Corrections Act 2004 (2004 No 50)
In section 3(1), definition of enforcement officer, paragraph (a)(i), replace “Public Service (as defined in section 2 of the State Sector Act 1988)”
with “public service (as defined in section 10 of the Public Service Act 2020)”
.
In section 10, replace “sections 41 and 42 of the State Sector Act 1988”
with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”
.
In section 11(1), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 17(1), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 19A(1), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 24(1), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 27(1), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 120(3), replace “the chief executive of a department of State specified in Schedule 1 of the State Sector Act 1988 (except an intelligence and security agency)”
with “the chief executive or board of a public service agency (except an intelligence or security agency)”
.
After section 120(7), insert:
(8)
For the purpose of subsection (3),—
(a)
public service agency has the meaning given to it in section 5 of the Public Service Act 2020:
(b)
if the recording referred to in subsection (3) is held by a departmental agency or an interdepartmental executive board (within the meaning of those terms in section 5 of the Public Service Act 2020), compliance with that subsection is the responsibility of its host department or, as the case may be, servicing department.
In section 167(3)(c), replace “sections 56(1) and (2) and 58(1) and (3) of the State Sector Act 1988 (which relate to personnel and equal employment policies)”
with “sections 73 and 74 of the Public Service Act 2020 (which relate to good employer and equal employment policies)”
.
In section 172(1), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 179, replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 179E(6)(b), replace “section 86 of the State Sector Act 1988”
with “section 104 of the Public Service Act 2020”
.
In section 199(2)(e), replace “sections 56(1) and (2) and 58(3) of the State Sector Act 1988 (which relate to personnel and equal employment policies)”
with “sections 73 and 74(2) of the Public Service Act 2020 (which relate to good employer and equal employment policies)”
.
In section 199AA(1), replace “sections 41 and 42 of the State Sector Act 1988”
with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”
.
In section 199AB(1), replace “sections 41 and 42 of the State Sector Act 1988”
with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”
.
In section 199A, replace “sections 41 and 42 of the State Sector Act 1988”
with “clauses 2 to 4 of Schedule 6 of the Public Service Act 2020”
.
Crown Entities Act 2004 (2004 No 115)
In section 4(1)(d), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 27(3), replace “section 28 of the State Sector Act 1988”
with “clause 5 of Schedule 6 of the Public Service Act 2020”
.
In section 88(4), replace “section 28 of the State Sector Act 1988”
with “clause 5 of Schedule 6 of the Public Service Act 2020”
.
In section 116(1)(a), replace “State Services Commissioner”
with “Public Service Commissioner”
.
In the heading to section 119, replace “sections 84 to 84B of the State Sector Act 1988”
with “clauses 12 to 14 of Schedule 8 of the Public Service Act 2020”
.
In section 119(1), replace “sections 84 to 84B of the State Sector Act 1988”
with “clauses 12 to 14 of Schedule 8 of the Public Service Act 2020”
.
In section 119(2), replace “Sections 84 to 84B of the State Sector Act 1988”
with “Clauses 12 to 14 of Schedule 8 of the Public Service Act 2020”
.
In section 132(2), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 181(1), replace “State Services Commission”
with “Public Service Commission”
.
In Schedule 3, item relating to section 119, replace “State Sector Act 1988, ss 84–84B”
with “Public Service Act 2020, clauses 12 to 14 of Schedule 8”
.
In Schedule 4, item relating to section 119, replace “State Sector Act 1988, ss 84–84B”
with “Public Service Act 2020, clauses 12 to 14 of Schedule 8”
.
Education and Training Act 2020 (2020 No 38)
In section 128, replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 284(1), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 463(a)(ii), replace “section 32 of the State Sector Act 1988”
with “section 52 of the Public Service Act 2020”
.
In section 485(2)(b), replace “State Services Commissioner sets or issues under section 57 of the State Sector Act 1988”
with “Public Service Commissioner sets or issues under section 17 of the Public Service Act 2020”
.
In the heading to section 587, replace “State Services”
with “Public Service”
.
In the heading to section 588, replace “State Services”
with “Public Service”
.
In the heading to section 590, replace “State Services”
with “Public Service”
.
In the heading to section 592, replace “State Services”
with “Public Service”
.
In section 592(3), replace “section 23 of the State Sector Act 1988”
with “clause 6 of Schedule 3 of the Public Service Act 2020”
.
In section 598(3)(c),—
(a)
replace “State Services”
with “Public Service”
:
(b)
replace “section 57 of the State Sector Act 1988”
with “section 17 of the Public Service Act 2020”
.
In Schedule 1, clause 17(3), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In Schedule 6, clause 7(4), replace “section 28 of the State Sector Act 1988”
with “clause 5 of Schedule 6 of the Public Service Act 2020”
.
