Title [Repealed]
1 Short Title and commencement
1A Purpose
2 Interpretation
2A Status of examples
Part 1
State Services Commissioner
3 State Services Commissioner
Role, functions, duties, and powers of Commissioner
4 Commissioner to be chief executive of State Services Commission
4A Role of Commissioner
5 Duty of Commissioner to act independently
6 Functions of Commissioner
7 Powers of Commissioner
8 Power of Commissioner to conduct inspections and investigations
9 Power to obtain information
10 Power to enter premises
11 Exercise of functions and powers in respect of other State services
12 Deputy State Services Commissioner
13 Term of office
14 Acting Commissioner or acting Deputy Commissioner
15 Remuneration and expenses of Commissioner and Deputy Commissioner
16 Removal from office
17 Vacation of office
18 Superannuation rights of Commissioner and Deputy Commissioner
19 Annual report
20 Power to incorporate annual report of Commission in Commissioner's annual report
21 Advisory committees
22 Remuneration of advisory committees
23 Delegation of functions or powers
24 Revocation of delegations
25 Power to summon witnesses
26 Fees and expenses in connection with investigation or inquiry
Part 2
The Public Service
27 Public Service defined
27A Meaning of department, host department, and departmental agency
27B Relationship between departments and departmental agencies
28 Delegation of functions or powers of appropriate Minister
29 Revocation of delegations
30 Annual reports of departments [Repealed]
30A Amendment of Schedule 1 and Schedule 1A to reflect reorganisations within Public Service
30B Effect of reorganisations within Public Service on employees
30C Application of employee provisions to reorganisations between departments [Repealed]
30D Application of employee provisions to transfers from Crown entities to departments [Repealed]
30E Restriction of compensation for technical redundancy arising from reorganisations [Repealed]
30F Reappointment of employees following reorganisations [Repealed]
30G Application of collective agreements to employees following reorganisations [Repealed]
30H Consequential changes to references to departments or departmental agencies or employees of departments following reorganisations
30I Consequential changes to references to chief executives following reorganisations
30J Application of consequential changes to references
30K Other saving and transitional matters arising from reorganisations within Public Service
30L Effect of reorganisations within Public Service
Part 3
Chief executives
31 Chief executives
32 Principal responsibilities
33 Duty to act independently
34 Functions, responsibilities, duties, and powers
35 Appointment of chief executives
36 Reappointment of chief executives
37 Appointment and reappointment of Government Statistician
37A Transfer of chief executives
38 Conditions of employment of chief executives
39 Removal from office
40 Acting chief executive
41 Delegation of functions or powers
42 Revocation of delegations
43 Review of performance of chief executive
44 Special provisions in relation to certain chief executives
45 Application of Labour Relations Act 1987 in respect of chief executives [Repealed]
Part 4
Senior leadership and management capability in Public Service
46 Object
47 Responsibilities of Commissioner
48 Responsibilities of chief executives
49 Secondments
50 Key positions in Public Service
51 Appointments to positions in the senior executive service [Repealed]
52 Conditions of employment for senior executive service [Repealed]
53 Removal from office [Repealed]
54 Conditions where person not reappointed [Repealed]
55 Training for senior executive service [Repealed]
Part 5
Government workforce policy and personnel provisions
Subpart 1—Government workforce policy
55A Commissioner's functions in relation to this subpart
55B Government workforce policy
55C Government Workforce Policy Statement: process
55D Government Workforce Policy Statement: implementation
Subpart 2—Personnel provisions
56 General principles
57 Commissioner may set minimum standards of integrity and conduct
57A Agencies must comply with minimum standards except in particular circumstances
57B Breaches of minimum standards
57C Commissioner's powers when setting and enforcing minimum standards
58 Equal employment opportunities
59 Employees of departments
60 Appointments on merit
61 Obligation to notify vacancies
61A Restriction of redundancy payments in certain situations
61AB Transitional provision relating to restriction of redundancy payments
61B Application of employee provisions to transfers of functions between Crown entities and departments
61C Union coverage where department ceases to be part of Public Service
61D Application of collective agreements to employees following reorganisations
62 Acting appointments
63 Evidence of appointments
