Supplementary Order Paper No 549

No 549

House of Representatives

Supplementary Order Paper

Tuesday, 21 July 2020

Public Service Legislation Bill

Proposed amendments for the consideration of the Committee of the whole House

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Explanatory note

This Supplementary Order Paper makes changes to the Public Service Legislation Bill.

A second Supplementary Order Paper will divide Part 7 from the Bill to become a Public Finance Amendment Bill. Parts 1 to 6 and the schedules will become the Public Service Bill.

Substantive changes made to the Bill are listed below. Other minor changes are made to the Bill, for example, to correct typographical errors or update references to other legislation.

Part 1Preliminary provisions

  • A change is made to the definition of State services in clause 5 to state that this term does not include Offices of Parliament, the Office of the Clerk of the House of Representatives, or the Parliamentary Service. The intent is to reflect the current law under which those agencies are part of the legislative branch of government.

  • New definitions of collective agreement and individual employment agreement are substituted and a definition of employment agreement is inserted. Those changes are to retain overall consistency with definitions in the Employment Relations Act 2000 as well as consistency with other terms defined or used in the Bill.

  • New clauses 5A and 5B relate to references to the term department in legislation (other than the Bill). In other legislation, this term is to be read as including departmental agencies, interdepartmental executive boards, and interdepartmental ventures except in the circumstances specified in new clause 5B.

  • The purpose of the public service in clause 9 is changed to include a reference to acting in accordance with the law.

  • Changes are made to clauses 10 and 11 to include references to public service boards. The effect is that those boards must also uphold the public service principles and preserve, protect, and nurture the spirit of service to the community that their employees bring to their work. An amendment to clause 11 (spirit of service) also states that the responsibility of boards of Crown agents is a collective duty of the board owed only to the responsible Minister in accordance with section 58 of the Crown Entities Act 2004. This is the same as the accountability mechanism provided for in clause 10(5) (public service principles).

  • In new clause 15(3A), a consultation requirement is added to the setting or varying of minimum standards by the Public Service Commissioner (the Commissioner).

  • Clause 18 relates to guidance by the Commissioner relating to integrity and conduct of public servants. A reference to rights and responsibilities is replaced by a reference to the public service principle of political neutrality.

Part 2Public service agencies and joint operational agreements

  • Clauses 21, 24, and 31 relate to the establishment of 4 different types of public service agencies: departments, departmental agencies, interdepartmental executive boards, and interdepartmental ventures. Details relating to the establishment of an agency are recorded in an Order in Council in each case. For departmental agencies, clauses 21 and 22 have been changed to clarify that working arrangements, functions, duties, and powers may be applied to both new and existing departmental agencies.

  • Clause 22 is changed so that working arrangements (other than those referred to in subclause (2)) must be agreed by the Commissioner rather than Ministers. (Whether the working arrangements set out in subclause (2) apply or not is decided by Ministers.) The same change is made to clause 53 relating to functional chief executives.

Part 3People working in public service

  • A reference to promoting the good employer requirements in the Bill is added to the Commissioner’s general functions in clause 42.

  • Clause 45 currently provides an option of appointing 1 or 2 Deputy Public Service Commissioners (Deputy Commissioners). This is changed to state that 2 Deputy Commissioners must be appointed.

  • Clause 55 is changed so that a system leader may issue guidance without needing agreement from a Minister. The agreement of a Minister is still required when a system leader issues standards that will apply in public service agencies.

  • Changes are made to clause 60 to include references to public service boards and to chief executives and boards that lead other State services. The effect is that guidance issued by the Commissioner relating to a strategy for the development of senior leadership and management capability in the public service may also be issued to assist those chief executives and boards.

  • Clause 71 is changed to add 2 further matters expected to be included in an employment policy operated by a good employer for the purpose of that clause. A reference is added to recognition of the importance of achieving pay equity between female and male employees. A reference is also added to recognition of the importance of decisions about remuneration being free from bias including, but not limited to, gender bias.

  • Clause 73 is changed to clarify the obligations of chief executives and boards in relation to promoting diversity and inclusiveness. Clause 74 is omitted because matters concerning the Commissioner’s functions in relation to diversity and inclusiveness are covered elsewhere in the Bill (see clause 97 and clause 15 of Schedule 3).

  • Clause 80 (pay equity claims) is replaced. The new clause contains changes for consistency with the approach to the Commissioner’s responsibility in clause 77 (for negotiating collective agreements). Two substantive changes from the version of clause 80 in the Bill as introduced are made. First, the clause expressly requires a chief executive of a department or board of an interdepartmental venture to notify the Commissioner of any pay equity claim. Secondly, the responsibility of the Commissioner does not necessarily end at the point at which the pay equity claim goes to mediation. The Commissioner is provided with discretion to continue the involvement during mediation.

  • Minor adjustments are made to clauses 79, 81, and 83 to clarify the scope of the delegations in relation to the Commissioner’s responsibilities for collective bargaining and pay equity claims.

  • Adjustments are made to clauses 85, 87, 89, 90, and 92 to clarify the intent and improve the workability of the provisions relating to portability of leave. In particular, annual holidays under subpart 1 of Part 2 of the Holidays Act 2003 are now referred to in clause 90(1). That would include any leave in the nature of annual holidays, whether the minimum entitlement required by section 16 of the Holidays Act 2003 or additional entitlements (whether specified in an employment agreement or otherwise).

Part 4Government workforce policy

  • Clause 97 is amended to add references to pay equity and workforce diversity and inclusiveness to the list of matters that a Government workforce policy may relate to.

  • Clause 97 is also amended to omit the Office of the Clerk of the House of Representatives, the Parliamentary Service, the Office of the Ombudsman, the Office of the Auditor-General, and the Office of the Parliamentary Commissioner for the Environment from the list of agencies to which a Government workforce policy may apply. A consequential change is also made to clause 101.

Part 5Offence, immunity, responsibility of departmental agencies under Privacy Act 1993, and public service reorganisations

  • The offence provision in clause 103 is changed by replacing a list of exceptions with a change to the wording in subclause (1)(a). The word “improperly” is inserted so that it becomes an offence to directly or indirectly solicit or attempt to improperly influence a public service leader or their delegate.

Part 6Amendments to enactments, savings, repeals, and revocations

  • Part 6 includes new amendments to—

    • Clerk of the House of Representatives Act 1988:

    • Official Information Act 1982:

    • Ombudsmen Act 1975:

    • Parliamentary Service Act 2000.

  • Amendments are made to the Clerk of the House of Representatives Act 1988, the Ombudsmen Act 1975, and Parliamentary Service Act 1988. The amendments to the first 2 Acts were sought by the Clerk and the Parliamentary Service to remove functions of the Commissioner in the administration of the Office of the Clerk and the Parliamentary Service. This is consistent with the role of those offices within the legislative branch of government and their operation independent of executive government. The amendments to the Ombudsmen Act 1975 clarify that all public service agencies (including the 2 new types of agencies under the Bill) are subject to that Act. The amendments to the Official Information Act 1982 replace references to departments with references to public service agencies for the purpose of that Act to be consistent with the Ombudsmen Act 1975.

  • Clause 107 is changed to define departmental agency and interdepartmental venture for the purpose of the Crown Organisations (Criminal Liability) Act 2002. Those terms are used in the substantive amendment to that Act already in the Bill as introduced.

Part 7Amendments to Public Finance Act 1989

  • Part 7 amends the Public Finance Act 1989.

  • Proposed new section 45AB(1) (in clause 134) is amended to adjust the test for when a Minister can grant a waiver to a departmental agency, an interdepartmental executive board, or an interdepartmental venture from the requirement to include financial statements in the entity’s annual report. Under the adjusted test, the Minister may grant a waiver if the Minister is satisfied that the preparation of separate financial statements by the entity is not justified having regard to its functions and operations and the materiality of its assets, liabilities, expenditure, and revenue.

  • Under proposed new section 45B(3) (in new clause 134A), the assets, liabilities, expenditure, and revenue of an entity that has received a waiver under proposed new section 45AB must be included in the financial statements of the entity’s host or relevant departments.

Amendments to schedules

Schedule 1
  • Clause 15 of Schedule 1 is replaced. The new clause provides that clauses 80 to 83 apply to pay equity claims existing at the date of commencement of clause 80.

Schedule 3
  • New clause 11A and clause 12 of Schedule 3 relate to remuneration and status of independent advisers and members of advisory committees, respectively. Remuneration and payment of expenses for these people will be set by the Commissioner under the Government’s fees framework. Both clauses state that public service chief executives and employees as well as chief executives and employees in the wider State services are not entitled to any payment if appointed to these roles as a representative of their department or organisation.

  • Clause 15 of Schedule 3 relates to 3-yearly briefings by the Commissioner on the state of the public service. A further topic that may be covered by a briefing is added to the clause. This is the extent to which public service agencies are achieving workforce diversity and inclusiveness.

Schedule 6
  • Clause 8 of Schedule 6 relates to long-term insights briefings by chief executives of departments. The clause states that the purpose of a briefing is to provide information into the public domain about medium and long-term trends, risks, and opportunities that affect or may affect New Zealand and New Zealand society. A second purpose is added to the clause. That is to provide information and impartial analysis, including policy options for responding to matters in the categories referred to in the first purpose, into the public domain.

Schedule 7
  • A reference to merit-based appointments and diversity and inclusiveness as matters a panel must have regard to when considering applicants for a chief executive position is added to clause 3 of Schedule 7.

  • A reference to merit-based appointments as a matter the Commissioner must consider when deciding whether to transfer a chief executive or a Deputy Commissioner into a chief executive position is added to clause 6 of Schedule 7.

Schedule 8
  • Clauses 4 and 5 of Schedule 8 are changed to restore the effect of sections 64 and 65 of the State Sector Act 1988 regarding the circumstances in which a chief executive or board is not required to notify an appointment or provide a procedure for review of appointments.

  • Clause 6 of Schedule 8 is changed to clarify the purposes for which a medical examination may be requested, and to require that this purpose be stated in the request. The revised clause also makes clear that a report of the examination may be provided to the chief executive or board only with the consent of the person examined.

  • Clauses 7 to 10 of Schedule 8 are replaced and reordered with minor changes for technical correctness.

The Honourable Chris Hipkins, in Committee, to propose the amendments shown in the following document.

