)

a State school (as defined in section 10(1) and (9)(b) of that Act); or

(ii)

a special institution (as defined in section 10(1) of that Act); or

(iii)

a free kindergarten (as defined in section 10(1) of that Act); and

(c)

includes a person or an organisation whose officers or employees were, immediately before 1 July 1992, entitled to elect or required to become contributors to the Government Superannuation Fund established under the Government Superannuation Fund Act 1956

State services includes—

(a)

a tertiary institution:

(b)

an employer as defined in this clause

superannuation scheme or scheme means a retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).

Compare: 1988 No 20 s 84

13 Power to establish superannuation schemes for officers and employees

An employer in the State services may—

(a)

arrange for a superannuation scheme or schemes to be established for its officers or employees (or both):

(b)

join with another employer (whether or not in the State services) in arranging for a superannuation scheme, or a trust arrangement that is part of a superannuation scheme, to be established for the purpose of providing, or facilitating the provision of, superannuation for its officers or employees (or both):

(c)

arrange for its officers or employees to become members of an established superannuation scheme:

(d)

arrange for superannuation for an individual officer or employee.

Compare: 1988 No 20 s 84A

14 Contributions to superannuation schemes

An employer in the State services may contribute to a superannuation scheme for the purpose of providing retirement benefits to its officers or employees (or both) only if—

(a)

the scheme provides that the sum of all benefits (including lump sum payments, annuities, and other benefits) payable from the scheme to a member of the scheme will not exceed the sum of—

(i)

contributions paid by or on behalf of a member and investment earnings on the contributions; and

(ii)

any allocations to the member from surplus funds held within the scheme; and

(iii)

the amount paid to that member from any insurance policy effected for the benefit of members of the scheme; and

(b)

the trust deed of the scheme defines the rates or amounts (if any) of contributions of the employer or officers or employees; and

(c)

the trust deed of the scheme entitles the employer to cease contributing to the scheme on behalf of a person if they cease to be an officer or employee of the employer; and

(d)

the benefits provided by the scheme are fully funded as they accrue; and

(e)

the scheme, if it enables members to withdraw from the scheme, enables withdrawing members to transfer to other superannuation schemes the value (as determined in accordance with the terms of the scheme) of the benefits attributable to their membership of the scheme up to the date of withdrawal; and

(f)

the scheme enables a person who becomes an officer or employee of that employer, if the employer agrees to contribute to the scheme on their behalf, to become a member of the scheme and to transfer to the scheme the value of the benefits attributable to their membership of other superannuation schemes; and

(g)

the trust deed of the scheme does not permit amendments to be made to the scheme that would result in a provision of paragraphs (a) to (f) ceasing to apply to the scheme.

Compare: 1988 No 20 s 84B

Schedule 9 Reorganisations in public service

s 105

1 Effect of reorganisations within public service on employees

A transfer of functions from one public service agency (Agency A) to another public service agency (Agency B) does not transfer a chief executive or an employee, despite clauses 2(2) and (3) and 3(2) and (3).

Compare: 1988 No 20 s 30B

2 Consequential changes to references to public service agencies or employees of departments after reorganisations

(1)

If an enactment or other thing refers to a particular public service agency and that reference is no longer appropriate because the agency’s name has changed, the reference must be read as a reference to the agency under its new name.

(2)

If an enactment or other thing refers to a particular public service agency and that reference is no longer appropriate because the agency has been disestablished, the reference must be read as a reference to the new responsible agency.

(3)

If an enactment or other thing refers to a particular public service agency and that reference is no longer appropriate because functions have been transferred elsewhere in the public service, the reference must be read as a reference to the new responsible agency.

(4)

If an enactment or other thing refers to employees of a particular public service agency and that reference is no longer appropriate because the agency’s name has changed, the reference must be read as a reference to the employees of the agency under its new name.

(5)

If an enactment or other thing refers to employees of a particular public service agency and that reference is no longer appropriate because the agency has been disestablished, the reference must be read as a reference to the employees of the new responsible agency.

(6)

If an enactment or other thing refers to employees of a particular public service agency and that reference is no longer appropriate because functions have been transferred elsewhere in the public service, the reference must be read as a reference to the employees who carry out the relevant functions.

(7)

In this clause, new responsible agency means the public service agency to which responsibility for the matter to which the reference relates has been transferred.

Compare: 1988 No 20 s 30H

3 Consequential changes to references to chief executives after reorganisations

(1)

If an enactment or other thing refers to a particular designation of a chief executive or a chief executive of a particular public service agency and that reference is no longer appropriate because the designation or name of the agency has changed, the reference must be read as a reference to the chief executive under the new designation or the agency’s new name (as applicable).

(2)

If an enactment or other thing refers to a chief executive of a particular public service agency and that reference is no longer appropriate because the agency has been disestablished, the reference must be read as a reference to the new responsible chief executive.

(3)

If an enactment or other thing refers to a chief executive of a particular public service agency and that reference is no longer appropriate because functions have been transferred elsewhere in the public service or between chief executives, the reference must be read as a reference to the new responsible chief executive.

(4)

In this clause, new responsible chief executive means the chief executive to whom, or to whose agency, responsibility for the matter to which the reference relates has been transferred.

Compare: 1988 No 20 s 30I

4 Application of consequential changes to references

(1)

Clauses 2 and 3

(a)

apply to things that are in force or exist at the time of the name change, disestablishment, or transfer of functions (whether coming into force, entered into, or created before or after the commencement of this clause); and

(b)

apply to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices.

(2)

Regulations made under section 105(1) may apply clauses 2 and 3 to things also coming into force, entered into, or created during a transitional period after the relevant name change, disestablishment, or transfer of functions that is specified in those regulations.

(3)

Clauses 2 and 3 do not remove the need for a public service agency that has been established by an enactment to have its name changed, be disestablished, or have statutory functions transferred by an enactment, and clauses 2 and 5 apply to that name change, disestablishment, or transfer only on and after that enactment has given effect to it.

(4)

Clauses 2(1) and (2) and 3(1) and (2) apply only on and after Schedule 2 is amended to reflect the relevant name change or disestablishment.

(5)

Clauses 2 and 3

(a)

apply to collective agreements subject to clause 1; but

(b)

do not apply to individual employment agreements.

Compare: 1988 No 20 s 30J

5 Effect of reorganisations within public service

(1)

The disestablishment or change of name of a public service agency, the transfer of functions between agencies, or the establishment of a new agency does not affect—

(a)

the property, rights, or obligations of the Crown (whether or not in the name of the Crown or of a particular agency, chief executive, or other person in an agency); or

(b)

the commencement or continuation of proceedings by or against the Crown (whether or not in the name of the Crown or of a particular agency, chief executive, or other person in an agency).

(2)

In this clause, property means property of every kind, whether tangible or intangible, real or personal, corporeal or incorporeal; and includes rights, interests, and claims of every kind over property, however they arise.

(3)

This clause does not limit section 23(1), 26(1), 33(1), 51(3), or 105(1) or clauses 1 to 4.

Compare: 1988 No 20 s 30L

Schedule 10 Legislative instruments revoked

s 134

Schedule 11 Consequential amendments

s 135

Part 1Amendments to Acts

Adoption Act 1955 (1955 No 93)

In section 2, definition of social worker, paragraphs (a)(i) and (b)(i), delete “under Part 5 of the State Sector Act 1988”.

Adult Adoption Information Act 1985 (1985 No 127)

In section 2, definition of social worker, delete “as such under Part 5 of the State Sector Act 1988”.

Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87)

In section 13(1)(c), replace “listed in Schedule 1 of the State Sector Act 1988” with “defined in section 5 of the Public Service Act 2020”.

In section 44D(1)(b), replace “of the public service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 44F(1)(b), replace “of the public service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 44ZC(1)(g), replace “of the public service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 60(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

Animal Products Act 1999 (1999 No 93)

In section 41(9), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

In section 46(9), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

In section 78(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 79(1) and (4), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 86, replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 98, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 104(1)(b), replace “of the public service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 112N(1)(g), replace “of the public service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 140(1)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

Animal Welfare Act 1999 (1999 No 142)

In section 123A(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 124(8), replace “Public Service for the purposes of the State Sector Act 1988” with “public service for the purposes of the Public Service Act 2020”.

In section 125(2), replace “Public Service for the purposes of the State Sector Act 1988” with “public service for the purposes of the Public Service Act 2020”.

Antarctica (Environmental Protection) Act 1994 (1994 No 119)

In section 40(6), replace “State Sector Act 1988” with “Public Service Act 2020”.

Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35)

In section 5(1), definition of designated business group, paragraph (d)(iii), replace “a government department named in Schedule 1 of the State Sector Act 1988” with “a public service agency as defined in section 5 of the Public Service Act 2020”.

In section 5(1), definition of government agency, replace paragraph (a) with:

(a)

a public service agency as defined in section 5 of the Public Service Act 2020; or

Replace section 18(2)(b) with:

(b)

a public service agency as defined in section 5 of the Public Service Act 2020:

In section 18(2)(m)(i), replace “a government department named in Schedule 1 of the State Sector Act 1988” with “a public service agency as defined in section 5 of the Public Service Act 2020”.

Auckland Regional Amenities Funding Act 2008 (2008 No 3 (P))

In section 21(1)(d)(ii), replace “Schedule 1 of the State Sector Act 1988” with “Part 1 of Schedule 2 of the Public Service Act 2020”.

In section 42(2)(b), replace “Schedule 1 of the State Sector Act 1988” with “Part 1 of Schedule 2 of the Public Service Act 2020”.

Auctioneers Act 2013 (2013 No 148)

In section 19(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Bank of New Zealand Act 1988 (1988 No 172)

In section 12, replace “Public Service for the purposes of the State Sector Act 1988” with “public service for the purposes of the Public Service Act 2020”.

Biosecurity Act 1993 (1993 No 95)

In section 2(1), definition of chief executive, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 2(1), definition of department, replace “the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 101(2A), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 102(1A), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 103(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 105B(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 161(2)(g), replace “State Sector Act 1988” with “Public Service Act 2020”.

Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16)

In section 79(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 80(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 81(2)(a), replace “Public Service, be in accordance with the State Sector Act 1988” with “public service, be in accordance with the Public Service Act 2020”.

