Public Service Act 2020

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Version as at 16 March 2023

Public Service Act 2020

Public Act		2020 No 40
Date of assent		6 August 2020
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Public Service Commission.

1	Title
2	Commencement
	Part 1 Preliminary provisions
	Subpart 1—Provisions for operation of Act
3	Purposes of this Act
4	Guide to this Act
5	Interpretation
6	References to departments in enactments
7	Circumstances where section 6 does not apply
8	Transitional, savings, and related provisions
9	Act binds the Crown
	Subpart 2—Public service defined, purpose, public service principles, and spirit of service to community
	Public service defined
10	Public service defined
	Purpose, public service principles, and spirit of service to the community
11	Purpose
12	Public service principles
13	Spirit of service to community
	Subpart 3—Crown’s relationships with Māori
14	Crown’s relationships with Māori
15	Who responsibilities are owed to, how these apply, and reporting to Commissioner
	Subpart 4—Public service values, minimum standards of integrity and conduct, and New Zealand Bill of Rights Act 1990
	Public service values and minimum standards of integrity and conduct
16	Public service values
17	Commissioner may set minimum standards of integrity and conduct
18	Agencies must comply with minimum standards unless exception granted
19	Guidance on integrity and conduct
20	Required content of guidance on political neutrality
21	Status of minimum standards and guidance [Repealed]
	New Zealand Bill of Rights Act 1990
22	Rights and freedoms of public service employees
	Part 2 Public service agencies and joint operational agreements
	Subpart 1—Public service agencies
	Departments and departmental agencies
23	Establishment and reorganisations of departments and departmental agencies
24	Functions, duties, and powers and working arrangements of departmental agencies
	Interdepartmental executive boards
25	Purposes
26	Establishment and reorganisations of interdepartmental executive boards
27	Responsibilities, powers, and working arrangements of interdepartmental executive boards
28	Members of board responsible to appropriate Minister
29	Selection of board members and designation of chairperson
30	Limit on role of independent advisers
31	Operating procedures to be published
	Interdepartmental ventures
32	Purposes
33	Establishment and reorganisations of interdepartmental ventures
34	Responsibilities and powers of boards of interdepartmental ventures
35	Members of board responsible to appropriate Minister
36	Members of board and designation of chairperson
37	Operating procedures to be published
	Subpart 2—Joint operational agreements
38	Purpose and effect of joint operational agreements
39	Establishment of joint operational agreements
40	Implementation and limit on enforceability
41	Termination of joint operational agreements
	Part 3 People working in public service
	Subpart 1—Public Service Commission leaders and advisory committees
	Public Service Commissioner and Deputy Public Service Commissioners
42	Public Service Commissioner
43	Commissioner’s role
44	Commissioner’s general functions
45	Duty to act independently when making decisions about public service chief executives
46	Other functions and powers of Commissioner in Schedule 3
47	Deputy Public Service Commissioners
48	Other terms and conditions of appointment in Schedule 4
	Chief executive of Public Service Commission
49	Commissioner is chief executive of Commission
	Advisory committees
50	Advisory committees
	Subpart 2—Public service chief executives, system leaders, and public service leadership team
	Public service chief executives
51	Public service chief executives
52	General responsibilities of chief executives of departments and departmental agencies
53	Functional chief executives
54	Duty to act independently in employment matters
55	Working arrangements between functional chief executives and host departments
	System leaders
56	System leaders
57	Standards and guidance
	Other provisions in schedules
58	Other provisions in Schedules 6 and 7
	Public service leadership team
59	Public service leadership team
60	Purposes of public service leadership team
	Subpart 3—Senior leadership and management capability
61	Commissioner must develop and implement leadership strategy
62	Guidance
63	Responsibilities of chief executives and boards
64	Secondments
	Subpart 4—Public service workforce
	Public service employees
65	Interpretation
66	Public service employees: departments
67	Public service employees: interdepartmental ventures
68	Public service employees: departmental agencies
69	Public service employees: interdepartmental executive boards
70	Ministerial staff
71	Appointments subject to review
72	Appointments on merit
	Good employer requirements
73	Chief executive of department and board of an interdepartmental venture to be good employer
74	Commissioner’s functions include promoting, developing, and monitoring equal employment opportunities
	Promoting diversity and inclusiveness
75	Chief executives and boards to promote diversity and inclusiveness
	Application of Employment Relations Act 2000 to public service
76	Application of Employment Relations Act 2000 to public service
77	Personal grievances and disputes
	Negotiation of collective agreements
78	Negotiation of collective agreements
79	Collective agreements