Hon Chris Hipkins

Public Service Legislation Bill

Government Bill

189—1

Contents

1Title
2Commencement
3Purposes of this Act
4Guide to this Act
5Interpretation
5AReferences to departments in enactments
5BCircumstances where section 5A does not apply
6Transitional, savings, and related provisions
7Act binds the Crown
8Public service defined
9Purpose
10Public service principles
11Spirit of service to community
12Crown’s relationships with Māori
13Who responsibilities are owed to, how these apply, and reporting to Commissioner
14Public service values
15Commissioner may set minimum standards of integrity and conduct
16Agencies must comply with minimum standards unless exception granted
17Guidance on integrity and conduct
18Required content of guidance on rights and responsibilities political neutrality
19Status of minimum standards and guidance
20Rights and freedoms of public service employees
21Establishment and reorganisations of departments and departmental agencies
22Functions, duties, and powers and working arrangements of departmental agencies
23Purposes
24Establishment and reorganisations of interdepartmental executive boards
25Responsibilities, powers, and working arrangements of interdepartmental executive boards
26Members of board responsible to appropriate Minister
27Selection of board members and designation of chairperson
28Limit on role of independent advisers
29Operating procedures to be published
30Purposes
31Establishment and reorganisations of interdepartmental ventures
32Responsibilities and powers of boards of interdepartmental ventures
33Members of board responsible to appropriate Minister
34Members of board and designation of chairperson
35Operating procedures to be published
36Purpose and effect of joint operational agreements
37Establishment of joint operational agreements
38Implementation and limit on enforceability
39Termination of joint operational agreements
40Public Service Commissioner
41Commissioner’s role
42Commissioner’s general functions
43Duty to act independently when making decisions about public service chief executives
44Other functions and powers of Commissioner in Schedule 3
45Deputy Public Service Commissioners
46Other terms and conditions of appointment in Schedule 4
47Commissioner is chief executive of Commission
48Advisory committees
49Public service chief executives
50General responsibilities of chief executives of departments and departmental agencies
51Functional chief executives
52Duty to act independently in employment matters
53Working arrangements between functional chief executives and host departments
54System leaders
55Standards and guidance
56Other provisions in schedules Schedules 6 and 7
57Public service leadership team
58Purposes of public service leadership team
59Commissioner must develop and implement leadership strategy
60Guidance
61Responsibilities of chief executives and boards
62Secondments
63Interpretation
64Public service employees: departments
65Public service employees: interdepartmental ventures
66Public service employees: departmental agencies
67Public service employees: interdepartmental executive boards
68Ministerial staff
69Appointments subject to review
70Appointments on merit
71Chief executive of department and board of an interdepartmental venture to be good employer
72Commissioner’s functions include promoting, developing, and monitoring equal employment opportunities
73Chief executives and boards to promote diversity and inclusiveness
74Commissioner’s functions in relation to diversity and inclusiveness
75Application of Employment Relations Act 2000 to public service
76Personal grievances and disputes
77Negotiation of collective agreements
78Collective agreements
79Delegation of Commissioner’s functions and powers to negotiate collective agreements
80Pay equity claims
80Pay equity claims
81Provisions relating to negotiation of pay equity claim Commissioner to enter negotiations in consultation with affected department or interdepartmental venture
82Agreement in relation to pay equity claim binding on chief executive or board affected
83Delegation of Commissioner’s functions and powers to negotiate pay equity claim
84Other employment provisions in Schedule 8
85Power to transfer employees between public service agencies
86No redundancy payment for employee transferred under section 85
87Other restrictions on redundancy payments
88Certain provisions not to apply in relation to transfer or offer of alternative position
89Application of section 90
90Employment in public service continuous for purpose of certain enactments
91Liability of public service agencies for remediation in relation to continuous employment application of section 90
92Further provision in relation to continuous employment
92Further provision in relation to application of section 90 to annual holidays
93Regulations relating to continuous employment treatment of employment as continuous under section 90
94Responsibility of departmental agency for health and safety of workers
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
105Departmental agency to comply with section 23 of Privacy Act 1993
106Reorganisations within public service
106AAmendments to Clerk of the House of Representatives Act 1988
106BSection 17 amended (Functions of State Services Commissioner in relation to Office)
106CSection 22 amended (Review of appointments)
106DSection 26 amended (Negotiation of conditions of employment)
107Amendments to Crown Organisations (Criminal Liability) Act 2002
107AAmendments to Official Information Act 1982
107BAmendments to Ombudsmen Act 1975
107CSection 2 amended (Interpretation)
107DSection 13 amended (Functions of Ombudsmen)
107ESection 32 amended (Power to amend Schedule 1 by Order in Council)
107FSchedule 1 amended
107GAmendments to Parliamentary Service Act 2000
108Amendments to Privacy Act 1993
108AAmendments to Privacy Act 1993
108BSection 2 amended (Interpretation)
108CSection 3 amended (Information held by agency)
108DSection 23 amended (Privacy officers)
108ESection 96C amended (Interpretation)
108FNew section 120A inserted (Responsibility under this Part for interdepartmental executive board)
120AResponsibility under Parts 5 and 8 for interdepartmental executive board
108GAmendments to Privacy Act 2020
108HSection 7 amended (Interpretation)
108ISection 10 amended (Personal information held by agency if held by officer, employee, or member of agency)
108JSection 138 amended (Interpretation)
108KSection 201 amended (Privacy officers)
108LNew section 201A inserted (Responsibility under this Part for interdepartmental executive board)
201AResponsibility under Parts 4 to 6 for interdepartmental executive board
109Repeals
110Repeal of certain provisions of this Act
111Legislative instruments revoked
112Consequential amendments to enactments
113Principal Act
114Section 1A amended (Purpose)
115Section 2 amended (Interpretation)
116Section 7C amended (Responsibility for, and administration and use of, appropriations)
116ASection 14 amended (Content of Estimates)
117Section 15C amended (End-of-year performance information requirements)
118Section 15D amended (Exemptions from end-of-year performance information requirements for certain categories of expenses and capital expenditure)
119Section 19 amended (Power of Secretary to obtain information)
120Section 19A amended (Provision of end-of-year performance information other than by Ministers)
121Section 26Z amended (Power of Secretary to obtain information)
122Section 29A amended (Power of Secretary to obtain information)
123Part 4 heading amended
124Section 34 amended (Responsibilities of chief executives: financial management of departmental matters)
125Section 36 amended (Responsibilities of chief executives: reporting)
126Section 37 amended (Power of chief executives to obtain information)
127Section 38 amended (Departments must provide information on strategic intentions)
128Section 40 amended (Requirements for information on strategic intentions)
129Section 41 amended (Minister may grant extension of time for, or waive, requirement to provide information on strategic intentions)
130Section 43 amended (Departments must prepare annual reports)
131Section 43A repealed (Departmental agencies must prepare annual reports)
132Section 44 amended (Obligation to present and publish annual reports)
133Section 45 amended (Contents of annual report of department)
134Section 45AA replaced (Contents of departmental agency annual report)
45AAContents of annual report of specified agency
45ABWaiver from requirement to include financial statements in specified agency’s annual report
134ASection 45B amended (Annual financial statements)
135Section 45C amended (Statement of responsibility)
136New section 45CA inserted (Statement of responsibility for specified agencies)
45CAStatement of responsibility for specified agencies
137Section 45D amended (Audit report)
138Section 45E amended (Application of this Part to intelligence and security departments)
139Section 45H amended (Application of subpart)
140Section 65S amended (Departmental Bank Accounts)
141Section 65ZE amended (Departments may give guarantee or indemnity specified in regulations if in public interest)
142Section 75 amended (Minister may exercise powers relating to bona vacantia)
143Section 80 amended (Treasury instructions)
144Section 80A amended (Minister of Finance instructions)
145Section 81 amended (Regulations, Orders in Council, and notices)
146Section 82 amended (Consultation and approval requirements for regulations or instructions relating to reporting standards)
147New section 82A inserted (Certain specified agencies with intelligence and security aspect treated as intelligence and security departments)
82ACertain specified agencies with intelligence and security aspect treated as intelligence and security departments

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Public Service Legislation Act 2019.

2 Commencement

(1)

Section 89 comes into force on a date set by Order in Council.

(2)

Section 110(1) comes into force on 1 January 2021 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 only). 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 8) 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 Deputy Commissioners, public service chief executives (including 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

carry out, in relation to a function, includes to perform or exercise the function

collective agreement has the meaning given in section 5 of the Employment Relations Act 2000

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 40

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 24(3) and 31(3) and see also sections 5A and 5B 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 Part 2 of Schedule 2

Deputy Commissioner means a Deputy Public Service Commissioner appointed under section 45

education service has the same meaning as in section 10(4) of the Education and Training Act 2019

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 63

employee of an interdepartmental venture or employee of the interdepartmental venture has the meaning given in section 63

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

function means a function, power, or duty

functional chief executive means a chief executive appointed under section 49(5) with particular functions assigned to the role as set out in the Order in Council relating to the role (see definition of particular functions below) to a particular functional chief executive role (see section 49(3) and Schedule 5)

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

individual employment agreement has the meaning given in section 5 of the Employment Relations Act 2000

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, acting under 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 1 senior private secretary, 1 ministerial secretary, 1 ministerial adviser, 1 press secretary, and 1 private secretary. Minister A’s ministerial staff includes some staff on events-based agreements.

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

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

particular functions, for a functional chief executive role, means the particular functions that the role has within a department as set out in the Order in Council relating to the role

public service has the meaning given in section 8

public service agency means any of the agencies listed in section 8(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 27(5) and 34(4))

public service employee,—

(a)

for the purposes of sections 11 and 20, 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 63

public service leader means the Commissioner, any a Deputy Commissioner, and all or a public service chief executives 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 57

public service principles has the meaning given means the principles set out in section 10

public service values has the meaning given means the values set out in section 14

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 means an institution within the meaning of section 159(1) of the Education Act 1989

tertiary education institution means an institution as defined in section 10(1) of the Education and Training Act 2019

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

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

5A 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.

5B Circumstances where section 5A does not apply

(1)

Section 5A 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 5A(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.

6 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

7 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

8 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 ss 2727A

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

9 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, and facilitates active citizenship, and acts in accordance with the law.

Compare: 1988 No 20 s 1A

10 Public service principles

(1)

In order to achieve the purpose in section 9, 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 under section 50; and

(b)

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

(2A)

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

(2B)

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.

(3)

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

(4)

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

(5)

The responsibility of a board of a Crown agent under subsection (4) 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.

11 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

12 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)

To that end, The public service does so by the Commissioner, public service chief executives, interdepartmental executive boards, and boards of interdepartmental ventures are responsible 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 71(2)(d) in the development and implementation of the leadership strategy under section 59:

(ii)

in the case cases of chief executives and public service boards that employ staff, operate, operating an employment policy that meets the requirements of section 71(2)(d).

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

(1)

A person or board is responsible under section 12,—

(a)

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

(b)

in the case of a chief executive who leads a public service agency 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 12,—

(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 public service agency 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 12(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

14 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:

Ethical 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.

15 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:.

(c)

rights and responsibilities.

(2)

Minimum Those minimum standards of integrity and conduct 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 apply minimum standards, or 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.

(3A)

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.

(4)

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

(5)

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.

(6)

The Commissioner may also provide advice to other 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

16 Agencies must comply with minimum standards unless exception granted

(1)

Agencies, individuals, and groups must comply with the minimum standards set under section 15 that apply to them.

(2)

However, an agency covered by section 15(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

17 Guidance on integrity and conduct

(1)

The Commissioner may issue guidance on integrity and conduct for the agencies referred to in section 15(2) and the people who work in them.

(2)

The guidance may relate to minimum standards set under section 15 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.

18 Required content of guidance on rights and responsibilities political neutrality

(1)

If guidance issued under section 17 includes guidance on rights and responsibilities the public service principle of political neutrality, the guidance must address—

(a)

rights and responsibilities relating to the right to freedom of expression:; and

(b)

the rights and 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.

19 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

20 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 any action taken by to a public service employee to exercise 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

21 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 22(2) will apply to an existing a departmental agency (whether new or existing) or no longer applies, amend columns 3 or 4 in 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 22(2) apply to it 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

22 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 carry out 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 approved by the appropriate Ministers 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 50(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

23 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 subject matter area:

(b)

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

(c)

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

24 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 an interdepartmental executive 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 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 this section, In section 23 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

25 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 50(1) (relating to general responsibilities of chief executives):

(b)

sections 52(1)(b) and 52(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 and responsibilities, 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 50(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

26 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.

27 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.

(3A)

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.

(4)

Before selecting board members or designating a chairperson 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.

(4A)

Clause 11A of Schedule 3 relates to the remuneration of independent advisers, which is to be set by the Commissioner.

(5)

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

Compare: 1988 No 20 s 35

28 Limit on role of independent advisers

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

29 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

30 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.

31 Establishment and reorganisations of interdepartmental ventures

(1)

The Governor-General may, by Order in Council, if an interdepartmental venture is established or disestablished or if its name is changed, insert, repeal, or amend an item in Part 4 of Schedule 2.

(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 30 and this section, departments means departments, departmental agencies, the New Zealand Police, and the New Zealand Defence Force.

Compare: 1988 No 20 s 30A

32 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 50(1) (relating to general responsibilities of chief executives):

(b)

sections 52(1)(a) and 52(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 and responsibilities, 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

33 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.

34 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.

(2A)

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

(3)

Before designating a chairperson 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 is are relevant.