Building Act 2004 (2004 No 72)

In section 275B(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 310, replace “State Sector Act 1988” with “Public Service Act 2020”.

Building Societies Act 1965 (1965 No 22)

In section 3, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 4(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Burial and Cremation Act 1964 (1964 No 75)

In section 52(1), replace “Public Service” with “public service”.

Cadastral Survey Act 2002 (2002 No 12)

In section 5(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 5(2), replace “section 62(1) of the State Sector Act 1988” with “clause 2(1) of Schedule 8 of the Public Service Act 2020”.

In section 5(4), replace “section 35(11)(a) of the State Sector Act 1988” with “clause 3(15)(a) of Schedule 7 of the Public Service Act 2020”.

In section 6(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Canterbury Earthquakes Insurance Tribunal Act 2019 (2019 No 21)

In Schedule 2, clause 27(2), replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Care and Support Workers (Pay Equity) Settlement Act 2017 (2017 No 24)

In section 5, definition of Ministry of Health, replace “Public Service” with “public service”.

In section 9(3), definition of Ministry for Vulnerable Children, Oranga Tamariki, replace “Public Service” with “public service”.

In section 9(3), definition of Ministry of Social Development, replace “Public Service” with “public service”.

Care of Children Act 2004 (2004 No 90)

In section 8, definition of social worker, delete “under Part 5 of the State Sector Act 1988”.

Charities Act 2005 (2005 No 39)

In section 9(2)(b), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17)

In Schedule 1, clause 39, replace “State Sector Act 1988” with “Public Service Act 2020”.

Child Poverty Reduction Act 2018 (2018 No 57)

In section 33(3)(a), replace “section 32 of the State Sector Act 1988” with “section 52 of the Public Service Act 2020”.

Children’s Act 2014 (2014 No 40)

In section 23(1), definition of State services, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Citizenship Act 1977 (1977 No 61)

In section 2(1), definition of Crown service under the New Zealand Government, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 2(1), definition of employee, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Civil Aviation Act 1990 (1990 No 98)

In section 28(9), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

Civil Defence Emergency Management Act 2002 (2002 No 33)

In section 4, replace the definition of department with:

department means a public service agency as defined in section 5 of the Public Service Act 2020

In section 4, definition of State services, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 8(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 11(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 11B(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

In the heading to section 58, after Departments, insert and interdepartmental ventures.

In section 106(4), replace “State Sector Act 1988, nothing in section 62” with “Public Service Act 2020, nothing in clause 2 of Schedule 8”.

In section 106(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

Clerk of the House of Representatives Act 1988 (1988 No 126)

In the heading to section 17, replace State Services Commissioner with Public Service Commissioner.

In section 17(1) and (2), replace “section 6 of the State Sector Act 1988” with “section 44 of the Public Service Act 2020”.

In section 17(1) and (1A), replace “State Services Commissioner” with “Public Service Commissioner” in each place.

In section 24, replace “sections 56 and 58 of the State Sector Act 1988” with “sections 73 and 74 of the Public Service Act 2020”.

In section 28(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

Climate Change Response Act 2002 (2002 No 40)

In section 5ZW(8)(a), replace “Public Service, as defined in section 27 of the State Sector Act 1988” with “public service, as defined in section 10 of the Public Service Act 2020”.

In section 9B(2), replace “Section 41 of the State Sector Act 1988” with “Clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 17A(7), replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Replace section 50(1)(b)(i) with:

(i)

a department as defined in section 5 of the Public Service Act 2020; or

In section 87A(2), replace “Public Service” with “public service”.

In section 93(2), replace “Public Service” with “public service”.

In section 93(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 161(1)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 270(1)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

Commerce Act 1986 (1986 No 5)

In section 48, definition of department, replace “of the public service specified in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

Commodity Levies Act 1990 (1990 No 127)

In section 19(3), replace “Public Service” with “public service”.

Companies Act 1993 (1993 No 105)

In section 357(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 358(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Conservation Act 1987 (1987 No 65)

In section 6P(9), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 26G, replace “sections 56 and 58 of the State Sector Act 1988” with “sections 73 and 74 of the Public Service Act 2020”.

In section 26T(2), replace “sections 56 and 58 of the State Sector Act 1988” with “sections 73 and 74 of the Public Service Act 2020”.

In section 52, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 54(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 54(3)(b), replace “State Services Commission” with “Public Service Commission”.

In section 55, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 57(3)(c) and (4), replace “State Sector Act 1988” with “Public Service Act 2020”.

Replace section 58(3)(c) with:

(c)

without the written consent of the Public Service Commission, delegate any power delegated to the Director-General under the Public Service Act 2020.

In section 58(6)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 59(1) and (7), replace “State Sector Act 1988” with “Public Service Act 2020”.

Copyright Act 1994 (1994 No 143)

In section 206(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

Corrections Act 2004 (2004 No 50)

In section 3(1), definition of enforcement officer, paragraph (a)(i), replace “Public Service (as defined in section 2 of the State Sector Act 1988)” with “public service (as defined in section 10 of the Public Service Act 2020)”.

In section 10, replace “sections 41 and 42 of the State Sector Act 1988” with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”.

In section 11(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 17(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 19A(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 24(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 27(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 120(3), replace “the chief executive of a department of State specified in Schedule 1 of the State Sector Act 1988 (except an intelligence and security agency)” with “the chief executive or board of a public service agency (except an intelligence or security agency)”.

After section 120(7), insert:

(8)

For the purpose of subsection (3),—

(a)

public service agency has the meaning given to it in section 5 of the Public Service Act 2020:

(b)

if the recording referred to in subsection (3) is held by a departmental agency or an interdepartmental executive board (within the meaning of those terms in section 5 of the Public Service Act 2020), compliance with that subsection is the responsibility of its host department or, as the case may be, servicing department.

In section 167(3)(c), replace “sections 56(1) and (2) and 58(1) and (3) of the State Sector Act 1988 (which relate to personnel and equal employment policies)” with “sections 73 and 74 of the Public Service Act 2020 (which relate to good employer and equal employment policies)”.

In section 172(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 179, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 179E(6)(b), replace “section 86 of the State Sector Act 1988” with “section 104 of the Public Service Act 2020”.

In section 199(2)(e), replace “sections 56(1) and (2) and 58(3) of the State Sector Act 1988 (which relate to personnel and equal employment policies)” with “sections 73 and 74(2) of the Public Service Act 2020 (which relate to good employer and equal employment policies)”.

In section 199AA(1), replace “sections 41 and 42 of the State Sector Act 1988” with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”.

In section 199AB(1), replace “sections 41 and 42 of the State Sector Act 1988” with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”.

In section 199A, replace “sections 41 and 42 of the State Sector Act 1988” with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”.

In section 199E(1)(a) and (b) and (2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Court Martial Appeals Act 1953 (1953 No 100)

In section 5(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 5(1), replace “Public Service” with “public service”.

Courts Security Act 1999 (1999 No 115)

In section 4(1)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 5(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 6(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 7(1)(e), replace “sections 56(1), 56(2), 58(1), and 58(3) of the State Sector Act 1988” with “sections 73 and 74(2) of the Public Service Act 2020”.

Crimes Act 1961 (1961 No 43)

In section 8A(1)(c)(iii), replace “section 2(1) of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 99, definition of official, replace “State Sector Act 1988” with “Public Service Act 2020”.

Criminal Proceeds (Recovery) Act 2009 (2009 No 8)

In section 5(1), definition of department, replace “section 2(1) of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 88(1)(a)(ii), replace “State Sector Act 1988” with “Public Service Act 2020”.

Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7)

In section 4, definition of government department, replace “a department named in Schedule 1 of the State Sector Act 1988” with “a public service agency as defined in section 5 of the Public Service Act 2020”.

Crown Entities Act 2004 (2004 No 115)

In section 4(1)(d), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 27(3), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

In section 88(4), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

In section 116(1)(a), replace “State Services Commissioner” with “Public Service Commissioner”.

In section 117(2A), (2B), (2C), and (2D), replace “State Services Commissioner” with “Public Service Commissioner”.

In the heading to section 119, replace sections 84 to 84B of the State Sector Act 1988 with clauses 12 to 14 of Schedule 8 of the Public Service Act 2020.

In section 119(1), replace “sections 84 to 84B of the State Sector Act 1988” with “clauses 12 to 14 of Schedule 8 of the Public Service Act 2020”.

In section 119(2), replace “Sections 84 to 84B of the State Sector Act 1988” with “Clauses 12 to 14 of Schedule 8 of the Public Service Act 2020”.

In section 132(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 181(1), replace “State Services Commission” with “Public Service Commission”.

In section 186(2), replace “Public Service” with “public service”.

In Schedule 3, item relating to section 119, replace “State Sector Act 1988, ss 84–84B” with “Public Service Act 2020, clauses 12 to 14 of Schedule 8”.

In Schedule 4, item relating to section 119, replace “State Sector Act 1988, ss 84–84B” with “Public Service Act 2020, clauses 12 to 14 of Schedule 8”.

Crown Minerals Act 1991 (1991 No 70)

In section 6(1), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

In section 6(2), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 6(3), replace “section 29 or section 42 of the State Sector Act 1988” with “clause 4 or 6 of Schedule 6 of the Public Service Act 2020”.

Crown Organisations (Criminal Liability) Act 2002 (2002 No 37)

In section 4, definition of government department, replace “government department named in Schedule 1 of the State Sector Act 1988” with “department as defined in section 5 of the Public Service Act 2020”.

In section 10(1)(b)(vi), replace “section 9 or section 10 of the State Sector Act 1988” with “clauses 3 and 4 of Schedule 3 of the Public Service Act 2020”.

Crown Pastoral Land Act 1998 (1998 No 65)

In section 23M, replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Crown Proceedings Act 1950 (1950 No 54)

In section 6(4A), replace “section 86 of the State Sector Act 1988” with “section 104 of the Public Service Act 2020”.

In section 6(4A)(b), replace “section 86” with “section 104 of the Public Service Act 2020”.

Crown Research Institutes Act 1992 (1992 No 47)

In section 39(1), replace “section 61A of the State Sector Act 1988” with “section 88 of the Public Service Act 2020”.

