The purposes of this Act are—

The provisions of this Act apply mainly to the public service, which includes public service agencies and Crown agents (for the latter, this is for the purposes of subparts 2 and 4 of Part 1). Some provisions of this Act also apply to other State services or specified agencies in other State services and some provisions apply to other areas of government. Some provisions apply to Crown agents as part of the public service (see section 10) and other provisions apply to Crown agents as part of the State services.

Part 1 defines the public service and contains provisions relating to the purpose of the public service, the public service principles, acting with a spirit of service to the community, the Crown’s relationships with Māori, the public service values, minimum standards of integrity and conduct, and the New Zealand Bill of Rights Act 1990.

Part 2 describes the 4 different types of public service agencies. These are departments, departmental agencies, interdepartmental executive boards, and interdepartmental ventures.

Part 3 describes the people working in the public service and their roles and functions. These people are the Public Service Commissioner, Deputy Public Service Commissioners, public service chief executives (who include functional chief executives), and employees who make up the public service workforce. Part 3 also includes provisions relating to system leaders, the public service leadership team, the public service leadership strategy, and secondments.

Part 4 relates to the Government’s workforce policy.

Part 5 contains a miscellaneous group of provisions. These include a provision making it an offence to solicit or attempt to improperly influence public service leaders and a provision that provides immunity for good-faith actions or omissions by public service chief executives and employees.

This guide is for explanation only and does not affect the provisions referred to in it.

In this Act, unless the context otherwise requires,—

A reference in any other enactment to a department (however worded) includes—

A reference in any other enactment to a chief executive of a department (however worded) includes—

This section may apply even if the enactment expressly refers to the definition of department in this Act or in section 5.

Section 6 does not apply if—

The Governor-General may, by Order in Council, specify in relation to any particular enactment that all or any of the provisions of section 6(1) and (2) do not apply.

An Order in Council under this section is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

This Act binds the Crown.

In this Act, the public service—

The public service supports constitutional and democratic government, enables both the current Government and successive governments to develop and implement their policies, delivers high-quality and efficient public services, supports the Government to pursue the long-term public interest, facilitates active citizenship, and acts in accordance with the law.

In order to achieve the purpose in section 11, the public service principles are:

Politically neutral

Free and frank advice

Merit-based appointments

Open government

Stewardship

Public service chief executives are responsible for—

Interdepartmental executive boards are responsible for upholding the public service principles when carrying out their responsibilities and functions.

The boards of interdepartmental ventures are responsible for—

A chief executive, an interdepartmental executive board, and a board of an interdepartmental venture are responsible only to the Commissioner for carrying out the responsibility to uphold the public service principles under subsections (2) to (4).

Boards of Crown agents are responsible for ensuring that the entities they govern uphold the public service principles when carrying out their functions.

The responsibility of a board of a Crown agent under subsection (6) is a collective duty of the board under the Crown Entities Act 2004 that is owed only to the responsible Minister in accordance with section 58 of that Act.

The fundamental characteristic of the public service is acting with a spirit of service to the community.

Public service leaders, interdepartmental executive boards, boards of interdepartmental ventures, and boards of Crown agents must preserve, protect, and nurture the spirit of service to the community that public service employees bring to their work.

The responsibility of a board of a Crown agent under subsection (2) is a collective duty of the board under the Crown Entities Act 2004 that is owed only to the responsible Minister in accordance with section 58 of that Act.

The role of the public service includes supporting the Crown in its relationships with Māori under the Treaty of Waitangi (te Tiriti o Waitangi).

The public service does so by the Commissioner, public service chief executives, interdepartmental executive boards, and boards of interdepartmental ventures having responsibility for—

A person or board is responsible under section 14,—

A person or board has the responsibilities in section 14,—

Chief executives, interdepartmental executive boards, and boards of interdepartmental ventures must report to the Commissioner on progress made towards achieving the responsibilities listed in section 14(2) at intervals required by the Commissioner.