(4)

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

Compare: 1988 No 20 s 35

35 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

36 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 37 to 39 do not limit the ability of agencies to enter into informal working arrangements.

37 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.

38 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.

39 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

40 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

41 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

42 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 for within; and

(e)

review the design and operation of all areas 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, service delivery, and performance:

(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

43 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

44 Other functions and powers of Commissioner in Schedule 3

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

45 Deputy Public Service Commissioners

(1)

At least 1 but not more than 2 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 carry out all the functions perform or exercise all the functions, duties, and powers of the Commissioner.

(4)

If 2 Deputy Commissioners are appointed, the The Commissioner may assign to either or both of them the Deputy Commissioners responsibilities to achieve objectives in 1 or more subject-matter 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.

(a)

if only 1 Deputy Commissioner has been appointed, that person must act as Commissioner:

(b)

if 2 Deputy Commissioners have been appointed, the person who has held the role longer must act as Commissioner.

(6)

The fact that a Deputy Commissioner carries out a function 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

46 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

47 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

48 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 12 of Schedule 3 sets out 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

49 Public service chief executives

(1)

The Commissioner must appoint a chief executive to lead each 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 of for the functional chief executive role; and

(c)

set out the particular functions of the functional chief executive role within the host department (see the definition of particular functions in section 5). 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)

The See the provisions of Schedule 7, which apply to the appointment and performance review of chief executives, but see also clause 11 of Schedule 7 that 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

50 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 9; 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)

carrying out their functions as a chief executive and the carrying out of functions by 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 carrying out functions of 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 carrying out its functions 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 carrying out functions of the performance of functions or duties, or the exercise of powers, of or by the board, except for tasks unless provided in an enactment or delegated to the department under section 25(2).

(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

51 Functional chief executives

(1)

Section 50(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 (see the definition of particular functions in section 5).

(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 is any of these are relevant to their particular functions.

(4)

The chief executive of a department is not responsible for carrying out functions 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)

52 Duty to act independently in employment matters

(1)

Despite section 50(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 68 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

53 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 approved by the appropriate Ministers agreed by the Commissioner.

Compare: 1988 No 20 s 27B

System leaders

54 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 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.

55 Standards and guidance

(1)

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

(1A)

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

(2)

The standards and guidance must be in writing.

(3)

Those standards apply only in or to public service agencies.

(4)

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

(5)

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

Other provisions in schedules

56 Other provisions in schedules 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

57 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 1 or 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 chief executive of the New Zealand Police Commissioner of Police:

(v)

the chief executive of the New Zealand Defence Force Chief of Defence Force.

58 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

59 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

60 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.

61 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 that 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 59.

(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

62 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 70 (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

63 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

64 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)

65 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)

66 Public service employees: departmental agencies

(1)

In relation to employees of a host department who carry out the functions 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 64(1)(a) and (b) (power to appoint and remove employees); and

(ii)

section 76(a) and (c) (personal grievances and certain other employment relationship problems); and

(iii)

section 70 (appointments on merit); and

(iv)

sections 85 (power to transfer employees); and

(v)

section 87 (other restrictions of redundancy payments); and

(vi)

section 88 (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 employee provisions to transfers of functions between Crown entities and public service agencies); and

(xiii)

clause 10 of Schedule 8 (application of collective agreements to employees following reorganisations); and

(xii)

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

(xiii)

clauses 8 to 10A 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 may carry out the functions 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)

67 Public service employees: interdepartmental executive boards

Section 66 applies in relation to employees of a servicing department who carry out the functions 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)

68 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 70 does not apply to ministerial staff.

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

69 Appointments subject to review

Appointments under any of sections 64 to 67 (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)

70 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 ss 60

Good employer requirements

71 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.

(1A)

See also section 73 (which relates to promoting diversity and inclusiveness).

(2)

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.

(3)

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)

72 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 71, 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

73 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)

have regard to be guided by the principle that, in order to achieve fairness in employment and a more effective public service, it is desirable for the group comprising all public service employees to, as far as practicable, should reflect the makeup of society; and

(b)

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

(c)

comply with any guidelines and standards provided by the Commissioner under section 74.

(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.

74 Commissioner’s functions in relation to diversity and inclusiveness

The Commissioner’s functions include

(a)

developing and maintaining guidance and standards for diversity and inclusiveness in respect of the employment of persons in the public service; and

(b)

reporting on diversity and inclusion in the 3-yearly briefing required under clause 15 of Schedule 3.

Application of Employment Relations Act 2000 to public service

75 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

76 Personal grievances and disputes

Despite sections 77, 78, and 80 to 82,—

(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

77 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)

78 Collective agreements

(1)

Every collective agreement negotiated in accordance with section 77 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 77.

Compare: 1988 No 20 s 68(4)–(6)

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

(1)

The Commissioner may, under clause 5 of Schedule 3, delegate to a chief executive of a department or the board of an interdepartmental venture any of the Commissioner’s powers the Commissioner’s functions and powers under section 77.

(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

80 Pay equity claims

(1)

This section applies to any pay equity claim made by an employee or employees of a department or an interdepartmental venture.

(2)

The Commissioner may choose to be responsible for negotiations in relation to the pay equity claim as if the Commissioner were the employer.

(3)

If the Commissioner chooses to assume responsibility under subsection (2), the responsibility arises on the date on which the Commissioner receives notice in writing of the pay equity claim from the chief executive of a department or the board of an interdepartmental venture, or any later date that the Commissioner notifies to the chief executive or board.

(4)

The Commissioner’s ability to choose, and any responsibility of the Commissioner assumed, under subsection (2) ceases on the earliest of the following to occur:

(a)

mediation under the Employment Relations Act 2000 in relation to the pay equity claim:

(b)

proceedings in the Employment Relations Authority, a tribunal, or a court in relation to the pay equity claim.

(5)

In relation to any of the processes described in subsection (4)(a) and (b), 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 so requires, together with or in consultation with the Commissioner.

(6)

In this section and sections 81 to 83,

pay equity claim means a claim, whether under the Equal Pay Act 1972 or the Government Service Equal Pay Act 1960, to the effect that an 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

(a)

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

(b)

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

80 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.

81 Provisions relating to negotiation of pay equity claim Commissioner to enter negotiations in consultation with affected department or interdepartmental venture

(1)

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.

(2)

The Commissioner may require any 2 or more chief executives or boards to negotiate a pay equity claim or pay equity claims in consultation with each other.

82 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.

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

(1)

The Commissioner may, under clause 5 of Schedule 3, delegate to a chief executive of a department or to a board of an interdepartmental venture any of the Commissioner’s powers under section 80(2) or 81 functions and powers under section 80.

(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

84 Other employment provisions in Schedule 8

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

85 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)

The employment of the employee in agency A and agency B is to be treated as continuous employment and section 90 applies to the employee.

(4)

Section 90 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.

86 No redundancy payment for employee transferred under section 85

(1)

An employee who is to be transferred under section 85 is not entitled to a redundancy payment.

(2)

In this section and in section 87, redundancy payment includes any payment or other benefit provided on the ground of a person’s position being disestablished.

87 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 a State services agency the State services (either in the employee’s current department or interdepartmental venture or elsewhere in a State services agency 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 a State services agency the State services (either in the employee’s current department or interdepartmental venture or elsewhere in a State services agency 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)

If an employee to whom subsection (1)(a) applies is moving from a position in a department or an interdepartmental venture to a position in another department or interdepartmental venture the employment of the person is to be treated as continuous employment and section 90 applies to the employee.

(2)

Section 90 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

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

Section 70 and clauses 1 and 5 of Schedule 8 do not apply in relation to the transfer of an employee under section 85 or to either position described in section 87(1).

Employment in public service continuous for purpose of certain enactments

89 Application of section 90

(1)

Section 90 applies to a public service employee if—

(a)

the employee moves from a position as an employee in a public service agency department or an interdepartmental venture (agency A) to a position as an employee in another public service agency 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 90 applies to a public service employee who is transferred under section 85 or who moves from one public service agency to another in the circumstances to which section 87 applies.

(2)

Without limiting subsection (1), section 90 applies to a public service employee who

(a)

is transferred under section 85 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 87(1)(a) applies.

90 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 employment for the purposes of—

(a)

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

(i)

section 16 subpart 1 (annual holidays); and

(ii)

section 46 (public holidays) and section 56 (alternative holidays)subpart 3 (public holidays and alternative holidays); and

(iii)

section 63(1) subpart 4 (sick leave and bereavement leave); and

(iv)

section 72C subpart 5 (family violence leave); and

(b)

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

(c)

the KiwiSaver Act 2006.

(2)

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

(a)

the period of employment of the employee in the position 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 the position 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 Act 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 93.

(7)

In this section,—

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

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

91 Liability of public service agencies for remediation in relation to continuous employment application of section 90

(1)

Agency B is not liable to an employee to whom section 90 applies for a failure by agency A to comply with an Act referred to in section 90(1)(a) or (b) in relation to—

(a)

the entitlements to leave referred to in section 90(1)(a) or (b); or

(b)

the recovery of holiday pay or leave pay.

(2)

Section 90(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 90.

92 Further provision in relation to continuous employment

Nothing in sections 28A to 28F of the Holidays Act 2003 prevents payment of annual holiday pay to an employee to whom section 90 applies if that payment is required by regulations made under section 93(1)(b).

92 Further provision in relation to application of section 90 to annual holidays

(1)

This section applies if regulations are made under section 93(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 90 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 90

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

93 Regulations relating to continuous employment treatment of employment as continuous under section 90

(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 90(1)(a) and (b) and other entitlements to leave 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 90(1)(a) or (b) and other leave entitlements are to be treated as having been taken:

(b)

specifying an amount of any entitlement to leave under the provision specified in section 90(1)(a)(i) of annual holidays not taken at or above which section 90 does not apply:

(c)

prescribing time frames within which the transfer of accumulated leave balances for the purpose of section 90 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.

Responsibility of departmental agency for health and safety of workers

94 Responsibility of departmental agency for health and safety of workers

(1)

For the purposes of the Health and Safety at Work Act 2015, a departmental agency (and not its host department) is the PCBU in relation to workers who carry out the functions of the departmental agency.

(2)

In this section,

PCBU has the meaning given in section 17(1) of the Health and Safety at Work Act 2015

worker has the meaning given in section 19 of the Health and Safety at Work Act 2015

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

(da)

pay equity and workforce diversity and inclusiveness; and

(e)

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 (e); 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, the Office of the Clerk of the House of Representatives, and the Parliamentary Service:

(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:.

(f)

the Office of the Ombudsman, the Office of the Auditor-General, and the Office of the Parliamentary Commissioner for the Environment.

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).

(4)

The following must have regard to a Government Workforce Policy Statement, and consider any request for information made under it, if the Speaker of the House, entirely at the Speaker’s discretion, invites it to do so:

(a)

the Office of the Clerk of the House of Representatives:

(b)

the Parliamentary Service:

(c)

a body specified in section 97(4)(f).

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, responsibility of departmental agencies under Privacy Act 1993, 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 43 or 52 (which relate to duties to act independently when making decisions about individual chief executives and in employment matters 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)

It is not an offence under this section

(a)

to give information or advice or make representations to a leader or a delegate at their request; or

(b)

for an organisation representing employees to make representations to a leader or a delegate about the salaries, wages, or conditions of employment of an employee or group of employees; or

(c)

for a leader or a delegate to make representations to each other on any matter (including about an individual employee).

(4)

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 functions or 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

Responsibility of departmental agencies under Privacy Act 1993

105 Departmental agency to comply with section 23 of Privacy Act 1993

In relation to the functions of a departmental agency, the responsibility under section 23 of the Privacy Act 1993 lies with the departmental agency.

Reorganisations within public service

106 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

106A Amendments to Clerk of the House of Representatives Act 1988

Sections 106B to 106D amend the Clerk of the House of Representatives Act 1988.

106B Section 17 amended (Functions of State Services Commissioner in relation to Office)

Repeal section 17(3) and (4).