Customs and Excise Act 2018 (2018 No 4)

In section 5(1), replace the definition of Public Service with:

public service has the meaning in section 10 of the Public Service Act 2020

In section 304, definition of government agency, replace paragraph (a) with:

(a)

a public service agency (as defined in section 5 of the Public Service Act 2020), other than—

(i)

the New Zealand Customs Service; and

(ii)

the Government Communications Security Bureau; and

(iii)

the New Zealand Security Intelligence Service; and

(iv)

Statistics New Zealand:

In section 350(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 8, clause 8(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 8, clause 8(2), replace “Public Service” with “public service”.

Defence Act 1990 (1990 No 28)

In section 24(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 45(3), replace “State Services Commission” with “Public Service Commission” in each place.

In section 67(2), replace “State Services Commission” with “Public Service Commission”.

In section 70(2) and (3), replace “State Services Commissioner” with “Public Service Commissioner” in each place.

In section 71(b), replace “State Services Commissioner” with “Public Service Commissioner” in each place.

In section 78(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

Designs Act 1953 (1953 No 65)

In section 3(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

District Court Act 2016 (2016 No 49)

In section 4, definition of officer of the court, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 62(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 66(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Education and Training Act 2020 (2020 No 38)

In section 128, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 280(a) and (d), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 284(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 463(a)(ii), replace “section 32 of the State Sector Act 1988” with “section 52 of the Public Service Act 2020”.

In section 485(2)(a)(ii), replace “State Services” with “Public Service”.

In section 485(2)(b), replace “State Services Commissioner sets or issues under section 57 of the State Sector Act 1988” with “Public Service Commissioner sets or issues under section 17 of the Public Service Act 2020”.

In section 586(1), (2)(a), (3), (4), (5)(a), and (6), replace “State Services” with “Public Service”.

In the heading to section 587, replace State Services with Public Service.

In section 587(1), (3), (4), and (6), replace “State Services” with “Public Service”.

In the heading to section 588, replace State Services with Public Service.

In section 588(1) and (2), replace “State Services” with “Public Service”.

In section 589(1), (4)(c), and (5), replace “State Services” with “Public Service”.

In the heading to section 590, replace State Services with Public Service.

In section 590(1)(a), (2), (4), and (5), replace “State Services” with “Public Service”.

In section 591(b), replace “State Services” with “Public Service”.

In the heading to section 592, replace State Services with Public Service.

In section 592(1) and (2), replace “State Services” with “Public Service”.

In section 592(3), replace “section 23 of the State Sector Act 1988” with “clause 6 of Schedule 3 of the Public Service Act 2020”.

In section 593(2), replace “State Services” with “Public Service”.

In section 594(1), replace “State Services” with “Public Service”.

In section 595(1), (2), (3), (4), and (5), replace “State Services” with “Public Service”.

In section 598(3)(c),—

(a)

replace “State Services” with “Public Service”:

(b)

replace “section 57 of the State Sector Act 1988” with “section 17 of the Public Service Act 2020”.

In section 611(3), replace “State Services” with “Public Service”.

In Schedule 1, clause 17(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 6, clause 7(4), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

In Schedule 6, clause 46(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 6, clause 54(1)(c) and (3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 6, clause 58(1) and (2), replace “State Sector Act 1988” with “Public Service Act 2020” in each place.

Electoral Act 1993 (1993 No 87)

In section 20D(4), replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 33(5), replace “section 40(1) of the State Sector Act 1988” with “clause 9(1) to (3) of Schedule 7 of the Public Service Act 2020”.

In section 33(8), replace “section 41(1) of the State Sector Act 1988” with “clause 2(1) and (2) of Schedule 6 of the Public Service Act 2020”.

In section 52(1)(a)(ii), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 158(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

Electricity Act 1992 (1992 No 122)

In section 40(8), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 151(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 2, clause 14, replace “State Sector Act 1988” with “Public Service Act 2020”.

Electronic Identity Verification Act 2012 (2012 No 123)

In section 7, definition of State services, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 50(7), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Employment Relations Act 2000 (2000 No 24)

Replace section 137(1)(a)(v) and (vi) (as amended by the Education and Training Act 2020) with:

(v)

sections 73 and 74 of the Public Service Act 2020 and sections 597 and 600 of the Education and Training Act 2020; or

(vi)

sections 76 to 80 of the Public Service Act 2020 and sections 585 to 596 and 660 of the Education and Training Act 2020; or

In section 194(1) (as amended by the Education and Training Act 2020), replace “Parts 5 and 6 of the State Sector Act 1988” with “sections 17 to 21, subpart 4 of Part 3, Part 4, and clauses 1 to 5 and 7 to 11 of Schedule 8 of the Public Service Act 2020”.

In section 194(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

Replace section 236(4)(i) with:

(i)

the Public Service Act 2020:

In Schedule 1A, paragraph (d), replace “Schedule 1 of the State Sector Act 1988” with “section 10 of the Public Service Act 2020”.

Energy Companies Act 1992 (1992 No 56)

In section 13, replace “State Sector Act 1988” with “Public Service Act 2020”.

Energy (Fuels, Levies, and References) Act 1989 (1989 No 140)

In section 9, replace “section 28 or section 41 of the State Sector Act 1988” with “clauses 2 and 3 or 5 of Schedule 6 of the Public Service Act 2020”.

Environment Act 1986 (1986 No 127)

In section 9(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 11(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 19(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 29, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 30, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 33(6), replace “State Sector Act 1988” with “Public Service Act 2020”.

Environmental Protection Authority Act 2011 (2011 No 14)

In section 22, definition of collective agreement, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 22, definition of employment agreement, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Environmental Reporting Act 2015 (2015 No 87)

In section 4, definition of Government Statistician, replace “State Sector Act 1988” with “Public Service Act 2020”.

Equal Pay Act 1972 (1972 No 118)

In section 2(1), definition of employee, paragraph (a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Estate and Gift Duties Act 1968 (1968 No 35)

In section 73(2)(jd)(i), replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Family Court Act 1980 (1980 No 161)

In section 8(1) and (2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 11B(4)(a)(i), replace “Public Service” with “public service”.

Family Proceedings Act 1980 (1980 No 94)

In section 2, definition of social worker, paragraph (a), delete “under Part 5 of the State Sector Act 1988”.

Family Violence Act 2018 (2018 No 46)

In section 8, definition of government organisation, replace paragraph (a) with:

(a)

a public service agency as defined in section 5 of the Public Service Act 2020; or

In section 65(3)(b), delete “under Part 5 of the State Sector Act 1988”.

In section 66(4), delete “under Part 5 of the State Sector Act 1988”.

Films, Videos, and Publications Classification Act 1993 (1993 No 94)

In section 98, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 103(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 104(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Financial Advisers Act 2008 (2008 No 91)

In section 5, definition of State services, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Financial Markets Conduct Act 2013 (2013 No 69)

In section 128(2)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 1, replace clause 40(a) with:

(a)

a public service agency as defined in section 5 of the Public Service Act 2020:

In Schedule 3, clause 3(2)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Financial Service Providers (Registration and Dispute Resolution) Act 2008 (2008 No 97)

Replace section 7(2)(b) with:

(b)

a public service agency as defined in section 5 of the Public Service Act 2020:

In section 35(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Fire and Emergency New Zealand Act 2017 (2017 No 17)

In section 24(7), replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 29(2), replace “State Services Commission” with “Public Service Commission”.

In section 166(1)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

Replace section 166(1)(c) with:

(c)

a public service employee as defined in section 65 of the Public Service Act 2020:

Fisheries Act 1996 (1996 No 88)

In section 196(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 222(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 331(1), replace “State Sector Act 1988” with “Public Service Act 2020” in each place.

Food Act 2014 (2014 No 32)

In section 136(1)(b), replace “of the Public Service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 140(1)(b), replace “of the Public Service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 162(1)(g), replace “of the Public Service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 172(2)(c), replace “of the Public Service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 276(6), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 353(1), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 401, replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

Foreign Affairs Act 1988 (1988 No 159)

In section 2, definition of State services, replace “section 2(1) of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 4(2), replace “section 65 of the State Sector Act 1988” with “clause 5 of Schedule 8 of the Public Service Act 2020”.

In section 6(3), replace “section 65 of the State Sector Act 1988” with “clause 5 of Schedule 8 of the Public Service Act 2020”.

Forests Act 1949 (1949 No 19)

In section 10(1), replace “Public Service” with “public service”

In section 11(1) and (3), replace “State Sector Act 1988” with “Public Service Act 2020”.

Friendly Societies and Credit Unions Act 1982 (1982 No 118)

In section 3(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 4(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 6, replace “State Sector Act 1988” with “Public Service Act 2020”.

Gambling Act 2003 (2003 No 51)

In section 221(8), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 292(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 347(3)(b), replace “code of conduct (if any) issued under section 57 of the State Sector Act 1988” with “relevant minimum standards (if any) under section 17 of the Public Service Act 2020”.

Game Animal Council Act 2013 (2013 No 98)

In section 4(1), replace the definition of government department with:

government department means a public service agency as defined in section 5 of the Public Service Act 2020

In Schedule 1, clause 2(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

Gas Act 1992 (1992 No 124)

In section 41(8), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Geographical Indications (Wine and Spirits) Registration Act 2006 (2006 No 60)

In section 34(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Government Service Equal Pay Act 1960 (1960 No 117)

In section 2(1), definition of wage-fixing authority, paragraph (c), replace “State Services Commission” with “Public Service Commission”.

Government Superannuation Fund Act 1956 (1956 No 47)

In section 2(1), definition of controlling authority, paragraph (a), replace “Public Service” with “public service”.

In section 2(1), definition of controlling authority, paragraph (b), replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 23A(1), replace “in the Public Service within the meaning of the State Sector Act 1988” with “of the public service within the meaning of the Public Service Act 2020”.

In section 23A(4), replace “Public Service” with “public service” in each place.

In section 88NA(1)(a), replace “section 68 of the State Sector Act 1988 (as amended by section 16 of the State Sector Amendment Act (No 2) 1989)” with “sections 78 and 79 of the Public Service Act 2020”.

