There is hereby established in and for Western Samoa an Executive Council, to be called the Executive Council of Western Samoa.

The Executive Council shall consist of—

The appointed members of the Executive Council shall hold office during the pleasure of the High Commissioner.

The Executive Council shall meet at such times and places as the High Commissioner appoints in that behalf.

The procedure of the Executive Council shall be determined from time to time by the High Commissioner, who shall preside over all meetings of the Council.

The functions of the Executive Council shall be to confer with and advise the High Commissioner on the forming, determining, and implementing of the policy of the Government of Western Samoa:

“Provided that the High Commissioner shall not be bound to accept the advice of the Executive Council on any matter.

Where all the members for the time being of the Council of State are also members of the Executive Council, any member of the Council of State may require that any matter arising for discussion in the Executive Council which is also within the competence of the Council of State shall be referred to the Council of State, and thereupon, unless the High Commissioner otherwise directs, it shall not be competent for the Executive Council to consider the matter until the Council of State has advised upon it.”

For the purposes of this section the expression ‘New Zealand controlling authority’ means, in respect of a person employed in any branch of the New Zealand Government Service to which the Public Service Act 1912 applies or the Cook Islands Public Service, the New Zealand Public Service Commission, and, in respect of a person employed in any other branch of the New Zealand Government Service, the Minister in charge of that branch.

Any person permanently employed in the New Zealand Government Service may, with the consent of the New Zealand controlling authority, be appointed to any position in the Western Samoan Public Service in all respects as if he were an officer thereof; but, until he is appointed to a position in the Western Samoan Public Service, no such person shall have any right of appeal against any determination of the Public Service Commissioner in relation to any appointment, promotion, or transfer in or to the Western Samoan Public Service.

Any person so appointed may hold positions concurrently in both services, and in such a case his status, rights, and liabilities in each service shall be unaffected by the fact that he holds a position in the other service; and in respect of each position he shall be subject to the laws governing the service to which that position belongs irrespective of his tenure of a position in the other service; and he shall in respect of each service be qualified for promotion, increase of salary, and appointment to any other position as if he held no position in the other service.

So long as any person so holds positions concurrently in both services he shall be deemed to be absent on leave without pay from the New Zealand Government Service unless the New Zealand controlling authority otherwise directs.

When any person permanently employed in the New Zealand Government Service is appointed to a position in the Western Samoan Public Service, and then or thereafter ceases to hold a position in the New Zealand Government Service, he shall not be deemed for that reason to have retired from the New Zealand Government Service, but shall become a supernumerary employee of that service, and, unless he sooner resigns from the New Zealand Government Service, shall so remain until he ceases to be employed in the Western Samoan Public Service and for such further period, not exceeding six months, as the New Zealand controlling authority may from time to time in any case allow. A supernumerary employee shall receive no pay in respect of the New Zealand Government Service, but shall for all other purposes be deemed to remain an employee of that service.

While any person holds positions concurrently in both services, or is a supernumerary employee of the New Zealand Government Service in accordance with the provisions of the last preceding subsection, and is a contributor to the Government Superannuation Fund, the salary together with increments, if any, that in the opinion of the New Zealand controlling authority he would have been entitled to receive in respect of his employment in the New Zealand Government Service had he not been appointed to the Western Samoan Public Service shall be deemed to be his salary for the purposes of the Superannuation Act 1947:

“Provided that, when any such person has held a position in the Western Samoan Public Service for a continuous period of six years, he may, at any time after the expiration of that period while he still holds a position in the Western Samoan Public Service, or within one year after returning to employment in the New Zealand Government Service, elect to contribute on the salary received by him in respect of his employment in the Western Samoan Public Service (exclusive of any special allowance received by him in respect of his residence in Western Samoa) with effect from the date of his appointment to the last-mentioned service, and upon any such election there shall be payable by him to the Fund, within such time and in such manner as the Government Superannuation Board may allow in that behalf, such sum as the Board may fix in respect of the excess of his salary during that period as an employee of the Western Samoan Public Service over the amount deemed to be his salary during that period under the foregoing provisions of this subsection.

Any officer employed in the Western Samoan Public Service shall be eligible for appointment to any position in the New Zealand Government Service in all respects as if he were permanently employed therein, and both positions may be held by him concurrently; but, until he is appointed to a position in the New Zealand Government Service, no such person shall have any right of appeal against any determination in relation to any employment, promotion, or transfer in the New Zealand Government Service. For the purposes of this subsection the seniority of any such person shall be determined with reference to his grading (if any) in the New Zealand Government Service.

So long as any person holds positions concurrently in both services under the last preceding subsection he shall be deemed to be absent on leave without pay from the Western Samoan Public Service.

The Public Service Commissioner may, with the consent of the New Zealand controlling authority, second any employee of the Western Samoan Public Service to the New Zealand Government Service for training, and during the period of his service in New Zealand that employee shall be paid such salary and allowances as may be determined by the New Zealand controlling authority.

While any person holds positions concurrently in both services under subsection seven of this section or is seconded to the New Zealand Government Service under subsection nine of this section, the salary together with increments, if any, that in the opinion of the Public Service Commissioner he would have been entitled to receive in respect of his employment in the Western Samoan Public Service had he not been appointed to a position in or been seconded to the New Zealand Government Service shall be deemed to be his salary for the purposes of the Superannuation Act 1947.”