106C 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.

106D 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

107 Amendments to Crown Organisations (Criminal Liability) Act 2002

(1)

This section amends the 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 Legislation Act 2019

interdepartmental venture has the meaning given in section 5 of the Public Service Legislation Act 2019

Amendments to Official Information Act 1982

107A 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

107B Amendments to Ombudsmen Act 1975

Sections 107C to 107F amend the Ombudsmen Act 1975.

107C 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

107D 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.

107E 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.

107F 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 RelationsTe 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 107F of the Public Service Legislation Act 2019.

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 107F of the Public Service Legislation Act 2019.

Amendments to Parliamentary Service Act 2000

107G 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

108 Amendments to Privacy Act 1993

(1)

This section amends the Privacy Act 1993.

(2)

In section 2(1), definition of agency, paragraph (a), after department, insert , an interdepartmental venture, or a departmental agency.

(3)

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

departmental agency has the meaning given in section 5 of the Public Service Legislation Act 2019

interdepartmental venture has the meaning given in section 5 of the Public Service Legislation Act 2019.

(4)

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.

108A Amendments to Privacy Act 1993

Sections 108B to 108F amend the Privacy Act 1993.

108B 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 Legislation Act 2019

interdepartmental executive board has the meaning given in section 5 of the Public Service Legislation Act 2019

interdepartmental venture has the meaning given in section 5 of the Public Service Legislation Act 2019

108C 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.

108D 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.

108E 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

108F 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).

108G Amendments to Privacy Act 2020

Sections 108H to 108L amend the Privacy Act 2020.

108H 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 Legislation Act 2019

interdepartmental executive board has the meaning given in section 5 of the Public Service Legislation Act 2019

interdepartmental venture has the meaning given in section 5 of the Public Service Legislation Act 2019

108I 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.

108J 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

108K Section 201 amended (Privacy officers)

In section 201, insert as subsection (2):

(2)

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

108L 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).

Repeals and revocations

109 Repeals

(1)

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

(2)

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

110 Repeal of certain provisions of this Act

(1)

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

(2)

Sections 85(4) and 87(2) and this subsection are repealed on the date on which section 89 comes into force.

(3)

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

111 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

112 Consequential amendments to enactments

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

Part 7 Amendments to Public Finance Act 1989

113 Principal Act

This Part amends the Public Finance Act 1989 (the principal Act).

114 Section 1A amended (Purpose)

In section 1A(2)(d), replace “, departmental agencies,” with “(including departmental agencies, interdepartmental executive boards, and interdepartmental ventures),”.

115 Section 2 amended (Interpretation)

(1)

In section 2(1), definition of chief executive, replace paragraphs (a) and (aa) with:

(a)

in the case of a department (other than a department referred to in paragraphs (aa) to (ac)), the chief executive of the department appointed under the section 49 of the Public Service Legislation Act 2019:

(aa)

in the case of a departmental agency, the chief executive of the departmental agency appointed under the section 49 of the Public Service Legislation Act 2019:

(ab)

in the case of an interdepartmental executive board, the board selected under the section 27 of the Public Service Legislation Act 2019:

(ac)

in the case of an interdepartmental venture, the board constituted in accordance with the section 34(1) of the Public Service Legislation Act 2019:

(2)

In section 2(1), definition of department, replace paragraph (a)(i) with:

(i)

a department (as defined in section 5 of the Public Service Legislation Act 2019); or

(ia)

a departmental agency; or

(ib)

an interdepartmental executive board; or

(ic)

an interdepartmental venture; or

(3)

In section 2(1), definition of departmental agency, replace “section 27A of the State Sector Act 1988 (see also section 27B of that Act)” with section 5 of the Public Service Legislation Act 2019.

(4)

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

functional chief executive has the meaning given in section 5 of the Public Service Legislation Act 2019

interdepartmental executive board has the meaning given in section 5 of the Public Service Legislation Act 2019

interdepartmental venture has the meaning given in section 5 of the Public Service Legislation Act 2019

relevant department means,—

(a)

in relation to an interdepartmental venture, a relevant department specified for the venture in Part 4 of Schedule 2 of the Public Service Legislation Act 2019:

(b)

in relation to an interdepartmental executive board, each department listed in the Order in Council made under section 24 of the Public Service Legislation Act 2019 for the board for the purposes of subsection (2)(b) of that section

specified agency means any of the following:

(a)

a departmental agency:

(b)

an interdepartmental executive board:

(c)

an interdepartmental venture

specified date, in Part 4, has the meaning given in section 44(6)

(5)

In section 2(1), definition of host department, replace “has the meaning given in section 27A(1) and (2) of the State Sector Act 1988” with “means the host department specified for the departmental agency in Part 2 of Schedule 2 of the Public Service Legislation Act 2019.

(6)

In section 2(1), definition of Vote, after “1 department”, insert “(but see subsection (2))”.

(7)

After section 2(1), insert:

(2)

The reference to department in paragraph (a) of the definition of Vote in subsection (1) includes a specified agency only if the Minister has approved the specified agency’s administration of a Vote.

(3)

Section 5A of the Public Service Legislation Act 2019 does not apply in relation to this Act.

116 Section 7C amended (Responsibility for, and administration and use of, appropriations)

After section 7C(4), insert:

(5)

The reference to department in subsection (2)(b) does not include a departmental agency that, under Part 2 of Schedule 2 of the Public Service Legislation Act 2019, is not empowered to manage assets or liabilities.

116A Section 14 amended (Content of Estimates)

After section 14(1)(c), insert:

(ca)

if the appropriation administrator is a specified agency and the Vote is not administered by the specified agency, the department administering the Vote; and

117 Section 15C amended (End-of-year performance information requirements)

(1)

In section 15C(2)(c), replace “a departmental agency,” with “a functional chief executive,”.

(2)

In section 15C(3), replace “a departmental agency,” with “a functional chief executive,”.

118 Section 15D amended (Exemptions from end-of-year performance information requirements for certain categories of expenses and capital expenditure)

In section 15D(2)(a), replace “a departmental agency,” with “a functional chief executive,”.

119 Section 19 amended (Power of Secretary to obtain information)

(1)

In section 19(1), replace “a departmental agency,” with “a functional chief executive,”.

(2)

In section 19(4), replace “departmental agency, or” with “a functional chief executive, or an”.

120 Section 19A amended (Provision of end-of-year performance information other than by Ministers)

In section 19A(1), replace “departmental agency,” with “functional chief executive,”.

121 Section 26Z amended (Power of Secretary to obtain information)

(1)

In section 26Z(1), replace “departmental agency,” with “functional chief executive,”.

(2)

In section 26Z(4), replace “departmental agency, or” with “a functional chief executive, or an”.

122 Section 29A amended (Power of Secretary to obtain information)

(1)

In section 29A(1), replace “departmental agency,” with “functional chief executive,”.

(2)

In section 29A(4), replace “departmental agency, or” with “a functional chief executive, or an”.

123 Part 4 heading amended

In the Part 4 heading, delete and departmental agencies.

124 Section 34 amended (Responsibilities of chief executives: financial management of departmental matters)

(1)

In section 34(3), replace “any departmental agency,” with “any functional chief executive,”.

(2)

In section 34(3), replace “or departmental agency,” with “or that functional chief executive,”.

(3)

After section 34(3), insert:

(4)

Subsection (1)(a) applies to a specified agency only to the extent that the specified agency manages assets or liabilities.

125 Section 36 amended (Responsibilities of chief executives: reporting)

Repeal section 36(2).

126 Section 37 amended (Power of chief executives to obtain information)

(1)

In section 37(1), replace “or departmental agency may” with “may”.

(2)

In section 37(1), delete “or departmental agency (as applicable)”.

(3)

In section 37(3), delete “or departmental agency”.

127 Section 38 amended (Departments must provide information on strategic intentions)

After section 38(5), insert:

(6)

This section and sections 38A to 40 do not apply to a departmental agency that, under Part 2 of Schedule 2 of the Public Service Legislation Act 2019, must operate within the strategic and policy framework of its host department (but see section 40(3)).

128 Section 40 amended (Requirements for information on strategic intentions)

(1)

In section 40(2)(b), replace “departmental agencies hosted by the departments” with “specified agencies for which the department is a host or relevant department (or, if the department is a specified agency, the department’s host or relevant departments)”.

(2)

After section 40(2), insert:

(3)

If, for the period to which the information relates, a specified agency identified under subsection (2)(b) is not required to provide information on its own strategic intentions (see sections 38(6) and 41(3A)), the information described in subsections (1) and (2) must also cover that specified agency.

129 Section 41 amended (Minister may grant extension of time for, or waive, requirement to provide information on strategic intentions)

After section 41(3), insert:

(3A)

The Minister may grant a specified agency a waiver of the requirements of section 38 if the Minister is satisfied that, having regard to the functions and operations of the specified agency, it is appropriate for the information required under that section in relation to the specified agency to be provided by the specified agency’s host or relevant departments.

(3B)

A waiver granted under subsection (3A) may apply for a period of up to 3 years.

130 Section 43 amended (Departments must prepare annual reports)

(1)

In section 43(1), delete “, excluding operations on which any departmental agency hosted by the department is required to report under section 43A”.

(2)

After section 43(1), insert:

(1A)

The annual report is not required to cover operations—

(a)

of any specified agency for which the department is a host or relevant department; and

(b)

on which the specified agency is required to report under this Part.

(3)

Replace section 43(2) with:

(2)

Not later than 15 working days after the specified date, the department must provide the annual report and the audit report (if any)—

(a)

to its responsible Minister; and

(b)

if the department is a departmental agency, to the responsible Minister for the departmental agency’s host department.

131 Section 43A repealed (Departmental agencies must prepare annual reports)

Repeal section 43A.

132 Section 44 amended (Obligation to present and publish annual reports)

(1)

Replace section 44(1) with:

(1)

The responsible Minister of a department must present the annual report of the department, and any applicable audit report, to the House of Representatives.

(2)

In section 44(2)(a), replace “audit date” with “specified date”.

(3)

In section 44(4), delete “or departmental agency”.

(4)

In section 44(4)(a), replace “audit date” with “specified date”.

(5)

In section 44(5), delete “or departmental agency” in each place.

(6)

In section 44(6), repeal the definition of audit date.

(7)

In section 44(6), after the definition of audit report, insert:

specified date means,—

(a)

in the case of a department that receives an audit report under section 45D, the date on which the department receives the audit report:

(b)

in the case of any other department, the date that is 2 months after the end of the financial year.

133 Section 45 amended (Contents of annual report of department)

(1)

In section 45(2)(a), replace “departmental agency hosted by the department is required to report under section 43A” with “specified agency for which the department is a host or relevant department is required to report under this Part”.

(2)

In section 45(4), replace “departmental agencies hosted by the department” with “specified agency for which the department is a host or relevant department”.

(3)

Replace section 45(5) with:

(5)

This section does not apply to a specified agency. (See section 45AA.)

134 Section 45AA replaced (Contents of departmental agency annual report)

Replace section 45AA with:

45AA Contents of annual report of specified agency

(1)

The annual report of a specified agency must provide the information that is necessary to enable an informed assessment to be made of the specified agency’s performance during the financial year, including how well the specified agency is managing the resources it controls.

(2)

The annual report of a specified agency must contain the following information in respect of the financial year to which it relates:

(a)

an assessment of the specified agency’s operations; and

(b)

an assessment of the specified agency’s progress in relation to its strategic intentions or, if the specified agency is not required to provide information on its own strategic intentions under section 38, in relation to,—

(i)

in the case of a departmental agency, any of the host department’s strategic intentions that are relevant to the departmental agency:

(ii)

in the case of an interdepartmental executive board or an interdepartmental venture, any of its relevant departments’ strategic intentions that are relevant to the specified agency; and

(c)

information about the specified agency’s management of its organisational health and capability; and

(d)

if the specified agency administered an appropriation in that financial year, statements of expenses and capital expenditure for the specified agency that comply with section 45A; and

(e)

if the specified agency managed assets or liabilities in that financial year and subject to section 45AB (and does not have a waiver under section 45AB), annual financial statements for the specified agency that comply with section 45B; and

(ea)

if the specified agency has a waiver under section 45AB, information about where financial information about the specified agency’s assets, liabilities, expenditure, and revenue can be found (see section 45B(3)); and

(f)

a statement of responsibility that complies with section 45CA; and

(g)

any other matters that relate to or affect the operations of the specified agency that the specified agency is required, has undertaken, or wishes to report on in its annual report.