In section 88S(4)(d), replace “State Services Commissioner” with “Public Service Commissioner”.

In section 88X(3), replace “State Services Commissioner” with “Public Service Commissioner”.

Greater Christchurch Regeneration Act 2016 (2016 No 14)

In Schedule 5, clause 36(1), replace “State Services Commissioner” with “Public Service Commissioner”.

Harmful Digital Communications Act 2015 (2015 No 63)

In section 7(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

Hazardous Substances and New Organisms Act 1996 (1996 No 30)

In section 2(1), definition of department, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 26(5)(b), replace “listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 49A, definition of government agency, paragraph (a), replace “specified in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 53(4)(b), replace “listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 99(3)(b)(i), replace “specified in Schedule 1 of the State Sector Act 1988” with “defined in section 5 of the Public Service Act 2020”.

Health Act 1956 (1956 No 65)

In section 2(1), definition of Director-General, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 2(1), definition of Ministry of Health, replace “Public Service” with “public service”.

In section 3B(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 69O(4), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

In section 69ZK(4), replace “Public Service for the purposes of the State Sector Act 1988” with “public service for the purposes of the Public Service Act 2020”.

In section 69ZZA(5), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

In section 112C(1), (2), (3), and (4), replace “section 59 of the State Sector Act 1988” with “section 66 of the Public Service Act 2020”.

In section 112K(8), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Health and Disability Commissioner Act 1994 (1994 No 88)

In section 2(1), definition of Ministry, replace “Public Service” with “public service”.

In section 63(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Health and Disability Services (Safety) Act 2001 (2001 No 93)

In section 15(2), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

Health and Safety at Work Act 2015 (2015 No 70)

Replace section 163(1)(a) with:

(a)

a public service employee as defined in section 65 of the Public Service Act 2020:

In section 163(1)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 191(3)(a), replace “section 27A of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In Schedule 4, clause 2, definition of specified agency, replace paragraph (d) with:

(d)

a public service agency as defined in section 5 of the Public Service Act 2020.

Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26)

Replace section 97(2)(b) with:

(b)

a public service agency as defined in section 5 of the Public Service Act 2020:

Home Ownership Savings Act 1974 (1974 No 51)

In section 2(1), definition of Commissioner, replace “State Sector Act 1988” with “Public Service Act 2020”.

Housing Accords and Special Housing Areas Act 2013 (2013 No 72)

In section 86(1), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Human Rights Act 1993 (1993 No 82)

In section 15(d), replace “State Sector Act 1988” with “Public Service Act 2020”.

Human Tissue Act 2008 (2008 No 28)

In section 6, definition of Director-General, replace “State Sector Act 1988” with “Public Service Act 2020”.

Immigration Act 2009 (2009 No 51)

In section 4, definition of government agency, replace paragraph (a)(i) with:

(i)

a public service agency as defined in section 5 of the Public Service Act 2020; or

In section 7(6), replace “section 40 of the State Sector Act 1988” with “clause 9 of Schedule 7 of the Public Service Act 2020”.

Immigration Advisers Licensing Act 2007 (2007 No 15)

In section 34(2)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 87, replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In the Schedule, clause 5, replace “State Sector Act 1988” with “Public Service Act 2020”.

Income Tax Act 2007 (2007 No 97)

In section MK 2(1)(d)(i), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section YA 1, definition of chief executive of the administering department, paragraph (a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Industrial and Provident Societies Act 1908 (1908 No 81)

In section 3A, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 3B(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 3C(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Insolvency Act 2006 (2006 No 55)

In section 399(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 404(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 404(3), replace “Public Service” with “public service”.

Intelligence and Security Act 2017 (2017 No 10)

In section 4, replace the definition of department with:

department

(a)

means a department as defined in section 5 of the Public Service Act 2020; and

(b)

includes a departmental agency (as defined in that section) hosted by the department; and

(c)

includes an interdepartmental executive board (as defined in that section) serviced by the department

In section 4, insert in its appropriate alphabetical order:

interdepartmental venture means an interdepartmental venture as defined in section 5 of the Public Service Act 2020

In section 4, insert in its appropriate alphabetical order:

Public Service Commissioner means the Public Service Commissioner appointed under the Public Service Act 2020

In section 4, repeal the definition of State Services Commissioner.

In section 22(1), definition of government agency, replace paragraphs (a) and (b) with:

(a)

a Crown entity within the meaning of section 7 of the Crown Entities Act 2004:

(b)

a department:

(c)

an interdepartmental venture

In section 34(1), definition of agency, after paragraph (b), insert:

(ba)

the board of an interdepartmental venture:

(bb)

an interdepartmental venture:

In section 42(2)(a)(ii), after “the department”, insert “or interdepartmental venture”.

In section 51(4), replace “section 86 of the State Sector Act 1988” with “section 104 of the Public Service Act 2020”.

In section 51(5), after “a department,” insert “an interdepartmental venture,”.

In section 118, definition of agency, paragraph (b), after “includes a department”, insert “and an interdepartmental venture”.

In section 161(3)(f), replace “State Services Commissioner” with “Public Service Commissioner”.

In section 161(4), replace “State Services Commissioner” with “Public Service Commissioner”.

In section 176(4), after “or any other department”, insert “, interdepartmental venture,”.

In section 221(7), definition of equal employment opportunities programme, replace “section 58(3) of the State Sector Act 1988” with “section 74(2) of the Public Service Act 2020”.

After section 228(3)(h), insert:

(ha)

the board of an interdepartmental venture:

After section 233(1)(a)(ii), insert:

(iia)

interdepartmental ventures; and

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38)

In section 7(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 8A(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

Juries Act 1981 (1981 No 23)

In section 8(h), replace “Public Service” with “public service”.

KiwiSaver Act 2006 (2006 No 40)

In section 6(1)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Land Act 1948 (1948 No 64)

In section 24AA(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 24AB, replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Land Transfer Act 2017 (2017 No 30)

In section 231(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 231(2)(b), replace “section 62(1) of the State Sector Act 1988” with “clause 2(1) of Schedule 8 of the Public Service Act 2020”.

In section 233(4), replace “Public Service” with “public service”.

Land Transport Act 1998 (1998 No 110)

In section 160(8), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

Replace section 269(4)(c) with:

(c)

a public service agency as defined in section 5 of the Public Service Act 2020.

In section 272(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Land Valuation Proceedings Act 1948 (1948 No 50)

In section 39, replace “State Sector Act 1988” with “Public Service Act 2020”.

Law Commission Act 1985 (1985 No 151)

In Schedule 1, clause 5(1), replace “section 84B of the State Sector Act 1988” with “clause 14 of Schedule 8 of the Public Service Act 2020”.

In Schedule 1, clause 5(2), replace “sections 84 to 84B of the State Sector Act 1988” with “clauses 12 to 14 of Schedule 8 of the Public Service Act 2020”.

Lawyers and Conveyancers Act 2006 (2006 No 1)

In section 6, definition of chief executive, paragraph (b)(i), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 190(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 222(1) and (2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 4, clause 5, replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 5, clause 6(4), replace “State Services Commission” with “Public Service Commission”.

In Schedule 5, clause 10, replace “State Sector Act 1988” with “Public Service Act 2020”.

Legal Services Act 2011 (2011 No 4)

In section 41C, replace “within the meaning of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 70(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 3, clause 14, replace “State Sector Act 1988” with “Public Service Act 2020”.

Legislation Act 2012 (2012 No 119)

In section 36C(2), definition of central government entity, replace paragraph (a) with:

(a)

a government department named in Part 1 of Schedule 2 of the Public Service Act 2020, including any departmental agency that is part of that department (see Part 2 of Schedule 2 of that Act):

In section 72(1)(b), replace “State Services Commissioner” with “Public Service Commissioner”.

In section 73, replace “sections 56 and 58 of the State Sector Act 1988” with “sections 73 and 74 of the Public Service Act 2020”.

In section 75A, replace “section 49 of the State Sector Act 1988” with “section 64 of the Public Service Act 2020”.

Legislation Act 2019 (2019 No 58)

In section 13, replace the definition of department with:

department, in relation to any legislation, means the department, departmental agency, or interdepartmental venture (as named in Part 1, 2, or 4 of Schedule 2 of the Public Service Act 2020) that, with the authority of the Prime Minister, is responsible for the administration of the legislation

In section 77, definition of relevant central government entity, replace paragraph (a) with:

(a)

a department named in Part 1 of Schedule 2 of the Public Service Act 2020, including any departmental agency named in Part 2 of that schedule that is part of that department:

(aa)

an interdepartmental venture named in Part 4 of that schedule:

In section 106(2), replace “section 32 of the State Sector Act 1988” with “section 52 of the Public Service Act 2020”.

In section 141(1)(b), replace “State Services Commissioner” with “Public Service Commissioner”.

In section 142, replace “sections 56 and 58 of the State Sector Act 1988” with “sections 73 and 74 of the Public Service Act 2020”.

In section 145, replace “section 49 of the State Sector Act 1988” with “section 64 of the Public Service Act 2020”.

Local Government Act 2002 (2002 No 84)

In section 33(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 34(2), replace “Public Service” with “public service”.

In Schedule 4, clause 16(1), replace “Public Service” with “public service”.

In Schedule 4, clause 29(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 4, clause 29(2), replace “Public Service” with “public service”.

Maori Affairs Restructuring Act 1989 (1989 No 68)

In section 2(1), definition of Ministry, replace “Public Service” with “public service”.

In section 67(2), replace “Public Service” with “public service”.

In section 73(2), replace “Public Service” with “public service”.

Maori Community Development Act 1962 (1962 No 133)

In section 4,—

(a)

replace “State Sector Act 1988” with “Public Service Act 2020”:

(b)

replace “Public Service” with “public service”.

Maori Housing Amendment Act 1938 (1938 No 17)

In section 4A(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

Maori Purposes Act 1931 (1931 No 32)

In section 27(3), replace “Public Service” with “public service”.

Maori Reserved Land Act 1955 (1955 No 38)

In section 71(3)(a), replace “Public Service” with “public service”.

Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 (2003 No 21)

In Schedule 2, clause 35(4)(a), (b), and (c), replace “State Services Commissioner” with “Public Service Commissioner”.