The public service values are to seek—

Impartial

Accountable

Trustworthy

Respectful

Responsive

The public service values are given effect to only through minimum standards set by the Commissioner.

The Commissioner may set minimum standards of integrity and conduct, including standards relating to—

Those minimum standards may apply in or to—

The Commissioner may vary the application of minimum standards, as the Commissioner thinks fit, in light of the legal, commercial, or operational context, in or to any of the following:

When applying or varying the application of a minimum standard, the Commissioner must consult on the proposed content of that standard with all agencies in or to which it will apply.

Minimum standards and variations must be in writing but may be set out in any form that the Commissioner thinks fit.

All minimum standards must be notified to the agencies in or to which they apply and, if the Commissioner varies the application of a standard in any case, the variation must also be notified to the agency concerned.

The Commissioner may also provide advice to agencies in the State services (except Crown Research Institutes and their subsidiaries) on matters that affect the integrity and conduct of individuals (including, for example, the interpretation of minimum standards in particular cases).

Agencies, individuals, and groups must comply with the minimum standards set under section 17 that apply to them.

However, an agency covered by section 17(2)(b) to (d) may be granted an exception from complying with a particular standard by—

An exception must be in writing.

This section does not prevent an agency, an individual, or a group from applying to themselves additional or detailed standards that are consistent with the standards set by the Commissioner.

The Commissioner may issue guidance on integrity and conduct for the agencies referred to in section 17(2) and the people who work in them.

The guidance may relate to minimum standards set under section 17 but is not limited to the subject matter of those standards.

Guidance must be in writing and notified to the agencies in or to which it applies.

If guidance issued under section 19 includes guidance on the public service principle of political neutrality, the guidance must address—

In this section, profession means an occupational group with a registration requirement under an Act for the individuals who work or practise in the occupational group.

Minimum standards and guidance issued under this subpart are neither legislative instruments nor disallowable instruments for the purposes of the Legislation Act 2012 and do not have to be presented to the House of Representatives under section 41 of that Act.

This section acknowledges that public service employees have all the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 in accordance with the provisions of that Act.

Accordingly, that Act (along with any other enactment that provides for the exercise or enforcement of those rights and freedoms, including the Human Rights Act 1993) applies to a public service employee exercising or seeking to enforce those rights and freedoms.

The Governor-General may, by Order in Council,—

An order relating to the establishment of a departmental agency must—

The making of an order under this section does not remove the need for a department or departmental agency established by an Act to be disestablished or have its name changed by an Act.

The functions, duties, and powers of a new or an existing departmental agency may be determined or altered by the appropriate Minister for the agency and the appropriate Minister for its host department, except as provided in this Act or another enactment.

Those Ministers may also decide that 1 or both of the following working arrangements will apply to a new or an existing departmental agency or will no longer apply:

The Ministers may decide that a working arrangement will apply only if they are reasonably satisfied that this is necessary or desirable for the agency to perform its functions or will no longer apply only if they are reasonably satisfied that this is no longer the case.

Other working arrangements between a departmental agency and its host department must be agreed between the respective chief executives and agreed by the Commissioner.

A host department must provide corporate services to a departmental agency, except to the extent that any variation is agreed between the chief executives of both agencies.

See section 52(2) and (3), which relates to the responsibilities of the 2 chief executives for the functions, duties, and powers of their respective agencies.

The purposes of interdepartmental executive boards are—

The Governor-General may, by Order in Council,—

An order relating to the establishment of a board must—

In section 25 and subsections (1)(c) and (2)(b), departments means departments, departmental agencies, the New Zealand Police, and the New Zealand Defence Force.

The following sections apply to an interdepartmental executive board as if it were a chief executive (with any necessary modifications, for example, any reference to a host department must be read as a reference to a servicing department):

A board may delegate administrative tasks to its servicing department, and clauses 2 to 4 of Schedule 6 apply to a delegation.