(3)

If the annual report must contain annual financial statements under subsection (2)(e), the annual report must also contain, in respect of the financial year after the financial year to which the annual report relates, forecast financial statements for the specified agency that comply with section 45BA.

(4)

The annual report must identify the specified agency’s host or relevant departments.

45AB Waiver from requirement to include financial statements in specified agency’s annual report

(1)

The Minister may grant a waiver from the requirements to include the financial statements described in section 45AA(2)(e) and (3) if,

(a)

having regard to the functions and operations of the specified agency, the Minister considers the waiver is appropriate; and

(b)

the Minister is satisfied that other reporting required under this Act or any other enactment will provide adequate accountability for the specified agency.

(1)

The Minister may grant a waiver from the requirements to include the financial statements described in section 45AA(2)(e) and (3) if the Minister is satisfied that the preparation of separate financial statements by the specified agency is not justified having regard to

(a)

the functions and operations of the specified agency; and

(b)

the materiality of the assets, liabilities, expenditure, and revenue of the specified agency.

(2)

Before granting a waiver to a specified agency under this section, the Minister must consult—

(a)

the specified agency’s responsible Minister; and

(b)

if the specified agency is a departmental agency, the host department’s responsible Minister.

(3)

A waiver granted under this section may apply for a period of up to 3 years.

(4)

As soon as practicable after granting a waiver under this section, the Minister must present to the House of Representatives notice of the waiver and the Minister’s reasons for granting it.

134A Section 45B amended (Annual financial statements)

After section 45B(2), insert:

(3)

If a specified agency for which the department is a host or relevant department has a waiver under section 45AB, the financial statements must include, and disclose separately from the assets, liabilities, expenditure, and revenue of the department, the department’s share (determined in accordance with generally accepted accounting practice) of the assets, liabilities, expenditure, and revenue of the specified agency.

135 Section 45C amended (Statement of responsibility)

(1)

Before section 45C(1)(a), insert:

(aaa)

a statement that, in the opinion of the department’s chief executive, the annual report fairly reflects the operations, progress, and organisational health and capability of the department; and

(2)

Repeal section 45C(2).

(3)

Replace section 45C(3) with:

(3)

The statement of responsibility must be signed and dated by the chief executive of the department.

(4)

After section 45C(3), insert:

(4)

This section does not apply to a specified agency. (See section 45CA.)

136 New section 45CA inserted (Statement of responsibility for specified agencies)

After section 45C, insert:

45CA Statement of responsibility for specified agencies

(1)

A statement of responsibility relating to the annual report of a specified agency must include—

(a)

a statement that, in the opinion of the specified agency’s chief executive, the annual report fairly reflects the operations, progress, and organisational health and capability of the specified agency; and

(b)

if the annual report contains statements of expenses and capital expenditure,—

(i)

a statement of the responsibility of the specified agency’s chief executive for the preparation of the statements of expenses and capital expenditure and for the judgements expressed in them; and

(ii)

a statement of the responsibility of the specified agency’s chief executive for ensuring that end-of-year performance information on each appropriation administered by the specified department is provided in accordance with sections 19A to 19C, whether or not that information is included in the annual report; and

(c)

if the annual report contains financial statements,—

(i)

a statement of the responsibility of the specified agency’s chief executive for the preparation of the financial statements and for the judgements expressed in them; and

(ii)

a statement that, in the opinion of the specified agency’s chief executive, the financial statements fairly reflect the financial position and operations of the specified agency for the reporting period; and

(iii)

a statement that, in the opinion of the specified agency’s chief executive, the forecast financial statements fairly reflect the forecast financial position and operations of the specified agency for the financial year to which the forecast financial statements relate; and

(d)

if the annual report contains statements of expenses and capital expenditure or financial statements (or both), a statement of the responsibility of the specified agency’s chief executive for having in place a system of internal control designed to provide reasonable assurance as to the integrity and reliability of financial reporting; and

(e)

a statement of the responsibility of the specified agency’s chief executive for the accuracy of any end-of-year performance information prepared by the specified agency (see section 19A), whether or not that information is included in the annual report.

(2)

The statement of responsibility must be signed and dated by the chief executive of the specified agency.

137 Section 45D amended (Audit report)

(1)

In section 45D(1)(b), before “its annual report”, insert “if required to forward statements or any other information under paragraph (a),”.

(2)

In section 45D(1A), replace departmental agency with functional chief executive.

(2)

Replace section 45D(1A) with:

(1A)

The department or functional chief executive most recently identified in the supporting information for an Appropriation Act as providing end-of-year performance information on an appropriation for a financial year must, within 2 months after the end of that financial year, forward to the Auditor-General

(a)

the end-of-year performance information; and

(b)

the document in which that information will be presented to the House of Representatives and published (if not already provided).

(3)

In section 45D(2)(b), replace “departmental agency (as the case may be)” with “functional chief executive”.

138 Section 45E amended (Application of this Part to intelligence and security departments)

After section 45E(4), insert:

(5)

See also section 82A.

139 Section 45H amended (Application of subpart)

Repeal section 45H(1)(b).

140 Section 65S amended (Departmental Bank Accounts)

After section 65S(3), insert:

(4)

This section does not apply to a departmental agency that, under Part 2 of Schedule 2 of the Public Service Legislation Act 2019, is not empowered to manage assets or liabilities.

141 Section 65ZE amended (Departments may give guarantee or indemnity specified in regulations if in public interest)

After section 65ZE(5), insert:

(6)

This section does not apply to a departmental agency that, under Part 2 of Schedule 2 of the Public Service Legislation Act 2019, is not empowered to manage assets or liabilities.

142 Section 75 amended (Minister may exercise powers relating to bona vacantia)

(1)

In section 75(2), replace “or departmental agency, on” with “, on”.

(2)

In section 75(2), replace “, department, or departmental agency” with “or department”.

(3)

In section 75(4) and (5), replace “, department, or departmental agency” with “or department”.

143 Section 80 amended (Treasury instructions)

(1)

Replace section 80(1) with:

(1)

The Treasury may issue instructions to departments for all or any of the purposes specified in section 81(1)(a), (ab), (b), (bc), (bd), and (c) to (e).

(1A)

Subsection (1) is subject to the provisions of this Act and of any regulations made under this Act.

(2)

In section 80(2), delete “or departmental agency” in each place.

144 Section 80A amended (Minister of Finance instructions)

(1)

Repeal section 80A(3)(a)(ia).

(2)

In section 80A(4), delete “a departmental agency,”.

(3)

In section 80A(4), delete “departmental agency,”.

145 Section 81 amended (Regulations, Orders in Council, and notices)

(1)

In section 81(1)(a), delete “, departmental agencies,”.

(2)

In section 81(1)(ac) and (ba), delete “departmental agencies,”.

146 Section 82 amended (Consultation and approval requirements for regulations or instructions relating to reporting standards)

In section 82(1)(a), delete “departmental agencies,”.

147 New section 82A inserted (Certain specified agencies with intelligence and security aspect treated as intelligence and security departments)

After section 82, insert:

82A Certain specified agencies with intelligence and security aspect treated as intelligence and security departments

(1)

This section applies to a specified agency if,—

(a)

in the case of a departmental agency, the specified agency’s host department is an intelligence and security department:

(b)

in the case of an interdepartmental executive board or an interdepartmental venture,—

(i)

all of the specified agency’s relevant departments are intelligence and security departments; or

(ii)

1 or more, but not all, of the specified agency’s relevant departments are intelligence and security departments and the Minister has granted the specified agency a waiver under subsection (4).

(2)

Part 4 applies, with any necessary modifications, to the specified agency as otherwise provided for in that Part,—

(a)

as if the specified agency were an intelligence and security department; and

(b)

as modified by section 45E(1)(a), and (2) to (4); and

(c)

as if section 221(1), (2)(i), and (4) to (7) of the Intelligence and Security Act 2017 were substituted for sections 43 and 44.

(3)

This rest of this Act applies, with any necessary modifications, in relation to the specified agency as if the specified agency were an intelligence and security department.

(4)

The Minister may grant a waiver from the requirements that would otherwise apply under this Act to a specified agency described in subsection (1)(b)(ii) if the Minister considers that, having regard to the functions and operations of the specified agency, the waiver is necessary to protect New Zealand’s national security.

(5)

As soon as practicable after granting a waiver under this section, the Minister must present to the House of Representatives notice of the waiver and the Minister’s reasons for granting it.

Schedule 1 Transitional, savings, and related provisions

s 6

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 this Act section 40 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 this Act section 40 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 this Act section 45 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 this Act section 49 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 49(2)(b) on and after the commencement date.

5 Functional leads

(1)

In this clause, commencement date means the date on which this Act section 54 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 this Act section 22 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 22 on and after the commencement date.

7 Delegations

(1)

In this clause, commencement date means the date on which this Act section 44 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:

(a)

section 23:

(b)

section 28:

(c)

section 41:

(d)

section 70.

(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 this Act section 15 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 15, 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 15(1)(2) on and after the commencement date.

9 Investigations and inquiries

(1)

In this clause, commencement date means the date on which this Act section 44 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 this Act comes into force.

(2)

This clause applies to officers or employees in the State services who had an entitlement under a superannuation arrangement

(a)

on 25 January 2005; or

(b)

immediately before the commencement date.

(3)

That entitlement of an officer or employee is not affected by the matters referred to in section 88(3)(a) and (b) of the State Sector Act 1988 or the repeal of any other relevant provisions in that Act.

Compare: 1988 No 20 s 88(3)

10 Superannuation

(1)

In this clause, commencement date means the date on which section 84 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 109(1) and their replacement by clauses 11 to 13 of Schedule 8.

11 Education service

(1)

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

(2)

Parts 7, 7A, and 7B and the definitions relevant to those Parts in section 2 of the State Sector Act 1988 (as they all were immediately before the commencement date) continue to apply as if this Act had not been enacted.

12 Updated references

(1)

In this clause, commencement date means the date on which this Act section 40 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.

12A Constitution of New Zealand Public Service Association

(1)

In this clause, commencement date means the date on which section 6 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 appointed to positions in of departments

(1)

In this clause, commencement date means the date on which this Act section 63 comes into force.

(2)

This clause applies to a person who, immediately before the commencement date, held a position as was an employee in 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 to hold that position 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 this Act section 63 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 Existing pay equity claims not affected

(1)

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

(2)

Nothing in sections 80 to 83 applies to any pay equity claim (within the meaning of that term in section 80) that was made by an employee or employees of a department and

(a)

that was the subject of an application to the Authority or a court before the date on which this Act came into force (whether or not determined by the Authority or court before that date); or

(b)

that was notified to a chief executive of a department before the date on which this Act came into force, but was not the subject of an application to the Authority or a court before that date.

15 Application to existing pay equity claims

(1)

In this clause, commencement date means the date on which section 80 comes into force.

(2)

Sections 80 to 83 apply to a pay equity claim (within the meaning of that term in section 80) 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 80(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 6 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:

(a)

State Sector (Incorporated Societies) Order 1990:

(b)

State Sector (National Emergency Management Agency) Order 2019:

(c)

State Sector (Social Wellbeing Agency) Order 2020.