Maori Trust Boards Act 1955 (1955 No 37)

In section 33(8), replace “Public Service” with “public service”.

In section 52, replace “Public Service” with “public service”.

Māori Trustee Act 1953 (1953 No 95)

In section 6D(2)(a) and (b), replace “State Services Commissioner” with “Public Service Commissioner”.

Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3)

In section 122(6), replace “sections 41 and 42 of the State Sector Act 1988” with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”.

Marine Mammals Protection Act 1978 (1978 No 80)

In section 11(6), replace “State Sector Act 1988” with “Public Service Act 2020”.

Maritime Transport Act 1994 (1994 No 104)

In section 193(1), replace “Public Service” with “public service”.

In section 451(8), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

Meat Board Act 2004 (2004 No 58)

In section 44(3), replace “section 27 of the State Sector Act 1988” with “section 10 of the Public Service Act 2020”.

In section 65(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

Medicines Act 1981 (1981 No 118)

In section 2(1), definition of licensing authority, paragraph (b), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 15(1) and (5), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 15(2), replace “Public Service” with “public service”.

Mental Health and Wellbeing Commission Act 2020 (2020 No 32)

In section 14(6)(a), replace “Schedule 1 of the State Sector Act 1988” with “Part 1 of Schedule 2 of the Public Service Act 2020”.

In section 14(6)(b), replace “Schedule 1A of the State Sector Act 1988” with “Part 2 of Schedule 2 of the Public Service Act 2020”.

Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46)

In section 91(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Ministry of Maori Development Act 1991 (1991 No 145)

In section 2, definition of Ministry of Maori Development, replace “Public Service” with “public service”.

Misuse of Drugs Act 1975 (1975 No 116)

In section 5AA(3)(b), replace “Public Service (as defined in section 27 of the State Sector Act 1988)” with “public service (as defined in section 10 of the Public Service Act 2020)”.

Motor Vehicle Sales Act 2003 (2003 No 12)

In section 60(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 83(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 1, clause 3(1)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 1, clause 3(3), replace “Public Service” with “public service”.

National Animal Identification and Tracing Act 2012 (2012 No 2)

In section 52(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 52(6), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

National Parks Act 1980 (1980 No 66)

In section 40(1) and (7), replace “State Sector Act 1988” with “Public Service Act 2020”.

New Zealand Antarctic Institute Act 1996 (1996 No 38)

In section 14(1), replace “section 61A of the State Sector Act 1988” with “section 88 of the Public Service Act 2020”.

New Zealand Business Number Act 2016 (2016 No 16)

In section 5, definition of government agency, paragraph (b), replace “section 27A(1) and (2) of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 30, replace “State Sector Act 1988” with “Public Service Act 2020”.

New Zealand Council for Educational Research Act 1972 (1972 No 35)

In section 15(1) and (1A), replace “State Services Commission” with “Public Service Commission”.

New Zealand Infrastructure Commission/Te Waihanga Act 2019 (2019 No 51)

In section 23(6)(a), replace “named in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 23(6)(b), replace “named in Schedule 1A of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In Schedule 1, clause 1(3), replace “section 61A(1)(b)(i) to (v) of the State Sector Act 1988” with “section 88(1)(b) of the Public Service Act 2020”.

New Zealand Maori Arts and Crafts Institute Act 1963 (1963 No 51)

In section 5(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

New Zealand Public Health and Disability Act 2000 (2000 No 91)

In section 6(1), definition of Director-General, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 6(1), definition of Ministry of Health, replace “Public Service” with “public service”.

In Schedule 3, clause 44(1), replace “State Services Commissioner” with “Public Service Commissioner”.

In Schedule 6, clause 29(2), replace “State Services Commissioner” with “Public Service Commissioner”.

New Zealand Railways Corporation Act 1981 (1981 No 119)

In section 4(9), replace “State Sector Act 1988” with “Public Service Act 2020”.

Nga Wai o Maniapoto (Waipa River) Act 2012 (2012 No 29)

In section 5(2), definition of department, replace “State Sector Act 1988” with “Public Service Act 2020”.

Ngāruahine Claims Settlement Act 2016 (2016 No 93)

In section 76, definition of relevant department, replace “section 27A of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 (2010 No 119)

In section 7(2), definition of department, replace “State Sector Act 1988” with “Public Service Act 2020”.

Official Information Act 1982 (1982 No 156)

In section 2(2)(a), (b), and (c), (3), (4), (4A), (5), and (6), replace “department” with “public service agency” in each place.

In section 9(2)(g)(i), (i), and (j), replace “department” with “public service agency”.

In section 10, after “department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”.

In section 12(1), after “department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”.

In section 12(4) and (5), after “department”, insert “or venture”.

In section 13, after “every department”, insert “or interdepartmental venture”.

In section 13 and 13(c), after “appropriate department”, insert “or venture”.

In section 14(a), after “a department”, insert “or interdepartmental venture”.

In sections 14 and 14(b)(i), after “the department”, insert “or venture”.

In section 14(b)(i) and (ii), after “another department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”.

In section 14, after “other department”, insert “or interdepartmental venture”.

In section 15(1), after “the department”, insert “or interdepartmental venture”.

In section 15(1), (1AA), (1AB)(a) and (b), (1A), and (3), after “department”, insert “or venture”.

Replace section 15(4) and (5) with:

(4)

Where a request in accordance with section 12 is made or transferred to a department or an interdepartmental venture, the decision on that request must be made by the chief executive of the department or the board of the venture or an officer or employee of the department or venture authorised by that chief executive or board unless that request is transferred in accordance with section 14 to another department or venture, a Minister of the Crown, an organisation, or a local authority.

(5)

Nothing in subsection (4) prevents the chief executive or board or officer or employee from consulting a Minister of the Crown or any other person in relation to the decision that the chief executive or board or officer or employee proposes to make on any request made to the department or venture in accordance with section 12 of this Act or transferred to the department or venture in accordance with section 14 of this Act or section 12 of the Local Government Official Information and Meetings Act 1987.

Replace section 15A(1) with:

(1)

Where a request in accordance with section 12 is made or transferred to a department or an interdepartmental venture or a Minister of the Crown or an organisation, the chief executive of that department or board of that venture or an officer or employee of that department or venture authorised by that chief executive or board or that Minister of the Crown or that organisation may extend the time limit set out in section 14 or 15(1) in respect of the request if—

(a)

the request is for a large quantity of official information or necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the department or the venture or the Minister of the Crown or the organisation; or

(b)

consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit.

In section 16(2), after “the department”, insert “or interdepartmental venture”.

In section 16(2)(b) and (3), after “department”, insert “or venture”.

In section 17(2), after “department”, insert “or interdepartmental venture”.

In section 18(b), after “department”, insert “or interdepartmental venture”.

In section 18(g), after “the department”, insert “or venture”.

In section 18(g)(i) and (ii), after “another department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”.

In section 18A(1), after “department”, insert “or interdepartmental venture”.

In section 18A(2), after “department”, insert “or venture”.

In section 18B, after “department”, insert “or interdepartmental venture”.

In section 19, after “department”, insert “or interdepartmental venture”.

In the heading to section 20, replace departments with public service agencies.

In section 20(1), (1)(d), and (3), replace “department” with “public service agency”.

In section 22(1)(a), replace “department” with “public service agency”.

In section 22(4), after “department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the interdepartmental venture”.

In section 22(5), after “department”, insert “or venture”.

In section 23(1), replace “department” with “public service agency”.

In section 23(2A)(b), replace “on behalf of the department or Minister of the Crown or organisation with a natural person’s medical practitioner, the department” with “on behalf of the public service agency or Minister of the Crown or organisation with a natural person’s medical practitioner, the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”.

In section 24(4), replace “department” with “public service agency”.

In section 25, after “department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”.

In section 26(1), after “department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”.

In section 26(2), after “department”, insert “venture” in each place.

In section 27(1), after “department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”.

Replace section 28(1) and (2) with:

(1)

It is a function of the Ombudsmen to investigate and review any decision by which a department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or Minister of the Crown or organisation—

(a)

refuses to make official information available to any person in response to a request made by that person in accordance with section 12; or

(b)

decides, in accordance with section 16 or 17, in what manner or, in accordance with section 15, for what charge a request made in accordance with section 12 is to be granted; or

(c)

imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 12; or

(d)

gives a notice under section 10.

(2)

It is a function of the Ombudsmen to investigate and review any decision by which the chief executive of a department (for the department and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of an interdepartmental venture or an officer or an employee of a department or venture authorised by its chief executive or board or a Minister of the Crown or an organisation extends any time limit under section 15A.

In section 28(4) and (6), after “department”, insert “or venture”.

Replace section 29A(1) and (2) with:

(1)

Subject to this section, where, during the course of an investigation, under section 28, of any decision of any department or interdepartmental venture or Minister of the Crown or organisation, an Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975, requires that department or venture or Minister of the Crown or organisation to furnish or produce to that Ombudsman any information or document or paper or thing that relates to that investigation, that department, venture, Minister of the Crown, or organisation must, as soon as is reasonably practicable, and in no case later than 20 working days after the day on which that requirement is received by that department or venture or Minister of the Crown or organisation, comply with that requirement.

(2)

Where any requirement to which subsection (1) applies is made to any department or interdepartmental venture or Minister of the Crown or organisation, the chief executive of that department or the board of that venture or an officer or employee of that department or venture authorised by that chief executive or that board or that Minister of the Crown or that organisation may extend the time limit set out in subsection (1) in respect of that requirement if—

(a)

the requirement relates to, or necessitates a search through, a large quantity of information or a large number of documents or papers or things, and meeting the original time limit would unreasonably interfere with the operations of the department or the venture or the Minister of the Crown or the organisation; or

(b)

consultations necessary before the requirement can be complied with are such that the requirement cannot reasonably be complied with within the original time limit; or

(c)

the complexity of the issues raised by the requirement are such that the requirement cannot reasonably be complied with within the original time limit.

In section 29A(6), after “department”, insert “or venture”.

In section 30(1)(c), after “department”, insert “or interdepartmental venture”.

In section 30(2)(a), replace “department or organisation named in Part 1 or Part 2 of Schedule 1” with “public service agency or an organisation named in Schedule 1”.

