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  • repealed
  • State Sector Act 1988: repealed, on 7 August 2020, by section 132(1) of the Public Service Act 2020 (2020 No 40).

Reprint as at 7 August 2020

Coat of Arms of New Zealand

State Sector Act 1988

Public Act
1988 No 20
Date of assent
30 March 1988
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State Sector Act 1988: repealed, on 7 August 2020, by section 132(1) of the Public Service Act 2020 (2020 No 40).


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Title [Repealed]
1Short Title and commencement
2AStatus of examples
2BTransitional, savings, and related provisions
3State Services Commissioner
4Commissioner to be chief executive of State Services Commission
4ARole of Commissioner
5Duty of Commissioner to act independently
6Functions of Commissioner
7Powers of Commissioner
8Power of Commissioner to conduct inspections and investigations
9Power to obtain information
9AApplication of Inquiries Act 2013
9BCommissioner’s certificate under section 9A(1)
9CInformation privacy principles 6 and 7 do not apply during inquiry or investigation in accordance with section 9A
9DImmunities and privileges of participants in inquiry or investigation in accordance with section 9A
10Power to enter premises
11Functions and powers can be exercised in relation to other State services
12Deputy State Services Commissioner
13Term of office
14Acting Commissioner or acting Deputy Commissioner
15Remuneration and expenses of Commissioner and Deputy Commissioner
16Removal from office
17Vacation of office
18Superannuation rights of Commissioner and Deputy Commissioner
19Annual report
20Power to incorporate annual report of Commission in Commissioner’s annual report
21Advisory committees
22Remuneration of advisory committees
23Delegation of functions or powers
24Revocation of delegations
25Power to summon witnesses [Repealed]
26Fees and expenses in connection with investigation or inquiry [Repealed]
27Public Service defined
27AMeaning of department, host department, and departmental agency
27BRelationship between departments and departmental agencies
28Delegation of functions or powers of appropriate Minister
29Revocation of delegations
30Annual reports of departments [Repealed]
30AAmendment of Schedule 1 and Schedule 1A to reflect reorganisations within Public Service
30BEffect of reorganisations within Public Service on employees
30CApplication of employee provisions to reorganisations between departments [Repealed]
30DApplication of employee provisions to transfers from Crown entities to departments [Repealed]
30ERestriction of compensation for technical redundancy arising from reorganisations [Repealed]
30FReappointment of employees following reorganisations [Repealed]
30GApplication of collective agreements to employees following reorganisations [Repealed]
30HConsequential changes to references to departments or departmental agencies or employees of departments following reorganisations
30IConsequential changes to references to chief executives following reorganisations
30JApplication of consequential changes to references
30KOther saving and transitional matters arising from reorganisations within Public Service
30LEffect of reorganisations within Public Service
31Chief executives
32Principal responsibilities
33Duty to act independently
34Functions, responsibilities, duties, and powers
35Appointment of chief executives
36Reappointment of chief executives
37Appointment and reappointment of Government Statistician
37ATransfer of chief executives
38Conditions of employment of chief executives
39Removal from office
40Acting chief executive
41Delegation of functions or powers
42Revocation of delegations
43Review of performance of chief executive
44Special provisions in relation to certain chief executives
45Application of Labour Relations Act 1987 in respect of chief executives [Repealed]
47Responsibilities of Commissioner
48Responsibilities of chief executives
50Key positions in Public Service
51Appointments to positions in the senior executive service [Repealed]
52Conditions of employment for senior executive service [Repealed]
53Removal from office [Repealed]
54Conditions where person not reappointed [Repealed]
55Training for senior executive service [Repealed]
55ACommissioner’s functions in relation to this subpart
55BGovernment workforce policy
55CGovernment Workforce Policy Statement: process
55DGovernment Workforce Policy Statement: implementation
56General principles
57Commissioner may set minimum standards of integrity and conduct
57AAgencies must comply with minimum standards except in particular circumstances
57BBreaches of minimum standards [Repealed]
57CCommissioner’s powers when setting and enforcing minimum standards [Repealed]
58Equal employment opportunities
59Employees of departments
60Appointments on merit
61Obligation to notify vacancies