Schedule 2 Public service agencies

ss 21, 24, 31

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 Women

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 22(2)(a))
Chief executive may manage assets and liabilities
(see section 22(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 Investment Wellbeing AgencyPublic Service Commission

Part 3 Interdepartmental executive boards and servicing departments

Interdepartmental executive boardDepartments in board’s remit (see section 24(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 31(2)(b))

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

Schedule 3 Other functions and powers of Commissioner

s 44

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

1A 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

2 Power to obtain information

(1)

This clause applies if the Commissioner is carrying out functions in relation to a public service agency 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

3 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

4 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 carry out functions perform functions or exercise powers under section 42 and clauses 1 to 3 and 7 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, carry out functions perform functions or exercise powers under section 42 and clauses 1 to 3 and 7 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 are to be carried out or powers are to be performed or exercised by the Commissioner.

(4)

When carrying out performing a function or exercising a power in relation to an agency under section 42(b) (relating to promoting integrity, accountability, and transparency), or sections 15(3) or (6) or 17 section 15 or 16 (relating to integrity and conduct), the Commissioner may also carry out functions perform functions or exercise powers under clauses 1 to 3 and 7 to 11.

(5)

In this clause, section 42 and clauses 1 to 3 and 7 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 enactment Act; or

(b)

affect or prevent the carrying out of a function 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

5 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 responsibilities in section 10(2), 11(2), or 12; or

(c)

the function of selecting power to select board members or designating the chairperson of an interdepartmental executive board under section 27; or

(d)

the function of designating power to designate the chairperson of the board of an interdepartmental venture under section 34; or

(e)

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

(f)

the functions 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 carry out the function 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 carrying out of a function 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

6 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 it a delegation, or the person who subdelegated a function or power under clause 5(4), ceases to hold office, or is absent from duty, it continues to have effect as if made by the Commissioner’s successor or the person acting for the Commissioner.

(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

Inspections and investigations

Investigations and inquiries

7 Power to conduct inspections and investigations

(1)

This clause applies if the Commissioner is carrying out functions in relation to the public service.

(2)

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

Compare: 1988 No 20 s 8

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
Sections 32 and 33Application of Official Information Act 1982 and Public Records Act 2005
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 responsible Minister referred to in clause 4(2)(b) 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 5.

(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 may 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

(1AA)

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

(1)

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 7, until the Commissioner publishes a final report or otherwise concludes the inquiry or investigation.

(2)

In subclause (1), 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 7 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 of members of advisory committee set by Commissioner

11A 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 27(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

12 Remuneration and status of advisory committee members

(1)

The Commissioner must pay persons appointed to an advisory committee under section 48 fees for their services, at rates that the Commissioner thinks fit, and may separately reimburse them for expenses reasonably incurred in providing those 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

13 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

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

The Commissioner may incorporate the report required under clause 13 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

15 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, taking the following into account:

(a)

the purpose of the briefing; and

(b)

the issues relating to stewardship of the public service that the Commissioner considers were of significant public interest in the period covered by the briefing.

(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, boards of Crown agents, and Crown agents are upholding the public service principles:

(iii)

public service chief executives, public service agencies, and boards of Crown agents and their 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

16 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.

17 Information to be included in request

A request to the Commissioner under clause 16 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.

18 Approval of access to public service agency

(1)

The Commissioner must approve a request under clause 16 if reasonably satisfied of the matters in clause 17(a) and (b).

(2)

This clause is subject to clause 19.

19 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 16.

(2)

The standards may specify categories of information that cannot be made available under the process in clause 16.

(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 46

1 Term of appointment

(1)

The Commissioner and the 1 or 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—

(a)

the Government Superannuation Fund Act 1956; and

(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 carrying out the functions performing the functions or duties or exercising the powers of the Commissioner under section 45(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 49(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 56(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 and functions, functions, and duties imposed on them by this Act or another enactment; and

(b)

the responsibilities and functions, functions, and duties imposed on the department they lead or carry out some functions for 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 chief executive must not delegate the responsibilities in section 10(2), 11(2), or 12.

(4)

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.

(5)

The following persons only may be a delegate under subclause (1) or a subdelegate under subclause (4):

(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.

(6)

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.

(7)

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

(8)

A delegate under subclause (6) must not subdelegate a delegated function or power.

(9)

A delegation described in subclause (6) must be noted, with a description of an assessment of how effectively the delegated function or power was carried out 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.

(10)

A delegate described in subclause (6) must comply (in the same way as a delegate or subdelegate described in subclause (5) 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.

(11)

Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom a function is any functions or powers are delegated or subdelegated may carry out that function 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.

(12)

The power to delegate or subdelegate—

(a)

is subject to any prohibitions, restrictions, or conditions contained in another 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 another an enactment.

(13)

If a document is used to inform a person of an action taken by a delegate described in subclause (6), 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.

(14)

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.

(15)

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.

(16)

A delegation or subdelegation does not affect or prevent the carrying out of a function 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 the Official Information Act 1982 to certain delegates

(1)

Information held by a delegate described in clause 2(6) as a result of carrying out a delegated function 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 carrying out a delegated function 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 it a delegation, or the person who subdelegated a function or power under clause 2(4), ceases to hold office, or is absent from duty, it continues to have effect as if made by that chief executive’s successor or the person acting for the chief executive.

(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 another 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 another an enactment.

(5)

Subject to any general or special directions given or conditions imposed by the Minister, a chief executive may carry out 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 carrying out 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 and responsibilities Functions, responsibilities, duties, and powers under other Acts

7 Functions and responsibilities Functions, responsibilities, duties, and powers under other Acts

The functions and responsibilities 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)

is to provide information in the public domain about medium and long-term trends, risks, and opportunities that affect or may affect New Zealand and New Zealand society:

(b)

is not to express either agreement or disagreement with any particular policy or policy option.

(b)

information and impartial analysis, including policy options for responding to matters in the categories referred to in paragraph (a).

(2A)

A briefing may set out the strengths and weaknesses of policy options but without indicating a preference for a particular policy option.

(3)

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.

(4)

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.

(5)

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.

(6)

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 56(2)

1 Commissioner has rights, powers, and duties of and functions as employer

The Commissioner has all the rights and functions 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.

(6A)

The panel must undertake those functions having regard to the requirements in this Act relating to merit-based appointments and diversity and inclusiveness.

(7)

After the deliberations of the panel, the chairperson must decide which applicant is to be recommended to the Minister for appointment.

(8)

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.

(9)

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.

(10)

The Minister must refer the chairperson’s recommendations to the Governor- General in Council.

(11)

The Governor-General in Council must decide whether the chairperson’s recommendation is to be accepted or declined.

(12)

The Minister must inform the chairperson whether the chairperson’s recommendation has been accepted or declined.

(13)

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.

(14)

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 (13) 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(10) to (13) applies to the recommendation (with any necessary modifications) as if it were a recommendation under clause 3(9).

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 (8) and must publicly announce the appointment.

(3)

Clauses 3(9) to (14) 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(10) to (13) applies to the recommendation (with any necessary modifications) as if it were a recommendation under clause 3(9).

(3)

Clause 3(9) to (14) 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.

(4A)

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.

(5)

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 of State Services 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 carried out performed or exercised by another public service chief executive, or any person, appointed by the Commissioner to carry them out 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 carry out the functions 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 82 84

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 employees on fixed-term employment agreements 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 of employees on fixed-term employment agreements 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 or an employee to undergo a medical examination.

(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 71 in relation to the applicant if the applicant becomes an employee.

(1A)

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 71 in relation to the employee.

(1B)

The request must be in writing and state the relevant purpose or purposes described in subclause (1) or (1A) for which the request is made.

(2)

The chief executive or board may nominate a medical practitioner to undertake the examination.

(3)

The department or interdepartmental venture must pay for the examination.

(4)

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

Transfer of employees between public service agencies and Crown entities

7 Application of employee provisions to transfers of functions between Crown entities and public service agencies

(1)

This clause and clauses 8 and 9 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.

(2)

The provisions apply subject to the modifications specified clauses 8 and 9 and all other necessary modifications.

Compare: 1988 No 20 s 61B

8 Restriction of redundancy payments and application of collective agreements

Section 87(1) (which relates to restrictions on redundancy payments) applies

(a)

as if a reference to a public service employee were a reference to an employee of a Crown entity, department, or interdepartmental venture; and

(b)

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.

Compare: 1988 No 20 s 61B(1)(a)

9 Provisions relating to reorganisations

(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 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), (6), and (7) of Schedule 9 applies 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.

(3)

Clause 3(3) and (4) of Schedule 9 applies as if a reference to the chief executive or board 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 are being transferred.

Compare: 1988 No 20 s 61B(1)(b)

10 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 of department or interdepartmental venture A before a transfer of functions from department or interdepartmental venture A to department or interdepartmental venture B and that, as a consequence of clauses 2 and 5 of Schedule 9, binds the chief executive of department or interdepartmental venture B after that transfer of functions (collective agreement A); or

(b)

binds the chief executive of department or interdepartmental venture B before that transfer of functions (collective agreement B).

(2)

After that transfer of functions,

(a)

the only employees of department or interdepartmental venture B who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in department or interdepartmental venture B that has been established (whether or not previously existing in department or interdepartmental venture A) to enable department or interdepartmental venture B to carry out the transferred functions; and

(b)

the only employees of department or interdepartmental venture B who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position 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 75 to 79 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 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 75 to 79 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 10A 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 87(1) and (3) and 88 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)

10A 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

11 Interpretation

In clauses 12 and 13,—

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 within the meaning of section 91A(1) of the Education Act 1989, for the duration of the application period in that section, for

(i)

an institution that is subject to Part 9 of that Act; or

(ii)

a free kindergarten within the meaning of section 348 of that Act; and

(b)

means the chief executive of the Ministry (as defined in section 10(1) of the Education and Training Act 2019), for the duration of the application period in that section, in relation to

(i)

a State school (as defined in section 10(1) and (5)(b) of that Act); or

(ii)

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

12 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

13 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 106

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 of Agency A to Agency B, 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 106(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 any 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 21(1), 24(1), 31(1), 49(3), or 106(1) or clauses 1 to 4.

Compare: 1988 No 20 s 30L

Schedule 10 Legislative instruments revoked

s 111

State Sector Amendment Act 2013 Commencement Order 2014 (LI 2014/371)

State Sector (Application of Certain Provisions to Transfer of Functions from Canterbury Earthquake Recovery Authority to Ministry of Business, Innovation, and Employment and Land Information New Zealand) Order 2015 (LI 2015/238)

State Sector (Application of Certain Provisions to Transfer of Functions from Department of Internal Affairs to Department of the Prime Minister and Cabinet) Order 2014 (LI 2014/15)

State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Economic Development to Department of Building and Housing) Order 2006 (SR 2006/178)

State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Amendment Order 2012 (SR 2012/55)

State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Amendment Order 2013 (SR 2013/254)

State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2011 (SR 2011/136)

State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Social Development to Ministry of Business, Innovation, and Employment) Order 2016 (LI 2016/4)

State Sector (Cancer Control Agency) Order 2019 (LI 2019/287)

State Sector (Department of Building and Housing) Order 2004 (SR 2004/324)

State Sector (Department of Child, Youth and Family Services) Order 2006 (SR 2006/128)

State Sector (Employee Provisions Applied to Transfer of Functions from Department of Internal Affairs to Department of Building and Housing) Order 2005 (SR 2005/151)

State Sector (Employee Provisions Applied to Transfer of Functions from Early Childhood Development Board to Ministry of Education) Order 2003 (SR 2003/208)

State Sector (Employee Provisions Applied to Transfer of Functions from Land Transport Safety Authority and Transfund to Ministry of Transport) Order 2004 (SR 2004/307)

State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Education to Ministry of Social Development) Order 2008 (SR 2008/135)

State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2004 (SR 2004/360)

State Sector (Employee Provisions Applied to Transfer of Government Technology Services Functions from State Services Commission to Department of Internal Affairs) Order 2009 (SR 2009/72)

State Sector (Employees of Boards of Waihopai School and Ruru Special School) Order 2006 (SR 2006/307)

