State Sector Act 1988

  • repealed
  • State Sector Act 1988: repealed, on 7 August 2020, by section 132(1) of the Public Service Act 2020 (2020 No 40).
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 has the same meaning as in section 10(7) of the Education and Training Act 2020

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]

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)

includes organisations named or described in Schedule 4, and companies named in Schedule 4A, of the Public Finance Act 1989; and

(ac)
[Repealed]

(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 has the same meaning as institution in section 10(1) of the Education and Training Act 2020

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: replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

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: repealed, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

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 (aba): amended, on 17 December 2016, by section 106(1) of the Statutes Amendment Act 2016 (2016 No 104).

Section 2 State services paragraph (ac): repealed, on 17 December 2016, by section 106(2) of the Statutes Amendment Act 2016 (2016 No 104).

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: replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

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).