64 Obligation to notify appointments
65 Review of appointments
66 Certain sections do not apply in relation to ministerial staff
Part 6
Application of Employment Relations Act 2000
67 Application to Public Service of Employment Relations Act 2000
68 Negotiation of conditions of employment
69 Personal grievances and disputes
70 Delegation of Commissioner's powers
71 Compulsory arbitration and agreement not to strike or lock out [Repealed]
72 Contravention of agreement not to strike or lock out [Repealed]
Part 7
Education service
73 Application of Employment Relations Act 2000
74 Negotiation of conditions of employment
74AA Commissioner's powers when collective agreements are negotiated
74AB Boards of Trustees indemnified by Commissioner
74AC Strikes in schools to be notified
74AD Employers to notify Commissioner about participation in strikes
74A Personal grievances and disputes
74B Delegation of Commissioner's powers
74C Negotiation of conditions of employment for employees of tertiary education institutions
74D Senior positions at tertiary education institutions
75 Actual conditions of employment
76 Offence to attempt to influence employer
77 Immunity for education service chief executives and employees
77AA Offence to attempt to influence employer [Repealed]
77AB Protection from liability [Repealed]
Part 7A
Personnel provisions in relation to education service
77A General principles
77B Code of conduct
77C Performance of teachers
77D Equal employment opportunities
77E Employees of institutions
77F Duty to act independently
77G Appointments on merit
77H Obligation to notify vacancies
77HA Restriction of compensation for technical redundancy arising from closure or merger of schools
77HB Appointment of employees following closure or merger of schools
77I Acting appointments
Part 7B
Senior appointments in education service
77IA Chief executives of institutions
77IB Appointment of chief executive
77IC Reappointment of chief executive
77ID Conditions of employment of chief executive
77IE Removal from office
77IF Acting chief executive
77J Appointments of senior staff [Repealed]
77K Conditions of employment of principals [Repealed]
77L Conditions of employment of senior staff (other than principals) [Repealed]
77LA Conditions of employment of senior staff in universities or technical institutes [Repealed]
77M Application of Labour Relations Act 1987 in respect of senior positions [Repealed]
78 Choice of procedure [Repealed]
79 General principles [Repealed]
80 Equal employment opportunities [Repealed]
81 Amendments to Education Act 1964 [Repealed]
Part 8
Miscellaneous provisions
82 Medical examinations
83 Instructions
Superannuation
84 Interpretation
84A Power to establish superannuation schemes for officers and employees
84B Contributions to superannuation schemes
84C Obligation to obtain confirmation from Government Actuary that scheme meets requirements [Repealed]
84D Contributions to superannuation schemes [Repealed]
85 Offence to attempt to influence Commissioner or chief executive
86 Immunity for Public Service chief executives and employees
87 Amendments to other enactments
88 Repeals and transitional provision
89 Revocations
90 Consequential amendments in relation to repeal of State Services Act 1962 and State Services Conditions of Employment Act 1977
Transitional provisions and savings
91 Transitional provisions for permanent heads [Repealed]
92 Transitional provisions for senior executive service [Repealed]
93 Transitional provisions in respect of appointments to Public Service
94 Identical conditions of employment in respect of State services
95 Awards and agreements
96 Determinations and orders
97 Clauses relating to disputes of rights and personal grievances
98 Expiry date of determinations and orders
99 Mandatory registration
100 Recognition of service organisations as unions
101 Union rules
102 Deferring operation of sections of the Labour Relations Act 1987
103 Union membership
104 Causes of action
105 Rights of employees of Public Service
106 Application of repealed provisions
107 Grading reviews of employees of Public Service
108 Appeal rights of employees of Public Service
109 Apprenticeships preserved
110 Provisions relating to Commission
111 General liabilities of Commission
112 Savings
Schedule 1
Departments of the Public Service
Schedule 1A
Schedule 2
State enterprises
[Repealed]
Schedule 3
Procedure for conciliation and arbitration
[Repealed]
Schedule 4
Final offer arbitration
[Repealed]
Schedule 5
Enactments amended
Schedule 6
Enactments repealed
Schedule 7
Regulations and orders revoked
State Sector Amendment Act (No 2) 2004
State Sector (Ministry for Primary Industries) Order 2012
State Sector (Ministry of Business, Innovation, and Employment) Order 2012
State Sector (Establishment of Canterbury Earthquake Recovery Authority as Departmental Agency) Order 2014
Reprint notes