State Sector (Incorporated Societies) Order 1990 (SR 1990/325)

State Sector (Ministry of Business, Innovation, and Employment) Order 2012 (SR 2012/91)

State Sector (Ministry of Housing and Urban Development) Order 2018 (LI 2018/105)

State Sector (Ministry for Pacific Peoples) Order 2015 (LI 2015/244)

State Sector (Ministry for Primary Industries) Order 2012 (SR 2012/54)

State Sector (Ministry for Primary Industries) Amendment Order 2013 (SR 2013/255)

State Sector (Ministry for Primary Industries) Amendment Order 2016 (LI 2016/123)

State Sector (Ministry of Science and Innovation) Order 2010 (SR 2010/247)

State Sector (Ministry for Women) Order 2015 (LI 2015/245)

State Sector (Ministry of Youth Affairs) Order 2003 (SR 2003/240)

State Sector (New Zealand Food Safety Authority) Order 2010 (SR 2010/93)

State Sector (New Zealand Food Safety Authority) Amendment Order 2011 (SR 2011/95)

State Sector (New Zealand Food Safety Authority) Amendment Order 2013 (SR 2013/256)

State Sector (New Zealand Food Safety Authority) Amendment Order 2016 (LI 2016/124)

State Sector (Office for Māori Crown RelationsTe Arawhiti) Order 2018 (LI 2018/246)

State Sector (Oranga TamarikiMinistry for Children) Order 2017 (LI 2017/300)

State Sector Order 1991 (SR 1991/95)

State Sector Order 1994 (SR 1994/288)

State Sector Order 1995 (SR 1995/28)

State Sector Order 1997 (SR 1997/164)

State Sector Order 2000 (SR 2000/157)

State Sector (Te Kāhui Whakamana Rua Tekau mā IwaPike River Recovery Agency) Order 2017 (LI 2017/292)

Schedule 11 Consequential amendments

s 112

Part 1Amendments to Acts

Adoption Act 1955 (1955 No 93)

In section 2, definition of social worker, paragraphs (a)(i) and (b)(i), replace delete under Part 5 of the State Sector Act 1988” with Part 3 of the Public Service Legislation Act 2019.

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 “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 44D(1)(b), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 44F(1)(b), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 44ZC(1)(g), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 60(3), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 46(9), replace “section 28 of the State Sector Act 1988” with clause 5 of Schedule 6 of the Public Service Legislation Act 2019.

In section 78(2), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 79(1) and (4), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 86, replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

In section 98, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 104(1)(b), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 112N(1)(g), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 140(1)(b), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Animal Welfare Act 1999 (1999 No 142)

In section 123A(3), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 124(8), replace “Public Service for the purposes of the State Sector Act 1988” with “public service for the purposes of the Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 125(2), replace “Public Service for the purposes of the State Sector Act 1988” with “public service for the purposes of the Parts 1 to 6 of the Public Service Legislation Act 2019.

Antarctica (Environmental Protection) Act 1994 (1994 No 119)

In section 40(6), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 5(1), definition of government agency, paragraph (a), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 18(2)(b) and (m)(i), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 42(2)(b), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

Auctioneers Act 2013 (2013 No 148)

In section 19(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

Biosecurity Act 1993 (1993 No 95)

In section 2(1), definition of chief executive, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 2(1), definition of department, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 101(2A), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 102(1A), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 103(5), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 105B(3), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 161(2)(g), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16)

In section 79(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 80(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

Building Act 2004 (2004 No 72)

In section 275B(3), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 310, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 422, replace Sections 60 to 61B and 65 of the State Sector Act 1988 with Sections 71 and 86 and clauses 5 and 8 of Schedule 8 of the Public Service Legislation Act 2019.

Building Societies Act 1965 (1965 No 22)

In section 3, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 4(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 5(4), replace “section 35(11)(a) of the State Sector Act 1988” with clause 3(14)(a) of Schedule 7 of the Public Service Legislation Act 2019.

In section 6(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

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, replace delete under Part 5 of the State Sector Act 1988” with Part 3 of the Public Service Legislation Act 2019.

Charities Act 2005 (2005 No 39)

In section 9(2)(b), replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17)

In Schedule 1, clause 39, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Child Poverty Reduction Act 2018 (2018 No 57)

In section 33(3)(a), replace “section 32 of the State Sector Act 1988” with section 51 50 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

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 Legislation Act 2019.

In section 2(1), definition of employee, replace “section 2 of the State Sector Act 1988” with section 5 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

Civil Defence Emergency Management Act 2002 (2002 No 33)

In section 4, definition of department, replace Schedule 1 of the State Sector Act 1988 with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 4, replace the definition of department with:

department means a public service agency as defined in section 5 of the Public Service Legislation Act 2019

In section 4, definition of State services, replace “section 2 of the State Sector Act 1988” with section 5 of the Public Service Legislation Act 2019.

In section 8(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 11(5), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 11B(5), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019, nothing in clause 2 of Schedule 8.

In section 106(5), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 42 of the Public Service Legislation Act 2019.

In section 17(1), and (1A), (3), and (4), replace “State Services Commissioner” with “Public Service Commissioner” in each place.

In section 22(1) and (3), replace State Services Commission with Public Service Commission.

In section 24, replace “sections 56 and 58 of the State Sector Act 1988” with sections 76 to 78 71 and 72 of the Public Service Legislation Act 2019.

In section 26(2)(b), replace State Services Commissioner with Public Service Commissioner.

In section 28(3), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 8 of the Public Service Legislation Act 2019.

In section 9B(2), replace “Section 41 of the State Sector Act 1988” with Clause 2 Clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

In section 17A(7), replace “section 2 of the State Sector Act 1988” with section 5 of the Public Service Legislation Act 2019.

Replace section 50(1)(b)(i) with:

(i)

a department of the public service listed in Part 1 of Schedule 2 of the Public Service Legislation Act 2019; 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 Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 161(1)(b), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 270(1)(b), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Commerce Act 1986 (1986 No 5)

In section 48, definition of department, replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 358(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Conservation Act 1987 (1987 No 65)

In section 6P(9), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 26G, replace “sections 56 and 58 of the State Sector Act 1988” with sections 76 to 78 71 and 72 of the Public Service Legislation Act 2019.

In section 26T(2), replace “sections 56 and 58 of the State Sector Act 1988” with sections 76 to 78 71 and 72 of the Public Service Legislation Act 2019.

In section 52, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 54(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 54(3)(b), replace “State Services Commission” with “Public Service Commission”.

In section 55, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 57(3)(c) and (4), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 58(6)(b), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 59(1) and (7), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Copyright Act 1994 (1994 No 143)

In section 206(4), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 8 of the Public Service Legislation Act 2019).

In section 10, replace “sections 41 and 42 of the State Sector Act 1988” with clauses 2 and to 4 of Schedule 6 of the Public Service Legislation Act 2019.

In section 11(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 17(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 19A(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 24(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 27(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 120(3), replace Schedule 1 of the State Sector Act 1988 with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

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).

In section 120, after subsection (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 Legislation Act 2019:

(b)

if the recording referred to in subsection (3) is held by a departmental agency or interdepartmental executive board (within the meaning of those terms in the section 5 of the Public Service Legislation Act 2019), 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 72 and 73 71 and 72 of the Public Service Legislation Act 2019 (which relate to good employer and equal employment polices).

In section 172(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 179, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 179E(6)(b), replace “section 86 of the State Sector Act 1988” with section 104 of the Public Service Legislation Act 2019.

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 72 and 73 71 and 72(2) of the Public Service Legislation Act 2019 (which relate to good employer and equal employment polices).

In section 199AA(1), replace “sections 41 and 42 of the State Sector Act 1988” with clauses 2 and to 4 of Schedule 6 of the Public Service Legislation Act 2019.

In section 199AB(1), replace “sections 41 and 42 of the State Sector Act 1988” with clauses 2 and to 4 of Schedule 6 of the Public Service Legislation Act 2019.

In section 199A, replace “sections 41 and 42 of the State Sector Act 1988” with clauses 2 and to 4 of Schedule 6 of the Public Service Legislation Act 2019.

In section 199E(1)(a) and (b) and (2), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Court Martial Appeals Act 1953 (1953 No 100)

In section 5(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 5(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 6(3), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 7(1)(e), replace “sections 56(1), 56(2), 58(1), and 58(3) of the State Sector Act 1988” with sections 76 to 78 71 and 72(2) of the Public Service Legislation Act 2019.

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 Legislation Act 2019

In section 99, definition of official, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 88(1)(a)(ii), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7)

In section 4, definition of government department, replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

Crown Entities Act 2004 (2004 No 115)

In section 4(1)(d), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 27(3), replace “section 28 of the State Sector Act 1988” with clause 5 of Schedule 6 of the Public Service Legislation Act 2019.

In section 88(4), replace “section 28 of the State Sector Act 1988” with clause 5 of Schedule 6 of the Public Service Legislation Act 2019.

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 11 to 13 of Schedule 8 of the Public Service Legislation Act 2019.

In section 119(1), replace “sections 84 to 84B of the State Sector Act 1988” with clauses 11 to 13 of Schedule 8 of the Public Service Legislation Act 2019.

In section 119(2), replace “Sections 84 to 84B of the State Sector Act 1988” with clauses 11 to 13 of Schedule 8 of the Public Service Legislation Act 2019.

In section 132(2), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 181(1), replace “State Services Commission” with “Public Service Commission”.

In section 184(3) 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 Legislation Act 2019, clauses 11 to 13 of Schedule 8.

In Schedule 4, item relating to section 119, replace “State Sector Act 1988, ss 84–84B” with Public Service Legislation Act 2019, clauses 11 to 13 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 Legislation Act 2019.

In section 6(2), replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

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 of the public service named in Part 1 of Schedule 2 of the Public Service Legislation Act 2019department as defined in section 5 of the Public Service Legislation Act 2019.

In section 10(1)(b)(vi), replace “section 9 or section 10 of the State Sector Act 1988” with clauses 2 and 3 of Schedule 3 of the Public Service Legislation Act 2019.

Crown Pastoral Land Act 1998 (1998 No 65)

In section 23M, replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 6(4A)(b), replace “section 86” with section 104 of the Public Service Legislation Act 2019.

Crown Research Institutes Act 1992 (1992 No 47)

In section 39(1), replace “section 61A of the State Sector Act 1988” with section 87 of the Public Service Legislation Act 2019.

Customs and Excise Act 2018 (2018 No 4)

In section 5(1), replace the definition of Public Service with:

public service has the meaning given to that term in section 8 of the Public Service Legislation Act 2019

In section 304, definition of government agency, paragraph (a), replace Schedule 1 of the State Sector Act 1988 with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

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 Legislation Act 2019), 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 Parts 1 to 6 of the Public Service Legislation Act 2019.

In Schedule 8, clause 8(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

Designs Act 1953 (1953 No 65)

In section 3(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

District Court Act 2016 (2016 No 49)

In section 4, definition of officer of the court, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 62(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 66(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Education Act 1989 (1989 No 80)

In section 91O(2), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 180(1)(a) and (d), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 194(1), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 198(3), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 204(5), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 325(a)(ii), replace section 32 of the State Sector Act 1988 with section 51 of the Public Service Legislation Act 2019.

In section 387(2)(a)(ii), replace State Services Commissioner with Public Service Commissioner.

In section 387(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 16 of the Public Service Legislation Act 2019.

In section 417(1)(c), replace State Sector Act 1988 with Public Service Legislation Act 2019.

In section 423(4), replace section 28 of the State Sector Act 1988 with clause 5 of Schedule 6 of the Public Service Legislation Act 2019.

In section 463(1), replace State Sector Act 1988 with Public Service Legislation Act 2019.

In section 471(1)(c) and (3), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 475(1) and (2), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In Schedule 1, replace clause 13(4)(c) with:

(c)

section 51 and clause 1 of Schedule 8 of the Public Service Legislation Act 2019.