80	Delegation of Commissioner’s functions and powers to negotiate collective agreements
	Pay equity claims
81	Interpretation
82	Pay equity claims
83	Application of section 13K of Equal Pay Act 1972 where more than 1 department or interdepartmental venture involved in pay equity claim
83A	Commissioner to enter negotiations in consultation with affected department or interdepartmental venture
83B	Pay equity settlement binding on chief executive or board affected
84	Delegation of Commissioner’s functions and powers to negotiate pay equity claim
	Other employment provisions
85	Other employment provisions in Schedule 8
86	Power to transfer employees between public service agencies
87	No redundancy payment for employee transferred under section 86
88	Other restrictions on redundancy payments
89	Certain provisions not to apply in relation to transfer or offer of alternative position
	Employment in public service continuous for purpose of certain enactments
90	Application of section 91
91	Employment in public service continuous for purpose of certain enactments
92	Liability of public service agencies for remediation in relation to application of section 91
93	Further provision in relation to application of section 91 to annual holidays
94	Regulations relating to treatment of employment as continuous under section 91
	Part 4 Government workforce policy
95	Commissioner’s functions in relation to this Part
96	Commissioner may draft and submit Government workforce policy to Minister
97	Government workforce policy: content
98	Rights, obligations, etc, not affected by Government Workforce Policy Statement
99	Government workforce policy: approval by Minister
100	Government Workforce Policy Statement: process
101	Government Workforce Policy Statement: implementation
102	Request for information does not limit other enactments
	Part 5 Offence, immunity, and public service reorganisations
	Offence to solicit or attempt to improperly influence public service leaders
103	Offence to solicit or attempt to influence public service leaders
	Immunity from liability
104	Immunity for chief executives and employees
	Reorganisations within public service
105	Reorganisations within public service
	Part 6 Amendments to enactments, repeals, and revocations [Repealed]
	Amendments to Clerk of the House of Representatives Act 1988 [Repealed]
106	Amendments to Clerk of the House of Representatives Act 1988 [Repealed]
107	Section 17 amended (Functions of State Services Commissioner in relation to Office) [Repealed]
108	Section 22 amended (Review of appointments) [Repealed]
109	Section 26 amended (Negotiation of conditions of employment) [Repealed]
	Amendments to Crown Organisations (Criminal Liability) Act 2002 [Repealed]
110	Amendments to Crown Organisations (Criminal Liability) Act 2002 [Repealed]
	Amendments to Official Information Act 1982 [Repealed]
111	Amendments to Official Information Act 1982 [Repealed]
	Amendments to Ombudsmen Act 1975 [Repealed]
112	Amendments to Ombudsmen Act 1975 [Repealed]
113	Section 2 amended (Interpretation) [Repealed]
114	Section 13 amended (Functions of Ombudsmen) [Repealed]
115	Section 32 amended (Power to amend Schedule 1 by Order in Council) [Repealed]
116	Schedule 1 amended [Repealed]
	Amendments to Parliamentary Service Act 2000 [Repealed]
117	Amendments to Parliamentary Service Act 2000 [Repealed]
	Amendments to Privacy Act 1993 and Privacy Act 2020 [Repealed]
118	Amendments to Privacy Act 1993 [Repealed]
119	Section 2 amended (Interpretation) [Repealed]
120	Section 3 amended (Information held by agency) [Repealed]
121	Section 23 amended (Privacy officers) [Repealed]
122	Section 96C amended (Interpretation) [Repealed]
123	New section 120A inserted (Responsibility under this Part for interdepartmental executive board) [Repealed]
124	Amendments to Privacy Act 2020 [Repealed]
125	Section 7 amended (Interpretation) [Repealed]
126	Section 10 amended (Personal information held by agency if held by officer, employee, or member of agency) [Repealed]
127	Section 138 amended (Interpretation) [Repealed]
128	Section 201 amended (Privacy officers) [Repealed]
129	New section 201A inserted (Responsibility under this Part for interdepartmental executive board) [Repealed]
	Amendments to Orders in Council [Repealed]
130	Amendment to State Sector (Ministry for Primary Industries) Order 2012 [Repealed]
131	Amendment to State Sector (New Zealand Food Safety Authority) Order 2010 [Repealed]
	Repeals and revocations [Repealed]
132	Repeals [Repealed]
133	Repeal of certain provisions of this Act
134	Legislative instruments revoked [Repealed]
	Consequential amendments [Repealed]
135	Consequential amendments to enactments [Repealed]
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Public service agencies
	Schedule 3 Other functions and powers of Commissioner
	Schedule 4 Other terms and conditions of appointment of Commissioner and Deputy Commissioners
	Schedule 5 Functional chief executives and host departments
	Schedule 6 Other functions and powers of public service chief executives
	Schedule 7 Appointment and performance review of public service chief executives
	Schedule 8 Employment provisions
	Schedule 9 Reorganisations in public service
	Schedule 10 Legislative instruments revoked [Repealed]
	Schedule 11 Consequential amendments [Repealed]
	Notes

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