In Schedule 6, clause 46(1), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In Schedule 6, clause 58(1) and (2), replace “State Sector Act 1988”
with “Public Service Act 2020”
in each place.
Intelligence and Security Act 2017 (2017 No 10)
In section 4, replace the definition of department with:
department—
(a)
means a department as defined in section 5 of the Public Service Act 2020; and
(b)
includes a departmental agency (as defined in that section) hosted by the department; and
(c)
includes an interdepartmental executive board (as defined in that section) serviced by the department
In section 4, insert in its appropriate alphabetical order:
interdepartmental venture means an interdepartmental venture as defined in section 5 of the Public Service Act 2020
In section 4, insert in its appropriate alphabetical order:
Public Service Commissioner means the Public Service Commissioner appointed under the Public Service Act 2020
In section 4, repeal the definition of State Services Commissioner.
In section 22(1), definition of government agency, replace paragraphs (a) and (b) with:
(a)
a Crown entity within the meaning of section 7 of the Crown Entities Act 2004:
(c)
an interdepartmental venture
In section 34(1), definition of agency, after paragraph (b), insert:
(ba)
the board of an interdepartmental venture:
(bb)
an interdepartmental venture:
In section 51(4), replace “section 86 of the State Sector Act 1988”
with “section 104 of the Public Service Act 2020”
.
In section 51(5), after “a department,”
insert “an interdepartmental venture,”
.
In section 118, definition of agency, paragraph (b), after “includes a department”
, insert “and an interdepartmental venture”
.
In section 161(3)(f), replace “State Services Commissioner”
with “Public Service Commissioner”
.
In section 161(4), replace “State Services Commissioner”
with “Public Service Commissioner”
.
In section 176(4), after “or any other department”
, insert “, interdepartmental venture,”
.
In section 221(7), definition of equal employment opportunities programme, replace “section 58(3) of the State Sector Act 1988”
with “section 74(2) of the Public Service Act 2020”
.
Official Information Act 1982 (1982 No 156)
In section 10, after “department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
In section 12(1), after “department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
In section 13, after “every department”
, insert “or interdepartmental venture”
.
In section 14(a), after “a department”
, insert “or interdepartmental venture”
.
In section 14(b)(i) and (ii), after “another department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
In section 14, after “other department”
, insert “or interdepartmental venture”
.
In section 15(1), after “the department”
, insert “or interdepartmental venture”
.
Replace section 15(4) and (5) with:
(4)
Where a request in accordance with section 12 is made or transferred to a department or an interdepartmental venture, the decision on that request must be made by the chief executive of the department or the board of the venture or an officer or employee of the department or venture authorised by that chief executive or board unless that request is transferred in accordance with section 14 to another department or venture, a Minister of the Crown, an organisation, or a local authority.
(5)
Nothing in subsection (4) prevents the chief executive or board or officer or employee from consulting a Minister of the Crown or any other person in relation to the decision that the chief executive or board or officer or employee proposes to make on any request made to the department or venture in accordance with section 12 of this Act or transferred to the department or venture in accordance with section 14 of this Act or section 12 of the Local Government Official Information and Meetings Act 1987.
Replace section 15A(1) with:
(1)
Where a request in accordance with section 12 is made or transferred to a department or an interdepartmental venture or a Minister of the Crown or an organisation, the chief executive of that department or board of that venture or an officer or employee of that department or venture authorised by that chief executive or board or that Minister of the Crown or that organisation may extend the time limit set out in section 14 or 15(1) in respect of the request if—
(a)
the request is for a large quantity of official information or necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the department or the venture or the Minister of the Crown or the organisation; or
(b)
consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit.
In section 16(2), after “the department”
, insert “or interdepartmental venture”
.
In section 17(2), after “department”
, insert “or interdepartmental venture”
.
In section 18(b), after “department”
, insert “or interdepartmental venture”
.
In section 18(g)(i) and (ii), after “another department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
In section 18A(1), after “department”
, insert “or interdepartmental venture”
.
In section 18B, after “department”
, insert “or interdepartmental venture”.
In section 19, after “department”, insert “or interdepartmental venture”
.
In the heading to section 20, replace “departments”
with “public service agencies”
.
In section 22(4), after “department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the interdepartmental venture”
.
In section 23(1), replace “department”
with “public service agency”
.
In section 23(2A)(b), replace “on behalf of the department or Minister of the Crown or organisation with a natural person’s medical practitioner, the department”
with “on behalf of the public service agency or Minister of the Crown or organisation with a natural person’s medical practitioner, the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
In section 24(4), replace “department”
with “public service agency”
.
In section 25, after “department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
In section 26(1), after “department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
In section 26(2), after “department”
, insert “venture”
in each place.
