117 Employment of chief executive

(1)

A chief executive of a statutory entity is appointed for a term of not more than 5 years, but may be reappointed.

(2)

The terms and conditions of employment of a chief executive of a statutory entity appointed by its board must be determined by agreement between the board and the chief executive.

(2A)

However, the board must obtain the written consent of the Public Service Commissioner before—

(a)

finalising the terms and conditions; or

(b)

amending any or all of the terms and conditions once they have been finalised.

(2B)

When considering the terms and conditions of a chief executive, the Public Service Commissioner must have regard to the following (among any other relevant factors):

(a)

the legal, commercial, and operational context of the entity:

(b)

any information provided by the board, which might include, for example, the board’s advice about a person’s knowledge, skills, experience, and performance:

(c)

the public interest in prudent stewardship of public resources:

(d)

Government expectations:

(e)

relevant market information.

(2C)

The Public Service Commissioner must provide reasons for refusing consent to any proposed terms and conditions.

(2D)

The Public Service Commissioner must provide the boards of statutory entities with advice and guidance on the terms and conditions of employment of chief executives of entities.

(3)

A failure to comply with this section does not invalidate the acts of a chief executive of an entity.

Section 117(1): replaced, on 31 October 2018, by section 5 of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 117(2): replaced, on 31 October 2018, by section 5 of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 117(2A): inserted, on 31 October 2018, by section 5 of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 117(2A): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 117(2B): inserted, on 31 October 2018, by section 5 of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 117(2B): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 117(2C): inserted, on 31 October 2018, by section 5 of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 117(2C): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 117(2D): inserted, on 31 October 2018, by section 5 of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 117(2D): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).