In section 31, after “department”, insert “or interdepartmental venture”.

In the heading to section 32, replace department with public service agency.

In section 32(1), replace “to a department or to an organisation named in Part 1 or Part 2 of Schedule 1” with “relating to a public service agency or an organisation named in Schedule 1”.

In section 32(1)(a), (b), and (b)(ii) and (iii), replace “department” with “public service agency” in each place.

In section 35(1A), replace “department” with “public service agency”.

In section 35(2), after “department”, insert “(including in relation to a departmental agency hosted by the department or an interdepartmental executive board serviced by it) or interdepartmental venture”.

In section 35(4) and (5), replace “department” with “public service agency”.

In section 35(7), after “department”, insert “or interdepartmental venture”.

In section 46, replace “department” with “public service agency” in each place.

In section 48(1)(b), replace “department” with “public service agency”.

In the Schedule 1 heading, delete Part 1 or Part 2 of.

Ohai Railway Board Act 1932 (1932 No 2 (L))

In section 4A(2), replace “Public Service” with “public service”.

Ombudsmen Act 1975 (1975 No 9)

In section 3(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 11(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 15(2), replace “department” with “public service agency”.

In section 18(1), after “chief executive of the department”, insert “(for the department and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of the interdepartmental venture”.

In section 18(3) and (6), replace “department” with “public service agency” in each place.

In section 18(4), replace “department or organisation named or specified in Parts 1 and 2 of Schedule 1” with “public service agency or organisation named in Schedule 1”.

In section 19(1) and (2), replace “department” with “public service agency” in each place.

In section 22(3), after “appropriate department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”.

In section 22(3), after “the department”, insert “or venture”.

In section 22(3), after “a department”, insert “or venture”

In section 22(3), delete “Parts 1 and 2 of”.

In section 22(4) and (5), replace “department” with “public service agency”.

In section 27(1), replace “departments” with “public service agencies”.

In section 27(2), after “department”, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of an interdepartmental venture”.

Replace section 28A(2)(a) with:

(a)

a department named in Part 1 of Schedule 1 or an interdepartmental venture named in Part 1C of Schedule 1:

In Schedule 1, Part 1, repeal the item relating to the State Services Commission.

In Schedule 1, Part 1, insert in its appropriate alphabetical order:

Public Service Commission

Oranga Tamariki Act 1989 (1989 No 24)

In section 2(1), definition of enforcement agency, replace paragraph (b) with:

(b)

any department as defined in section 5 of the Public Service Act 2020, including any departmental agency hosted by the department:

(ba)

any interdepartmental venture as defined in section 5 of the Public Service Act 2020:

In section 2(1), definition of enforcement agency office, replace paragraph (b)(i) with:

(i)

any department as defined in section 5 of the Public Service Act 2020, including any departmental agency hosted by the department:

(ia)

any interdepartmental venture as defined in section 5 of the Public Service Act 2020:

In section 2(1), definition of enforcement officer, replace paragraph (c)(i) with:

(i)

the public service as defined in section 5 of the Public Service Act 2020 (other than an officer or employee of the public service performing the functions of an agency referred to in section 10(a)(iii) of that Act; or

In section 2(1), definition of social worker, delete “under Part 5 of the State Sector Act 1988”.

In section 7(2)(bad), replace “State Services Commissioner” with “Public Service Commissioner”.

In the heading to section 7A, replace section 41 of State Sector Act 1988 with clauses 2 and 3 of Schedule 6 of Public Service Act 2020.

In section 7A(1), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 7A(2), replace “section 41(2) of that Act” with “clause 2(3) of that schedule”.

In the heading to section 7B, replace section 41 of State Sector Act 1988 with clauses 2 and 3 of Schedule 6 of Public Service Act 2020.

In section 7B, replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 7C(2)(a), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 7D(2), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 7E(2), replace “section 41(2) of the State Sector Act 1988” with “clause 2(3) of Schedule 6 of the Public Service Act 2020”.

Replace section 7G with:

7G Immunity for delegations outside public service

Section 104 of the Public Service Act 2020 applies to a person outside the public service acting under a delegation referred to in section 7B or 7C as if the person were a public service employee.

In section 214(3)(c), replace “Public Service” with “public service”.

In section 296K(6), replace “Section 41(3), (5), and (7) of the State Sector Act 1988 apply” with “Clause 2(10), (13), and (15) of Schedule 6 of the Public Service Act 2020 applies”.

In section 296K(6), replace “section 41” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 423(1A)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 425(1A)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 438(2)(a)(ii), replace “Public Service” with “public service”.

Outer Space and High-altitude Activities Act 2017 (2017 No 29)

In section 57(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

Pacific Education Foundation Act 1972 (1972 No 138)

In section 2, replace the definition of Public Service with:

public service has the same meaning as in section 10 of the Public Service Act 2020.

In section 8(3), replace “Public Service” with “public service”.

In section 15(1) and (2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Parental Leave and Employment Protection Act 1987 (1987 No 129)

In section 71ZA(3), replace “Section 41 of the State Sector Act 1988” with “Clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Parliamentary Service Act 2000 (2000 No 17)

In section 3, definition of department, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 3, replace the definition of Public Service with:

public service has the same meaning as in section 10 of the Public Service Act 2020

In Schedule 1, in the heading to clause 7, replace State Sector Act 1988 with Public Service Act 2020.

In Schedule 1, clause 7(1), replace “Parts 5, 6, and 8 of the State Sector Act 1988” with “sections 65 to 80, 85, 88, 89, 103, and 104 of the Public Service Act 2020”.

In Schedule 1, clause 7(2), replace “Nothing in any other Part of the State Sector Act 1988” with “No other provision of the Public Service Act 2020”.

In Schedule 1, clause 7(4), replace “section 68 of the State Sector Act 1988” with “sections 78 and 79 of the Public Service Act 2020”.

In Schedule 1, clause 7(4), replace “State Services Commissioner” with “Public Service Commissioner”.

In Schedule 1, in the heading to clause 15, replace State Services Commissioner with Public Service Commissioner.

In Schedule 1, clause 15(1) and (1A), replace “State Services Commissioner” with “Public Service Commissioner” in each place.

In Schedule 1, clause 15(1) and (2), replace “section 6 of the State Sector Act 1988” with “section 44 of the Public Service Act 2020”.

Parole Act 2002 (2002 No 10)

In section 122(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

Patents Act 2013 (2013 No 68)

In section 217(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Personal Property Securities Act 1999 (1999 No 126)

In section 136(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Plant Variety Rights Act 1987 (1987 No 5)

In section 30(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 32(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Policing Act 2008 (2008 No 72)

In section 4, definition of State services superannuation scheme, paragraph (a), replace “section 84A(a) of the State Sector Act 1988” with “clause 13(a) of Schedule 8 of the Public Service Act 2020”.

In section 4, definition of State services superannuation scheme, paragraph (b), replace “section 84A(b) or (c) of the State Sector Act 1988” with “clause 13(b) or (c) of Schedule 8 of the Public Service Act 2020”.

In section 14, replace “State Services Commissioner” with “Public Service Commissioner”.

In section 58, replace “sections 56 and 58 of the State Sector Act 1988” with “sections 73 and 74 of the Public Service Act 2020”.

In section 62, replace “Section 65 of the State Sector Act 1988” with “Clause 5 of Schedule 8 of the Public Service Act 2020”.

In the heading to section 66, replace State Services Commissioner with Public Service Commissioner.

In section 66(1), (2), and (3), replace “State Services Commissioner” with “Public Service Commissioner” in each place.

In section 68(1), replace “section 84A of the State Sector Act 1988” with “clause 13 of Schedule 8 of the Public Service Act 2020”.

In section 68(2), replace “Sections 84A and 84B of the State Sector Act 1988” with “Clauses 13 and 14 of Schedule 8 of the Public Service Act 2020”.

In the heading to section 100, replace State Services Commissioner with Public Service Commissioner.

In section 100, replace “State Services Commissioner is directed or requested under section 11 of the State Sector Act 1988 to carry out, under section 6(c)” with “Public Service Commissioner is directed or requested under clause 5 of Schedule 3 of the Public Service Act 2020 to carry out, under section 44(d)(ii)”.

Pork Industry Board Act 1997 (1997 No 106)

In section 48(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

Primary Products Marketing Act 1953 (1953 No 10)

In section 7(2)(a), replace “State Sector Act 1988, with the consent of the State Services Commissioner” with “Public Service Act 2020, with the consent of the Public Service Commissioner”.

Private Security Personnel and Private Investigators Act 2010 (2010 No 115)

In section 92(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Prohibition of Gang Insignia in Government Premises Act 2013 (2013 No 56)

In section 3, replace “Public Service” with “public service”.

In section 4, definition of department, replace “department specified in Schedule 1 of the State Sector Act 1988” with “public service agency as defined in section 5 of the Public Service Act 2020”.

Protected Disclosures Act 2000 (2000 No 7)

In section 3(1), definition of appropriate authority, paragraph (a)(ix), replace “State Services Commissioner” with “Public Service Commissioner”.

Protection of Personal and Property Rights Act 1988 (1988 No 4)

In section 2, definition of social worker, delete “under Part 5 of the State Sector Act 1988”.

Psychoactive Substances Act 2013 (2013 No 53)

In section 76(3)(a), replace “Public Service” with “public service”.

In section 76(3)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

Public Audit Act 2001 (2001 No 10)

In section 4, insert in its appropriate alphabetical order:

department has the same meaning as in section 2(1) of the Public Finance Act 1989

In Schedule 1, replace the item relating to departments of the public service with:

Departments as defined in section 2(1) of the Public Finance Act 1989

In Schedule 3, in the heading to clause 6, replace State Sector Act 1988 with Public Service Act 2020.

In Schedule 3, clause 6, replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 3, clause 9(2)(d)(iii), replace “Public Service” with “public service”.

In Schedule 3, in the heading to clause 11, replace State Sector Act 1988 with Public Service Act 2020.

In Schedule 3, clause 11(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Public and Community Housing Management Act 1992 (1992 No 76)

In section 137(2), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 148, replace “within the meaning of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 189(2), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Public Finance Act 1989 (1989 No 44)

In section 48, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 64(2)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 65C(1)(b), replace “section 28 or section 41 of the State Sector Act 1988” with “clause 2 or 5 of Schedule 6 of the Public Service Act 2020”.