In section 27(1), after “department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
Replace section 28(1) and (2) with:
(1)
It is a function of the Ombudsmen to investigate and review any decision by which a department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or Minister of the Crown or organisation—
(a)
refuses to make official information available to any person in response to a request made by that person in accordance with section 12; or
(b)
decides, in accordance with section 16 or 17, in what manner or, in accordance with section 15, for what charge a request made in accordance with section 12 is to be granted; or
(c)
imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 12; or
(d)
gives a notice under section 10.
(2)
It is a function of the Ombudsmen to investigate and review any decision by which the chief executive of a department (for the department and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of an interdepartmental venture or an officer or an employee of a department or venture authorised by its chief executive or board or a Minister of the Crown or an organisation extends any time limit under section 15A.
Replace section 29A(1) and (2) with:
(1)
Subject to this section, where, during the course of an investigation, under section 28, of any decision of any department or interdepartmental venture or Minister of the Crown or organisation, an Ombudsman, pursuant to any power conferred on that Ombudsman by section 19 of the Ombudsmen Act 1975, requires that department or venture or Minister of the Crown or organisation to furnish or produce to that Ombudsman any information or document or paper or thing that relates to that investigation, that department, venture, Minister of the Crown, or organisation must, as soon as is reasonably practicable, and in no case later than 20 working days after the day on which that requirement is received by that department or venture or Minister of the Crown or organisation, comply with that requirement.
(2)
Where any requirement to which subsection (1) applies is made to any department or interdepartmental venture or Minister of the Crown or organisation, the chief executive of that department or the board of that venture or an officer or employee of that department or venture authorised by that chief executive or that board or that Minister of the Crown or that organisation may extend the time limit set out in subsection (1) in respect of that requirement if—
(a)
the requirement relates to, or necessitates a search through, a large quantity of information or a large number of documents or papers or things, and meeting the original time limit would unreasonably interfere with the operations of the department or the venture or the Minister of the Crown or the organisation; or
(b)
consultations necessary before the requirement can be complied with are such that the requirement cannot reasonably be complied with within the original time limit; or
(c)
the complexity of the issues raised by the requirement are such that the requirement cannot reasonably be complied with within the original time limit.
In section 30(2)(a), replace “department or organisation named in Part 1 or Part 2 of Schedule 1”
with “public service agency or an organisation named in Schedule 1”
.
In section 31, after “department”
, insert “or interdepartmental venture”
.
In the heading to section 32, replace “department”
with “public service agency”
.
In section 32(1), replace “to a department or to an organisation named in Part 1 or Part 2 of Schedule 1”
with “relating to a public service agency or an organisation named in Schedule 1”
.
In section 35(2), after “department”
, insert “(including in relation to a departmental agency hosted by the department or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
In section 35(7), after “department”
, insert “or interdepartmental venture”
.
In section 46, replace “department”
with “public service agency”
in each place.
In the Schedule 1 heading, delete “Part 1 or Part 2 of”
.
Ombudsmen Act 1975 (1975 No 9)
In section 3(3), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 11(4), replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In section 15(2), replace “department”
with “public service agency”
.
In section 18(1), after “chief executive of the department”
, insert “(for the department and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of the interdepartmental venture”
.
In section 18(4), replace “department or organisation named or specified in Parts 1 and 2 of Schedule 1”
with “public service agency or organisation named in Schedule 1”
.
In section 22(3), after “appropriate department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture”
.
In section 27(1), replace “departments”
with “public service agencies”
.
In section 27(2), after “department”
, insert “(for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of an interdepartmental venture”
.
Replace section 28A(2)(a) with:
(a)
a department named in Part 1 of Schedule 1 or an interdepartmental venture named in Part 1C of Schedule 1:
In Schedule 1, Part 1, repeal the item relating to the State Services Commission.
In Schedule 1, Part 1, insert in its appropriate alphabetical order:
Public Service Commission
Oranga Tamariki Act 1989 (1989 No 24)
In section 2(1), definition of enforcement agency, replace paragraph (b) with:
(b)
any department as defined in section 5 of the Public Service Act 2020, including any departmental agency hosted by the department:
(ba)
any interdepartmental venture as defined in section 5 of the Public Service Act 2020:
In section 2(1), definition of enforcement agency office, replace paragraph (b)(i) with:
(i)
any department as defined in section 5 of the Public Service Act 2020, including any departmental agency hosted by the department:
(ia)
any interdepartmental venture as defined in section 5 of the Public Service Act 2020:
In section 2(1), definition of enforcement officer, replace paragraph (c)(i) with:
(i)
the public service as defined in section 5 of the Public Service Act 2020 (other than an officer or employee of the public service performing the functions of an agency referred to in section 10(a)(iii) of that Act; or
In section 2(1), definition of social worker, delete “under Part 5 of the State Sector Act 1988”
.