In Schedule 1, clause 13(5), definition of equivalent position, paragraph (d), replace section 2 of the State Sector Act 1988 with section 5 of the Public Service Legislation Act 2019.

In Schedule 5A, item relation to section 119, replace State Sector Act 1988, sections 84 to 84B with Public Service Legislation Act 2019, clauses 11 to 13 of Schedule 8.

In Schedule 6, clause 6, replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In Schedule 13A, item relating to section 119, replace State Sector Act 1988, sections 84 to 84B with Public Service Legislation Act 2019, clauses 11 to 13 of Schedule 8.

Education and Training Act 2019

In section 123, replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

Replace section 197(1)(c) with:

(c)

the Parts 1 to 6 of the Public Service Legislation Act 2019 applies to a State integrated school as if service in the employment of the school’s board was education service within the meaning of section 10(4) of this Act.

In section 260(a) and (d), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 264(1), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 435(a)(ii), replace section 32 of the State Sector Act 1988 with section 50 of the Public Service Legislation Act 2019.

In section 457(2)(a)(ii), replace State Services with Public Service.

In section 457(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 15 of the Public Service Legislation Act 2019.

In section 553(1), (2)(a), (3), (4), (5)(a), and (6), replace State Services with Public Service.

In the heading to section 554, replace State Services with Public Service.

In section 554(1), (3), (4), and (6), replace State Services with Public Service.

In the heading to section 555, replace State Services with Public Service.

In section 555(1) and (2), replace State Services with Public Service.

In section 556(1), (4)(c), and (5), replace State Services with Public Service.

In the heading to section 557, replace State Services with Public Service.

In section 557(1)(a), (2), (4), and (5), replace State Services with Public Service.

In section 558(1)(b), replace State Services with Public Service.

In the heading to section 559, replace State Services with Public Service.

In section 559(1) and (2), replace State Services with Public Service.

In section 559(3), replace section 23 of the State Sector Act 1988 with clause 5 of Schedule 3 of the Public Service Act 2019.

In section 560, replace State Services with Public Service.

In section 561(1), replace State Services with Public Service.

In section 562(1), (2), (3), (4), (5), replace State Services with Public Service.

In section 565(3)(c),

(a)

replace State Services with Public Service:

(b)

replace section 57 of the State Sector Act 1988 with section 15 of the Public Service Legislation Act 2019.

In section 578(3), replace State Services with Public Service.

In Schedule 1, clause 10(3), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In Schedule 6, clause 46(1), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In Schedule 6, clause 54(1)(c) and (3), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In Schedule 6, clause 58(1) and (2), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

Electoral Act 1993 (1993 No 87)

In section 3(1), definition of public servant, paragraph (b)(i), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 20D(4), replace “section 2 of the State Sector Act 1988” with section 5 of the Public Service Legislation Act 2019.

In section 33(5), replace “section 40(1) of the State Sector Act 1988” with clause 9(1) and (2) to (3) of Schedule 7 of the Public Service Legislation Act 2019.

In section 33(8), replace “section 41(1) of the State Sector Act 1988” with clause 2(2) clause 2(1) and (2) of Schedule 6 of the Public Service Legislation Act 2019.

In section 52(1)(a)(ii), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 158(5), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Electricity Act 1992 (1992 No 122)

In section 40(8), replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

In section 151(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In Schedule 2, clause 14, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 50(7), replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

Employment Relations Act 2000 (2000 No 24)

In section 69L(2), replace section 77HA of the State Sector Act 1988 with section 85 of the Public Service Legislation Act 2019.

Replace section 137(1)(a)(v) and (vi) with:

(v)

section 76 and section 77 of the Public Service Legislation Act 2019; or

(vi)

sections 78 to 81 of the Public Service Legislation Act 2019; or

In section 194(1), replace Parts 5, 6, 7, or 7A of the State Sector Act 1988 with sections 79 to 83 of the Public Service Legislation Act 2019.

In section 194(3), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

Replace section 236(4)(i) with:

(i)

the Public Service Legislation Act 2019:

In Schedule 1A, paragraph (d), replace Schedule 1 of the State Sector Act 1988 with section 8 of the Public Service Legislation Act 2019.

Employment Relations Act 2000 (2000 No 24)

In section 69L(2), replace section 77HA of the State Sector Act 1988 with section 85 of the Public Service Legislation Act 2019.

Replace section 137(1)(a)(v) and (vi) (as amended by the Education and Training Act 2019) with:

(v)

sections 71 and 72 of the Public Service Legislation Act 2019 and sections 564 and 567 of the Education and Training Act 2019; or

(vi)

sections 75 to 79 of the Public Service Legislation Act 2019 and sections 552 to 563 and 613 of the Education and Training Act 2019; or

In section 194(1) (as amended by the Education and Training Act 2019), replace Parts 5 and 6 of the State Sector Act 1988 with sections 15 to 19, subpart 4 of Part 3, Part 4, and Schedule 8 of the Public Service Legislation Act 2019.

In section 194(3), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

Replace section 236(4)(i) with:

(i)

Parts 1 to 6 of the Public Service Legislation Act 2019:

In Schedule 1A, paragraph (d), replace Schedule 1 of the State Sector Act 1988 with section 8 of the Public Service Legislation Act 2019.

Energy Companies Act 1992 (1992 No 56)

In section 13, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 clause 2 clauses 2 and 3 or 5 of Schedule 6 of the Public Service Legislation Act 2019.

Environment Act 1986 (1986 No 127)

In section 9(5), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 11(4), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 19(3), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 29, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 30, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 33(6), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 22, definition of employment agreement, replace “section 2 of the State Sector Act 1988” with section 5 of the Public Service Legislation Act 2019.

Environmental Reporting Act 2015 (2015 No 87)

In section 4, definition of Government Statistician, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Equal Pay Act 1972 (1972 No 118)

In section 2(1), definition of employee, paragraph (a) replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

Family Court Act 1980 (1980 No 161)

In section 8(1) and (2), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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), replace delete under Part 5 of the State Sector Act 1988” with Part 3 of the Public Service Legislation Act 2019.

Family Violence Act 2018 (2018 No 46)

In section 8, definition of government organisation, paragraph (a), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 65(3)(b), replace delete under Part 5 of the State Sector Act 1988” with Part 3 of the Public Service Legislation Act 2019.

In section 66(4), replace delete under Part 5 of the State Sector Act 1988” with Part 3 of the Public Service Legislation Act 2019.

Films, Videos, and Publications Classification Act 1993 (1993 No 94)

In section 98, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 103(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 104(2), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

Financial Markets Conduct Act 2013 (2013 No 69)

In section 128(2)(a), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In Schedule 1, clause 40(a), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In Schedule 3, clause 3(2)(a), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Financial Service Providers (Registration and Dispute Resolution) Act 2008 (2008 No 97)

In section 7(2)(b), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 35(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 29(2), replace “State Services Commission” with “Public Service Commission”.

In section 166(1)(b), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Replace section 166(1)(c) with:

(c)

a person employed in the public service (within the meaning of the Public Service Legislation Act 2019):

In section 166(1)(c), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

Fisheries Act 1996 (1996 No 88)

In section 196(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 222(2), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 331(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019 in each place.

Food Act 2014 (2014 No 32)

In section 136(1)(b), replace “Public Service listed in Schedule 1 of the State Sector Act 1988” with “public service listed in Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 140(1)(b), replace “Public Service listed in Schedule 1 of the State Sector Act 1988” with “public service listed in Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 162(1)(g), replace “Public Service listed in Schedule 1 of the State Sector Act 1988” with “public service listed in Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 172(2)(c), replace “Public Service listed in Schedule 1 of the State Sector Act 1988” with “public service listed in Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 276(6), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 353(1), replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

In section 401, replace “section 28 of the State Sector Act 1988” with clause 5 of Schedule 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 4(2), replace “section 65 of the State Sector Act 1988” with clause 5 of Schedule 8 of the Public Service Legislation Act 2019.

In section 6(3), replace “section 65 of the State Sector Act 1988” with clause 5 of Schedule 8 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

Friendly Societies and Credit Unions Act 1982 (1982 No 118)

In section 3(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 4(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 6, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Gambling Act 2003 (2003 No 51)

In section 221(8), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 292(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 347(3)(b), replace code of conduct (if any) issued under section 57 of the State Sector Act 1988” with the relevant minimum standards (if any) under section 15 of the Public Service Legislation Act 2019.

Game Animal Council Act 2013 (2013 No 98)

In section 4(1), definition of government department, replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In Schedule 1, clause 2(4), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Gas Act 1992 (1992 No 124)

In section 41(8), replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

Geographical Indications (Wine and Spirits) Registration Act 2006 (2006 No 60)

In section 34(1), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

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 77 and 78 of the Public Service Legislation Act 2019.

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 section 138(4)(d), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

In section 26(5)(b), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 49A, definition of government agency, paragraph (a), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 53(4)(b), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

In section 99(3)(b)(i), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

Health Act 1956 (1956 No 65)

In section 2(1), definition of Director-General, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 69O(4), replace “section 28 of the State Sector Act 1988” with clause 5 of Schedule 6 of the Public Service Legislation Act 2019.

In section 69ZK(4), replace “Public Service for the purposes of the State Sector Act 1988” with “public service for the purposes of the Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 69ZZA(5), replace “section 28 of the State Sector Act 1988” with clause 5 of Schedule 6 of the Public Service Legislation Act 2019.

In section 112C(1), (2), (3), and (4), replace “section 59 of the State Sector Act 1988” with section 67 64 of the Public Service Legislation Act 2019.

In section 112K(8), replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

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 Parts 1 to 6 of the Public Service Legislation Act 2019.

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 Legislation Act 2019.

Health and Safety at Work Act 2015 (2015 No 70)

In section 163(1)(a), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Replace section 163(1)(b) with:

(b)

a person employed in the public service (within the meaning of the Parts 1 to 6 of the Public Service Legislation Act 2019)

In section 163(1)(b), replace State Sector Act 1988 with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 191(3)(a), replace “section 27A of the State Sector Act 1988” with section 5 of the Public Service Legislation Act 2019.

In Schedule 4, clause 2, definition of specified agency, paragraph (d), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26)

In section 97(2)(b), replace “Schedule 1 of the State Sector Act 1988” with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

Home Ownership Savings Act 1974 (1974 No 51)

In section 2(1), definition of Commissioner, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

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 clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76)

In section 137(2), replace section 41 of the State Sector Act 1988 with clause 2 of Schedule 6 of the Public Service Legislation Act 2019.

In section 148, replace State Sector Act 1988 with Public Service Legislation Act 2019.

In section 189(2), replace section 41 of the State Sector Act 1988 with clause 2 of Schedule 6 of the Public Service Legislation Act 2019.

Human Rights Act 1993 (1993 No 82)

In section 15(d), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Human Tissue Act 2008 (2008 No 28)

In section 6, definition of Director-General, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Immigration Act 2009 (2009 No 51)

In section 4, definition of government agency, paragraph (a)(i), replace Schedule 1 of the State Sector Act 1988 with Part 1 of Schedule 2 of the Public Service Legislation Act 2019.

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 Legislation Act 2019; or

In section 7(6), replace “section 40 of the State Sector Act 1988” with clause 9 of Schedule 7 of the Public Service Legislation Act 2019.

Immigration Advisers Licensing Act 2007 (2017 No 15)

In section 34(2)(a), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section 87, replace “section 41 of the State Sector Act 1988” with clause 2 clauses 2 and 3 of Schedule 6 of the Public Service Legislation Act 2019.

In the Schedule, clause 5, replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Income Tax Act 2007 (2007 No 97)

In section MK 2(1)(d)(i), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

In section YA 1, definition of chief executive of the administering department, paragraph (a), replace “State Sector Act 1988” with Parts 1 to 6 of the Public Service Legislation Act 2019.

Industrial and Provident Societies Act 1908 (1908 No 81)