In section 71AA(1), replace “Schedule 1 of the State Sector Act 1988” with “Part 1 of Schedule 2 of the Public Service Act 2020”.

In section 71AA(4), replace “section 41(1) of the State Sector Act 1988” with “clause 2(1) of Schedule 6 of the Public Service Act 2020”.

Replace section 71AA(5) with:

(5)

Clauses 2(3) to (15) and 3 of Schedule 6 of the Public Service Act 2020 apply to a delegation under this section as if it were a delegation made under clause 2(1) of Schedule 6 of that Act.

In section 81(1)(g), replace “Public Service” with “public service”.

Public Records Act 2005 (2005 No 40)

In section 4, definition of public office, replace paragraph (c)(i) with:

(i)

departments as defined in section 5 of the Public Service Act 2020 including a departmental agency (as defined in that section) hosted by a department and an interdepartmental executive board (as defined in that section) serviced by a department; and

(ia)

interdepartmental ventures as defined in section 5 of the Public Service Act 2020; and

In section 10(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Public Safety (Public Protection Orders) Act 2014 (2014 No 68)

In section 59(3), replace “the chief executive of a department of State specified in Schedule 1 of the State Sector Act 1988” with “the chief executive or board of a public service agency”.

After section 59(7), insert:

(8)

For the purpose of subsection (3),—

(a)

public service agency has the meaning given to it in section 5 of the Public Service Act 2020:

(b)

if the recording referred to in subsection (3) is held by a departmental agency or an interdepartmental executive board (within the meaning of those terms in section 5 of the Public Service Act 2020), compliance with that subsection is the responsibility of its host department or, as the case may be, servicing department.

In section 115(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 125(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 131(2)(e), replace “sections 56(1) and (2) and 58(3) of the State Sector Act 1988” with “sections 73 and 74(2) of the Public Service Act 2020”.

In section 132, replace “sections 41 and 42 of the State Sector Act 1988” with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”.

Queen Elizabeth the Second National Trust Act 1977 (1977 No 102)

In section 18(3), replace “Public Service” with “public service”.

In section 18(4), replace “State Services Commission” with “Public Service Commission”.

In section 18(5), replace “State Services Commission” with “Public Service Commission”.

In section 18(8), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 18A, replace “sections 56 and 58 of the State Sector Act 1988” with “sections 73 and 74 of the Public Service Act 2020”.

In section 19, replace “State Sector Act 1988” with “Public Service Act 2020”.

Racing Act 2003 (2003 No 3)

In Schedule 3, clause 8(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Radiocommunications Act 1989 (1989 No 148)

In section 4(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Railways Act 2005 (2005 No 37)

In section 54(7), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

Rating Valuations Act 1998 (1998 No 69)

In section 3(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 47, replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Real Estate Agents Act 2008 (2008 No 66)

In Schedule 1, clause 5, replace “State Sector Act 1988” with “Public Service Act 2020”.

Registered Architects Act 2005 (2005 No 38)

In the Schedule, clause 39, replace “State Sector Act 1988” with “Public Service Act 2020”.

Remuneration Authority Act 1977 (1977 No 110)

In section 5(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 4, insert in its appropriate alphabetical order:

The Public Service Commissioner and Deputy Public Service Commissioners appointed under the Public Service Act 2020

In Schedule 4, repeal the item relating to the State Services Commissioner and other Commissioners of the State Services Commission.

In Schedule 4A, insert in its appropriate alphabetical order:

The Public Service Commissioner and the Deputy Public Service Commissioners

In Schedule 4A, repeal the item relating to the State Services Commissioner and the Deputy State Services Commissioner.

Research, Science, and Technology Act 2010 (2010 No 131)

In section 4, definition of employee, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 4, definition of State services, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 11(2)(b), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

Reserve Bank of New Zealand Act 1989 (1989 No 157)

In section 46(1)(d), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 2, clause 11(2)(c), replace “State Sector Act 1988” with “Public Service Act 2020”.

Reserves Act 1977 (1977 No 66)

In section 7, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 8(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 8(8), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 11(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Reserves and Other Lands Disposal Act 1949 (1949 No 34)

In section 24(6), replace “Public Service” with “public service”.

Reserves and other Lands Disposal and Public Bodies Empowering Act 1920 (1920 No 75)

In section 124, replace “Public Service” with “public service”.

Residential Care and Disability Support Services Act 2018 (2018 No 33)

In section 5, definition of MSD, paragraph (b)(ii), replace “Public Service” with “public service”.

In section 5, definition of responsible department, paragraph (b), replace “State Sector Act 1988” with “Public Service Act 2020”.

Residential Tenancies Act 1986 (1986 No 120)

In section 67(7), replace “Public Service” with “public service”.

In section 76(1A)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Resource Management Act 1991 (1991 No 69)

In section 29(1), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

In section 29(2), replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 29(2), replace “section 28 of that Act” with “clause 5 of that schedule”.

In section 29(3), replace “section 29 or section 42 of the State Sector Act 1988” with “clause 4 or 6 of Schedule 6 of the Public Service Act 2020”.

In section 260(2)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 260(3), replace “Public Service” with “public service”.

In section 352(2), replace “Public Service” with “public service”.

Retirement Villages Act 2003 (2003 No 112)

In section 87(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Road User Charges Act 2012 (2012 No 1)

In section 5(1), definition of State services, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Sale and Supply of Alcohol Act 2012 (2012 No 120)

In section 179(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 184, replace “State Sector Act 1988” with “Public Service Act 2020”.

Secondhand Dealers and Pawnbrokers Act 2004 (2004 No 70)

In section 72(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Senior Courts Act 2016 (2016 No 48)

In section 33, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 35(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 63, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 87(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Serious Fraud Office Act 1990 (1990 No 51)

In the cross-heading above section 29, replace State Sector Act 1988 with Public Service Act 2020.

In section 29, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 33(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 33(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Ship Registration Act 1992 (1992 No 89)

In section 61(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 62(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Social Security Act 2018 (2018 No 32)

In section 437(6)(a), replace “State Services Commission” with “Public Service Commission”.

In section 438(2)(f), replace “State Services (as defined in section 2 of the State Sector Act 1988)” with “State services (as defined in section 5 of the Public Service Act 2020)”.

In Schedule 2, definition of debtor’s payer, replace paragraph (c) with:

(c)

a department (as defined in section 5 of the Public Service Act 2020) or an interdepartmental venture (as defined in section 5 of that Act) in respect of salary or wages payable to a debtor as an employee of the department or interdepartmental venture

In Schedule 2, definition of MSD, paragraph (b)(ii), replace “Public Service” with “public service”.

In Schedule 2, definition of responsible department, paragraph (b), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 7, clause 3(4)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 9, clause 2(3)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Soil Conservation and Rivers Control Amendment Act 1948 (1948 No 40)

In section 7, replace “Public Service” with “public service”.

Sports Anti-Doping Act 2006 (2006 No 58)

In section 30(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

State-Owned Enterprises Act 1986 (1986 No 124)

In section 8(2), replace “State Services Commissioner” with “Public Service Commissioner”.

State-Owned Enterprises (AgriQuality Limited and Asure New Zealand Limited) Act 2007 (2007 No 21)

In section 15(2)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

Statistics Act 1975 (1975 No 1)

In section 13, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 17(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 18, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 19(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

Student Loan Scheme Act 2011 (2011 No 62)

In Schedule 1, clause 1, definition of government department, replace “department named in Schedule 1 of the State Sector Act 1988” with “public service agency as defined in section 5 of the Public Service Act 2020”.

Substance Addiction (Compulsory Assessment and Treatment) Act 2017 (2017 No 4)

In section 4, definition of Director-General of Health, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 86(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Tariff Act 1988 (1988 No 155)

In section 2(1), definition of Working Tariff Document, replace “State Sector Act 1988” with “Public Service Act 2020”.

Tax Administration Act 1994 (1994 No 166)

In section 5B, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 6B(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 7(1), replace “sections 41 and 42 of the State Sector Act 1988” with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”.

In section 7(1)(b), replace “State Services Commissioner” with “Public Service Commissioner” in each place.

In section 7(2), replace “Public Service (as described in section 41(2A) of the State Sector Act 1988)” with “public service (as described in clause 2(5) of Schedule 6 of the Public Service Act 2020)”.

Replace section 7(3) with:

(3)

Clauses 2 to 4 of Schedule 6 of the Public Service Act 2020 apply to delegations under this section as if those delegations were made under clause 2 of that schedule.

In the heading to section 160, replace Public Service with public service.

In section 160, replace “Public Service” with “public service”.

In Schedule 7, clause 23B(6)(a), replace “schedule 1 of the State Sector Act 1988” with “Part 1 of Schedule 2 of the Public Service Act 2020”.

Taxation Review Authorities Act 1994 (1994 No 165)

In section 5(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 10, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 11(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 11(2), replace “Public Service” with “public service”.

Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (2017 No 7)

In Schedule 3, clause 7(3), replace “section 27A of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 (2016 No 17)

In wehenga 13, definition of tari Kāwanatanga (department of State), replace “Āpitihanga 1 o te State Sector Act 1988” with “Te Wāhanga 1 o Āpitihanga 2 o te Public Service Act 2020”.

In section 13, definition of department of State (tari Kāwanatanga), replace “Schedule 1 of the State Sector Act 1988” with “Part 1 of Schedule 2 of the Public Service Act 2020”.

In section 22(3)(a), replace “State Services Commission” with “Public Service Commission”.

In Schedule 5, clause 33(2), replace “State Services Commissioner” with “Public Service Commissioner”.

Te Ture Whenua Maori Act 1993 (1993 No 4)

In section 242(1), replace “Public Service” with “public service”.

Te Urewera Act 2014 (2014 No 51)

In section 54(2)(b)(i), replace “State Sector Act 1988” with “Public Service Act 2020”.

Trade in Endangered Species Act 1989 (1989 No 18)

In section 35(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Trade Marks Act 2002 (2002 No 49)

In section 175(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

Treaty of Waitangi Act 1975 (1975 No 114)

In section 4(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 2, clause 9(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 2, clause 9(2), replace “Public Service” with “public service”.

