State Sector Act 1988

Before its repeal, this Act was administered by: State Services Commission

repealed
State Sector Act 1988: repealed, on 7 August 2020, by section 132(1) of the Public Service Act 2020 (2020 No 40).

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Reprint as at 7 August 2020

State Sector Act 1988

Public Act		1988 No 20
Date of assent		30 March 1988
Commencement		see section 1(2)

State Sector Act 1988: repealed, on 7 August 2020, by section 132(1) of the Public Service Act 2020 (2020 No 40).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the State Services Commission.

	Title [Repealed]
1	Short Title and commencement
1A	Purpose
2	Interpretation
2A	Status of examples
2B	Transitional, savings, and related provisions
	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
9A	Application of Inquiries Act 2013
9B	Commissioner’s certificate under section 9A(1)
9C	Information privacy principles 6 and 7 do not apply during inquiry or investigation in accordance with section 9A
9D	Immunities and privileges of participants in inquiry or investigation in accordance with section 9A
10	Power to enter premises
11	Functions and powers can be exercised in relation to 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25	Power to summon witnesses [Repealed]
26	Fees and expenses in connection with investigation or inquiry [Repealed]
	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 [Repealed]
57C	Commissioner’s powers when setting and enforcing minimum standards [Repealed]
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 [Repealed]
73	Application of Employment Relations Act 2000 [Repealed]
74	Negotiation of conditions of employment [Repealed]
74AA	Commissioner’s powers when collective agreements are negotiated [Repealed]
74AB	Boards of Trustees indemnified by Commissioner [Repealed]
74AC	Strikes in schools to be notified [Repealed]
74AD	Employers to notify Commissioner about participation in strikes [Repealed]
74A	Personal grievances and disputes [Repealed]
74B	Delegation of Commissioner’s powers [Repealed]
74C	Negotiation of conditions of employment for employees of tertiary education institutions [Repealed]
74D	Senior positions at tertiary education institutions [Repealed]
75	Actual conditions of employment [Repealed]
76	Offence to attempt to influence employer [Repealed]
77	Immunity for education service chief executives and employees [Repealed]
77AA	Offence to attempt to influence employer [Repealed]
77AB	Protection from liability [Repealed]
	Part 7A Personnel provisions in relation to education service [Repealed]
77A	General principles [Repealed]
77B	Code of conduct [Repealed]
77C	Performance of teachers [Repealed]
77D	Equal employment opportunities [Repealed]
77E	Employees of institutions [Repealed]
77F	Duty to act independently [Repealed]
77G	Appointments on merit [Repealed]
77H	Obligation to notify vacancies [Repealed]
77HA	Restriction of compensation for technical redundancy arising from closure or merger of schools [Repealed]
77HB	Appointment of employees following closure or merger of schools [Repealed]
77I	Acting appointments [Repealed]
	Part 7B Senior appointments in education service [Repealed]
77IA	Chief executives of institutions [Repealed]
77IB	Appointment of chief executive [Repealed]
77IC	Reappointment of chief executive [Repealed]
77ID	Conditions of employment of chief executive [Repealed]
77IE	Removal from office [Repealed]
77IF	Acting chief executive [Repealed]
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 [Repealed]
97	Clauses relating to disputes of rights and personal grievances [Repealed]
98	Expiry date of determinations and orders [Repealed]
99	Mandatory registration [Repealed]
100	Recognition of service organisations as unions [Repealed]
101	Union rules [Repealed]
102	Deferring operation of sections of the Labour Relations Act 1987 [Repealed]
103	Union membership [Repealed]
104	Causes of action [Repealed]
105	Rights of employees of Public Service [Repealed]
106	Application of repealed provisions
107	Grading reviews of employees of Public Service [Repealed]
108	Appeal rights of employees of Public Service [Repealed]
109	Apprenticeships preserved [Repealed]
110	Provisions relating to Commission
111	General liabilities of Commission
112	Savings [Repealed]
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Departments of the Public Service
	Schedule 1A Departmental agencies and their host departments
	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 (Ministry for Primary Industries) Order 2012
	State Sector (Ministry of Business, Innovation, and Employment) Order 2012
	State Sector (Ministry for Pacific Peoples) Order 2015
	State Sector (Ministry for Women) Order 2015
	State Sector (Ministry of Housing and Urban Development) Order 2018
	Reprint notes

Title [Repealed]

Title: repealed, on 18 July 2013, by section 4 of the State Sector Amendment Act 2013 (2013 No 49).

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State Sector Act 1988

State Sector Act 1988

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