State Sector Act 1988

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2 Interpretation

  • In this Act, unless the context otherwise requires,—

    agency does not include an agency in the private sector

    applicable collective agreement means the collective agreement that is binding on the relevant union and employer, at the relevant point of time in relation to an employee of the employer who is a member of the union

    appropriate Minister, in relation to a department or departmental agency, means—

    • (a) the Minister responsible for the department or departmental agency; or

    • (b) where 2 or more Ministers are responsible for different functions of a department or departmental agency, the Minister responsible for the relevant function of the department or departmental agency

    chief executive,—

    • (a) in relation to a department, means, subject to section 44, the person holding office under section 31, as the chief executive of the department:

    • (aa) in relation to a departmental agency, means the person holding office under section 31 as the chief executive of the departmental agency:

    • (b) in relation to a tertiary education institution, means the person appointed as the chief executive of the institution

    collective agreement means an employment agreement that is binding on 1 or more employers and 2 or more employees

    Commission means the State Services Commission

    Commissioner means the State Services Commissioner appointed under section 3

    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 entity has the meaning given to it by section 7 of the Crown Entities Act 2004

    Crown Research Institute means a Crown Research Institute formed under the Crown Research Institutes Act 1992, or a Crown entity subsidiary of a Crown Research Institute (within the meaning of Part 1 of the Crown Entities Act 2004)

    department has the meaning given to it by section 27A

    departmental agency has the meaning given to it by section 27A

    Deputy Commissioner means the Deputy State Services Commissioner appointed under section 12

    education service means—

    • (a) service in the employment of—

      • (i) any State school; or

      • (iii) any tertiary education institution; or

      • (iv) any other educational institution for which a separate employer for the purposes of this Act is designated by any enactment or by the Minister:

    • (b) service as a registered teacher in the employment of any free kindergarten association that controls a free kindergarten within the meaning of section 120 of the Education Act 1989:

    • (c) service as a teacher in the employment of the Secretary under section 91N of the Education Act 1989

    employee, in relation to the State services,—

    • (a) means an employee in any part of the State services, whether paid by salary, wages, or otherwise; but

    • (b) does not include any chief executive

      • (i) [Repealed]

      • (ii) [Repealed]

    employer,—

    • (a) in relation to any institution that is subject to Part 9 of the Education Act 1989, means—

      • (i) the Board of Trustees; or

      • (ii) where a Commissioner has been appointed under the Education Act 1989 to act in place of the Board of Trustees, that Commissioner:

    • (b) in relation to any free kindergarten within the meaning of section 120 of the Education Act 1989, means the free kindergarten association by which that free kindergarten is controlled:

    • (c) in relation to any tertiary education institution, means the chief executive of that institution:

    • (d) in relation to any other institution, means—

      • (i) the person or body designated by any enactment as the employer for the purposes of this Act in respect of that institution; and

      • (ii) where no such person or body is so designated, means any person or body designated for that purpose by the Minister:

    • (e) in relation to the employment of a person as a teacher under section 91N of the Education Act 1989, means the Secretary (as defined in section 2(1) of that Act)

    employment agreement means a contract of service

    host department has the meaning given to it by section 27A

    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

    key position has the meaning given to it in section 50(2)

    lockout has the meaning given to it by section 82 of the Employment Relations Act 2000

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

    Minister means the Minister of State Services

    ministerial staff means employees (including acting, temporary, or casual employees) who are employed on events-based employment agreements—

    • (a) by the department 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 department

    Example

    The Hon Honour Able's ministerial staff includes 1 Senior Private Secretary, 1 Ministerial Secretary, 1 Ministerial Adviser, 1 Press Secretary, and 1 Private Secretary.