Valuers Act 1948 (1948 No 63)

In section 2, definition of Valuer-General, replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 8, replace “Public Service” with “public service” in each place.

Veterans’ Support Act 2014 (2014 No 56)

Replace section 160(3) with:

(3)

Clauses 2 to 4 of Schedule 6 of the Public Service Act 2020 apply to a delegation under subsection (1) as if the delegation were made under clause 2 of that schedule.

In section 203(1)(a), replace “section 41(1A) of the State Sector Act 1988” with “clause 2(4) of Schedule 6 of the Public Service Act 2020”.

In section 203(1)(b), replace “section 41(2A) of the State Sector Act 1988” with “clause 2(5) of Schedule 6 of the Public Service Act 2020”.

Replace section 203(2) with:

(2)

Clauses 2 to 4 of Schedule 6 of the Public Service Act 2020 apply, with any necessary modifications, to a delegation under subsection (1) as if the general manager were a public service chief executive.

Volunteers Employment Protection Act 1973 (1973 No 25)

In section 2(1), definition of State employee, paragraph (a), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 2(1), definition of State services, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In section 12(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 (2010 No 24)

In section 6(3), definition of department, replace “State Sector Act 1988” with “Public Service Act 2020”.

Walking Access Act 2008 (2008 No 101)

In section 4, definition of department, replace “department of State specified in Schedule 1 of the State Sector Act 1988” with “public service agency defined in section 5 of the Public Service Act 2020”.

In section 43(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 45(4), replace “State Sector Act 1988” with “Public Service Act 2020”.

Weathertight Homes Resolution Services Act 2006 (2006 No 84)

In section 108(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In Schedule 3, clause 1(2), replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Weights and Measures Act 1987 (1987 No 15)

In section 26(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 26(3), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 30J, replace “State Sector Act 1988” with “Public Service Act 2020”.

Wild Animal Control Act 1977 (1977 No 111)

In section 19, replace “State Services Commission” with “Public Service Commission”.

Wildlife Act 1953 (1953 No 31)

In section 38(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 38(2)(a), replace “Public Service” with “public service”.

In section 38(8), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 43, replace “State Services Commission” with “Public Service Commission”.

Wine Act 2003 (2003 No 114)

In section 55(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

In section 61, replace “section 41 of the State Sector Act 1988” with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”.

In section 74(1)(b), replace “of the Public Service listed in Schedule 1 of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

In section 82N(1)(g), replace “department of the public service listed in Schedule 1 of the State Sector Act 1988” with “public service agency as defined in section 5 of the Public Service Act 2020”.

In section 105(1)(b), replace “State Sector Act 1988” with “Public Service Act 2020”.

Winston Churchill Memorial Trust Act 1965 (1965 No 39)

In section 4(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

WorkSafe New Zealand Act 2013 (2013 No 94)

In section 3, definition of collective agreement, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Part 2Amendments to legislative instruments

Anti-Money Laundering and Countering Financing of Terrorism (Definitions) Regulations 2011 (SR 2011/222)

Replace regulation 23 with:

23 Exclusion: public service agencies

Every public service agency as defined in section 5 of the Public Service Act 2020 is declared not to be a reporting entity for the purposes of the Act.

Armed Forces Canteens (Fees and Travelling Expenses) Regulations 1974 (SR 1974/165)

In regulation 2(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Biosecurity (Costs) Regulations 2010 (SR 2010/135)

In the Schedule, item 22, replace “State Sector Act 1988” with “Public Service Act 2020”.

Canterbury Earthquake (Resource Management Act—Burwood Resource Recovery Park) Order 2011 (SR 2011/254)

In clause 4(1), definition of applicant, paragraph (e), replace “within the meaning of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

Child Support Rules 1992 (SR 1992/58)

In rule 32(1)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Cremation Regulations 1973 (SR 1973/154)

In regulation 4(4), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

Education (School Risk Management Scheme) Regulations 2003 (SR 2003/39)

In regulation 4(6), replace “section 28 of the State Sector Act 1988” with “clause 5 of Schedule 6 of the Public Service Act 2020”.

Electricity (Hazards from Trees) Regulations 2003 (SR 2003/375)

In regulation 29(5), replace “State Sector Act 1988” with “Public Service Act 2020”.

Electricity Industry (Enforcement) Regulations 2010 (SR 2010/362)

In regulation 109(1)(a), replace “State Services Commissioner” with “Public Service Commissioner”.

In regulation 110, replace “State Sector Act 1988” with “Public Service Act 2020”.

Family Court Rules 2002 (SR 2002/261)

In rule 106(1)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Family Proceedings Rules 1981 (SR 1981/261)

In rule 41(1)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Government Superannuation Fund Contributions Order 1978 (SR 1978/159)

In Schedule 1, in the cross-heading “Occupational classes of the Public Service”, replace “Public Service” with “public service”.

Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 (LI 2016/17)

In regulation 128(1)(b), replace “within the meaning of the State Sector Act 1988” with “as defined in section 5 of the Public Service Act 2020”.

Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Regulations 2018 (LI 2018/173)

In regulation 3(1), definition of Crown, paragraph (b), replace “Public Service specified in Schedule 1 of the State Sector Act 1988” with “public service specified in Part 1 of Schedule 2 of the Public Service Act 2020”.

Lawyers and Conveyancers Act (Conveyancers: Registration and Practice) Regulations 2008 (SR 2008/189)

In regulation 21, definition of conveyancing experience, replace paragraph (c) with:

(c)

conveyancing work in the public service (as defined in section 10 of the Public Service Act 2020):

Lawyers and Conveyancers Act (Lawyers: Practice Rules) Regulations 2008 (SR 2008/188)

In regulation 3(1), definition of legal experience, paragraph (c), replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Maori Purposes Fund Regulations 1937 (SR 1937/241)

In regulation 2(1) and (3), replace “officer of the Public Service” with “officer of the public service”.

In regulation 2(1) and (3), replace “Commissioners” with “Commissioner”.

Measurement Standards Regulations 2019 (LI 2019/91)

In regulation 3, definition of government agency, paragraph (a), replace “section 27A of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

Medicines (Database of Medical Devices) Regulations 2003 (SR 2003/325)

In regulation 3, definition of Ministry of Health, replace “Public Service” with “public service”.

New Zealand Public Service Medal Regulations 2018 (LI 2018/151)

In regulation 3, revoke the definition of department.

In regulation 3, revoke the definition of departmental agency.

In regulation 3, replace the definition of Public Service with:

public service means the public service agencies listed in Schedule 2 of the Public Service Act 2020

In regulation 3, replace the definition of Public Service employee with:

public service employee means a public service employee as defined in section 65 of the Public Service Act 2020

In regulation 3, insert in its appropriate alphabetical order:

Public Service Commissioner means the Public Service Commissioner appointed under section 42 of the Public Service Act 2020

In regulation 3, revoke the definition of State Services Commissioner.

In regulation 4(1) and (2), replace “Public Service” with “public service” in each place.

In regulation 4(2), replace “State Services Commissioner” with “Public Service Commissioner”.

New Zealand Railways Corporation (Staff) Regulations 1982 (SR 1982/46)

In regulation 45(1)(d)(iv), replace “State Sector Act 1988” with “Public Service Act 2020”.

In regulation 139(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In regulation 143(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In regulation 144(1), replace “State Sector Act 1988” with “Public Service Act 2020”.

In regulation 146, table, item 1, in column 1, replace “State Sector Act 1988” with “Public Service Act 2020”.

Oranga Tamariki (Residential Care) Regulations 1996 (SR 1996/354)

In regulation 2, definition of social worker, delete “under Part 5 of the State Sector Act 1988”.

In regulation 30(2), replace “State Sector Act 1988” with “Public Service Act 2020”.

Oranga Tamariki Rules 1989 (SR 1989/295)

In rule 36(1)(a), replace “State Sector Act 1988” with “Public Service Act 2020”.

Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 (LI 2018/173)

In regulation 3(1), definition of Crown, paragraph (b), replace “departments of the Public Service specified in Schedule 1 of the State Sector Act 1988” with “public service agencies as defined in section 5 of the Public Service Act 2020”.

Public Lending Right for New Zealand Authors Regulations 2008 (SR 2008/423)

In regulation 5(b), replace “government department named in Schedule 1 of the State Sector Act 1988” with “public service agency as defined in section 5 of the Public Service Act 2020”.

Residential Care and Disability Support Services Regulations 2018 (LI 2018/203)

In Schedule 3, clause 2, definition of Crown, paragraph (b), replace “departments of the Public Service specified in Schedule 1 of the State Sector Act 1988” with “public service agencies as defined in section 5 of the Public Service Act 2020”.

Social Security Regulations 2018 (LI 2018/202)

In regulation 171(3), definition of State services, replace “section 2 of the State Sector Act 1988” with “section 5 of the Public Service Act 2020”.

In Schedule 8, clause 5, definition of Crown, paragraph (b), replace “departments of the Public Service specified in Schedule 1 of the State Sector Act 1988” with “public service agencies as defined in section 5 of the Public Service Act 2020”.

Student Allowances Regulations 1998 (SR 1998/277)

In regulation 2(1), definition of Crown, paragraph (b), replace “departments of the Public Service specified in Schedule 1 of the State Sector Act 1988” with “public service agencies as defined in section 5 of the Public Service Act 2020”.

The New Zealand Public Service Medal (LI 2018/134)

In clause 8, replace “State Services Commissioner” with “Public Service Commissioner” in each place.

In clause 12, replace “State Services Commissioner” with “Public Service Commissioner” in each place.

Travelling Allowance Regulations 1949 (SR 1949/94)

In regulation 18(a) and (b), replace “Public Service” with “public service” in each place.

Travelling-allowance Regulations 1941 (SR 1941/149)

In regulation 16, replace “Public Service” with “public service”.

Valuers Regulations 1949 (SR 1949/25)

In regulation 9, replace “Public Service” with “public service”.

Legislative history

22 July 2020

Divided from Public Service Legislation Bill (Bill 189–1), third reading

6 August 2020

Royal assent

This Act is administered by the Public Service Commission.