61ARestriction of redundancy payments in certain situations
61ABTransitional provision relating to restriction of redundancy payments
61BApplication of employee provisions to transfers of functions between Crown entities and departments
61CUnion coverage where department ceases to be part of Public Service
61DApplication of collective agreements to employees following reorganisations
62Acting appointments
63Evidence of appointments
64Obligation to notify appointments
65Review of appointments
66Certain sections do not apply in relation to ministerial staff
67Application to Public Service of Employment Relations Act 2000
68Negotiation of conditions of employment
69Personal grievances and disputes
70Delegation of Commissioner’s powers
71Compulsory arbitration and agreement not to strike or lock out [Repealed]
72Contravention of agreement not to strike or lock out [Repealed]
73Application of Employment Relations Act 2000 [Repealed]
74Negotiation of conditions of employment [Repealed]
74AACommissioner’s powers when collective agreements are negotiated [Repealed]
74ABBoards of Trustees indemnified by Commissioner [Repealed]
74ACStrikes in schools to be notified [Repealed]
74ADEmployers to notify Commissioner about participation in strikes [Repealed]
74APersonal grievances and disputes [Repealed]
74BDelegation of Commissioner’s powers [Repealed]
74CNegotiation of conditions of employment for employees of tertiary education institutions [Repealed]
74DSenior positions at tertiary education institutions [Repealed]
75Actual conditions of employment [Repealed]
76Offence to attempt to influence employer [Repealed]
77Immunity for education service chief executives and employees [Repealed]
77AAOffence to attempt to influence employer [Repealed]
77ABProtection from liability [Repealed]
77AGeneral principles [Repealed]
77BCode of conduct [Repealed]
77CPerformance of teachers [Repealed]
77DEqual employment opportunities [Repealed]
77EEmployees of institutions [Repealed]
77FDuty to act independently [Repealed]
77GAppointments on merit [Repealed]
77HObligation to notify vacancies [Repealed]
77HARestriction of compensation for technical redundancy arising from closure or merger of schools [Repealed]
77HBAppointment of employees following closure or merger of schools [Repealed]
77IActing appointments [Repealed]
77IAChief executives of institutions [Repealed]
77IBAppointment of chief executive [Repealed]
77ICReappointment of chief executive [Repealed]
77IDConditions of employment of chief executive [Repealed]
77IERemoval from office [Repealed]
77IFActing chief executive [Repealed]
77JAppointments of senior staff [Repealed]
77KConditions of employment of principals [Repealed]
77LConditions of employment of senior staff (other than principals) [Repealed]
77LAConditions of employment of senior staff in universities or technical institutes [Repealed]
77MApplication of Labour Relations Act 1987 in respect of senior positions [Repealed]
78Choice of procedure [Repealed]
79General principles [Repealed]
80Equal employment opportunities [Repealed]
81Amendments to Education Act 1964 [Repealed]
82Medical examinations
84APower to establish superannuation schemes for officers and employees
84BContributions to superannuation schemes
84CObligation to obtain confirmation from Government Actuary that scheme meets requirements [Repealed]
84DContributions to superannuation schemes [Repealed]
85Offence to attempt to influence Commissioner or chief executive
86Immunity for Public Service chief executives and employees
87Amendments to other enactments
88Repeals and transitional provision
90Consequential amendments in relation to repeal of State Services Act 1962 and State Services Conditions of Employment Act 1977
91Transitional provisions for permanent heads [Repealed]
92Transitional provisions for senior executive service [Repealed]
93Transitional provisions in respect of appointments to Public Service
94Identical conditions of employment in respect of State services
95Awards and agreements
96Determinations and orders [Repealed]
97Clauses relating to disputes of rights and personal grievances [Repealed]
98Expiry date of determinations and orders [Repealed]
99Mandatory registration [Repealed]
100Recognition of service organisations as unions [Repealed]
101Union rules [Repealed]
102Deferring operation of sections of the Labour Relations Act 1987 [Repealed]
103Union membership [Repealed]
104Causes of action [Repealed]
105Rights of employees of Public Service [Repealed]
106Application of repealed provisions
107Grading reviews of employees of Public Service [Repealed]
108Appeal rights of employees of Public Service [Repealed]
109Apprenticeships preserved [Repealed]
110Provisions relating to Commission
111General liabilities of Commission
112Savings [Repealed]
Reprint notes
Title [Repealed]

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