    An event that could terminate the staff's events-based agreement is Minister Able no longer holding her Ministerial portfolio.

    outcome—

    • (a) means a state or condition of society, the economy, or the environment; and

    • (b) includes a change in that state or condition

    Public Service means the Public Service as defined in section 27

    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 Government of New Zealand, whether departments, corporations, agencies, or other instruments; and

    • (ab) includes a Crown entity; and

    • (aba) organisations named or described in Schedule 4, and companies named in Schedule 4A, of the Public Finance Act 1989; and

    • (ac) includes a Crown Research Institute; and

    • (b) includes the education service; but

    • (c) does not include—

      • (i) the Governor-General; or

      • (ii) any member of the Executive Council; or

      • (iii) any Minister of the Crown; or

      • (iv) any member of Parliament; or

      • (v) any corporation listed in Schedule 1 of the State-Owned Enterprises Act 1986; or

      • (vi) any tertiary education institution

    stewardship means active planning and management of medium- and long-term interests, along with associated advice

    strike has the meaning given to it by section 81 of the Employment Relations Act 2000

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

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

    Section 2: substituted, on 15 May 1991, by section 2(1) of the State Sector Amendment Act 1991 (1991 No 31).

    Section 2 agency: inserted, on 25 January 2005, by section 4(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 applicable collective agreement: inserted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 applicable collective employment contract: repealed, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 appropriate Minister: amended, on 18 July 2013, by section 6(1) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 appropriate Minister paragraph (a): amended, on 18 July 2013, by section 6(1) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 appropriate Minister paragraph (b): amended, on 18 July 2013, by section 6(1) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 chief executive paragraph (aa): inserted, on 18 July 2013, by section 6(2) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 chief executive paragraph (b): amended, on 25 January 2005, pursuant to section 17(b) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 collective agreement: inserted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 collective employment contract: repealed, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 college of education: repealed, on 25 January 2005, by section 17(a) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 Crown entity: replaced, on 18 July 2013, by section 6(3) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 Crown Research Institute: inserted, on 25 January 2005, by section 4(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 department: replaced, on 18 July 2013, by section 6(4) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 departmental agency: inserted, on 18 July 2013, by section 6(7) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 education service: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 education service paragraph (a)(iii): amended, on 25 January 2005, pursuant to section 17(b) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 education service paragraph (b): amended, on 1 February 2002, by section 83 of the Education Standards Act 2001 (2001 No 88).

    Section 2 education service paragraph (c): added, on 1 February 2002, by section 83 of the Education Standards Act 2001 (2001 No 88).

    Section 2 employee paragraph (b): amended, on 18 July 2013, by section 6(5)(a) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 employee paragraph (b)(i): repealed, on 18 July 2013, by section 6(5)(b) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 employee paragraph (b)(ii): repealed, on 25 January 2005, by section 19(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 employer paragraph (a)(ii): amended, on 22 October 2003, by section 3 of the State Sector Amendment Act (No 2) 2003 (2003 No 98).

    Section 2 employer paragraph (b): substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 employer paragraph (b): amended, on 1 February 2002, by section 83 of the Education Standards Act 2001 (2001 No 88).

    Section 2 employer paragraph (c): amended, on 25 January 2005, pursuant to section 17(b) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 employer paragraph (e): added, on 1 February 2002, by section 83 of the Education Standards Act 2001 (2001 No 88).

    Section 2 employment agreement: inserted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 employment contract: repealed, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 health service: repealed, on 1 January 2001, by section 108(a) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Section 2 host department: inserted, on 18 July 2013, by section 6(7) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 individual employment agreement: inserted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 individual employment contract: repealed, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 key position: inserted, on 18 July 2013, by section 6(7) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 lockout: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 2 ministerial staff: inserted, on 18 July 2013, by section 6(7) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 outcome: inserted, on 18 July 2013, by section 6(7) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 polytechnic: repealed, on 25 January 2005, by section 17(a) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 senior executive service: repealed, on 25 January 2005, by section 19(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 State services paragraph (ab): inserted, on 25 January 2005, by section 4(3) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 State services paragraph (aba): inserted, on 18 July 2013, by section 6(6) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 State services paragraph (ac): inserted, on 25 January 2005, by section 4(3) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 State services paragraph (b): amended, on 1 January 2001, by section 108(b) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Section 2 State services paragraph (c)(vi): substituted, on 25 January 2005, by section 4(4) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 stewardship: inserted, on 18 July 2013, by section 6(7) of the State Sector Amendment Act 2013 (2013 No 49).

    Section 2 strike: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 tertiary education institution: inserted, on 25 January 2005, by section 4(5) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 2 union: inserted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 2 university: repealed, on 25 January 2005, by section 17(a) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).