In section 7(2)(bad), replace “State Services Commissioner”
with “Public Service Commissioner”
.
In the heading to section 7A, replace “section 41 of State Sector Act 1988”
with “clauses 2 and 3 of Schedule 6 of Public Service Act 2020”
.
In section 7A(1), replace “section 41 of the State Sector Act 1988”
with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”
.
In section 7A(2), replace “section 41(2) of that Act”
with “clause 2(3) of that schedule”
.
In the heading to section 7B, replace “section 41 of State Sector Act 1988”
with “clauses 2 and 3 of Schedule 6 of Public Service Act 2020”
.
In section 7B, replace “section 41 of the State Sector Act 1988”
with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”
.
In section 7C(2)(a), replace “section 41 of the State Sector Act 1988”
with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”
.
In section 7D(2), replace “section 41 of the State Sector Act 1988”
with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”
.
In section 7E(2), replace “section 41(2) of the State Sector Act 1988”
with “clause 2(3) of Schedule 6 of the Public Service Act 2020”
.
Replace section 7G with:
7G Immunity for delegations outside public service
Section 104 of the Public Service Act 2020 applies to a person outside the public service acting under a delegation referred to in section 7B or 7C as if the person were a public service employee.
In section 296K(6), replace “Section 41(3), (5), and (7) of the State Sector Act 1988 apply”
with “Clause 2(10), (13), and (15) of Schedule 6 of the Public Service Act 2020 applies”
.
In section 296K(6), replace “section 41”
with “clauses 2 and 3 of Schedule 6 of the Public Service Act 2020”
.
Parliamentary Service Act 2000 (2000 No 17)
In section 3, definition of department, replace “section 2 of the State Sector Act 1988”
with “section 5 of the Public Service Act 2020”
.
In section 3, replace the definition of Public Service with:
public service has the same meaning as in section 10 of the Public Service Act 2020
In Schedule 1, in the heading to clause 7, replace “State Sector Act 1988”
with “Public Service Act 2020”
.
In Schedule 1, clause 7(1), replace “Parts 5, 6, and 8 of the State Sector Act 1988”
with “sections 65 to 80, 85, 88, 89, 103, and 104 of the Public Service Act 2020”
.
In Schedule 1, clause 7(2), replace “Nothing in any other Part of the State Sector Act 1988”
with “No other provision of the Public Service Act 2020”
.
In Schedule 1, clause 7(4), replace “section 68 of the State Sector Act 1988”
with “sections 78 and 79 of the Public Service Act 2020”
.
In Schedule 1, clause 7(4), replace “State Services Commissioner”
with “Public Service Commissioner”
.
In Schedule 1, in the heading to clause 15, replace “State Services Commissioner”
with “Public Service Commissioner”
.
In Schedule 1, clause 15(1) and (1A), replace “State Services Commissioner”
with “Public Service Commissioner”
in each place.
In Schedule 1, clause 15(1) and (2), replace “section 6 of the State Sector Act 1988”
with “section 44 of the Public Service Act 2020”
.
Policing Act 2008 (2008 No 72)
In section 4, definition of State services superannuation scheme, paragraph (a), replace “section 84A(a) of the State Sector Act 1988”
with “clause 13(a) of Schedule 8 of the Public Service Act 2020”
.
In section 4, definition of State services superannuation scheme, paragraph (b), replace “section 84A(b) or (c) of the State Sector Act 1988”
with “clause 13(b) or (c) of Schedule 8 of the Public Service Act 2020”
.
In section 14, replace “State Services Commissioner”
with “Public Service Commissioner”
.
In section 58, replace “sections 56 and 58 of the State Sector Act 1988”
with “sections 73 and 74 of the Public Service Act 2020”
.
In section 62, replace “Section 65 of the State Sector Act 1988”
with “Clause 5 of Schedule 8 of the Public Service Act 2020”
.
In the heading to section 66, replace “State Services Commissioner”
with “Public Service Commissioner”
.
In section 68(1), replace “section 84A of the State Sector Act 1988”
with “clause 13 of Schedule 8 of the Public Service Act 2020”
.
In section 68(2), replace “Sections 84A and 84B of the State Sector Act 1988”
with “Clauses 13 and 14 of Schedule 8 of the Public Service Act 2020”
.
In the heading to section 100, replace “State Services Commissioner”
with “Public Service Commissioner”
.
In section 100, replace “State Services Commissioner is directed or requested under section 11 of the State Sector Act 1988 to carry out, under section 6(c)”
with “Public Service Commissioner is directed or requested under clause 5 of Schedule 3 of the Public Service Act 2020 to carry out, under section 44(d)(ii)”
.