See section 52(4) and (5), which relates to the responsibilities of the chief executive of the servicing department of an interdepartmental executive board for the performance of functions and duties, and the exercise of powers, of the board.

The members of an interdepartmental executive board are jointly responsible to the appropriate Minister for the operation of the board.

The Commissioner must select the members of an interdepartmental executive board from the chief executives of the departments that are included in the board’s remit. The board need not include all of those chief executives.

The Commissioner must designate 1 of the members as the chairperson of the board.

The Commissioner may also appoint 1 or more independent advisers (who are not chief executives of departments) to the board.

The power to select, designate, or appoint persons under this section includes the power to remove them and the power to select, designate, or appoint a replacement.

Before taking any action under this section, the Commissioner—

Clause 12 of Schedule 3 relates to the remuneration of independent advisers, which is to be set by the Commissioner.

In this section, chief executives means the chief executives of departments and departmental agencies, the Commissioner of Police, and the Chief of Defence Force.

Independent advisers do not have any decision-making authority on an interdepartmental executive board.

An interdepartmental executive board must publish its operating procedures on an Internet site maintained by, or on behalf of, the board.

The purposes of interdepartmental ventures are—

The Governor-General may, by Order in Council,—

An order relating to the establishment of a venture must—

In section 32 and this section, departments means departments, departmental agencies, the New Zealand Police, and the New Zealand Defence Force.

The following sections apply to a board of an interdepartmental venture as if it were a chief executive (with any necessary modifications):

The members of the board of an interdepartmental venture are jointly responsible to the appropriate Minister for the operation of the board.

The members of the board of an interdepartmental venture are the chief executives of all the relevant departments.

The Commissioner must designate 1 of the members as the chairperson of the board.

The power to designate a chairperson under this section includes the power to remove them and the power to designate a replacement.

Before taking any action under this section, the Commissioner—

In this section, chief executives means the chief executives of departments and departmental agencies, the Commissioner of Police, and the Chief of Defence Force.

The board of an interdepartmental venture must publish its operating procedures on an Internet site maintained by, or on behalf of, the venture.

The purpose of joint operational agreements is to provide a formal structure for co-operative and collaborative working arrangements between public service agencies.

Sections 39 to 41 do not limit the ability of agencies to enter into informal working arrangements.

Two or more chief executives or boards of public service agencies may enter into a joint operational agreement for their agencies to work together to achieve stated goals.

Before executing an agreement under this section, the chief executives or boards must obtain the agreement of the Commissioner.

The agreement must not purport to—

The chief executives or boards who are parties to a joint operational agreement must take reasonable steps to provide sufficient resources to achieve the stated goals of the agreement.

The agreement is enforceable only as a matter for which a chief executive or board is accountable for their actions to the Commissioner or the appropriate Minister.

A joint operational agreement may be terminated—

A Public Service Commissioner must be appointed by the Governor-General on the recommendation of the Prime Minister.

Before making a recommendation, the Prime Minister must consult with the leader of each political party represented in the House of Representatives.

The Commissioner acts as the Head of Service by providing leadership of the public service, including of its agencies and workforce and by oversight of the performance and integrity of the system.

The Commissioner also provides leadership, as described in subsection (1), for other State services, and other agencies, in the ways provided in this Act.

The Commissioner’s general functions are to—

When making decisions about individual chief executives, the Commissioner is not responsible to the Minister and must act independently.

The independence required by subsection (1) does not apply to clauses 3, 4, 6, 7, and 8 of Schedule 7 (relating to appointment, reappointment, transfer, conditions of employment, and removal from office of chief executives).

Schedule 3 sets out other functions and powers of the Commissioner.

Two Deputy Public Service Commissioners must be appointed by the Governor-General on the recommendation of the Prime Minister.

Before making a recommendation, the Prime Minister must consult with the leader of each political party represented in the House of Representatives.

Subject to the control of the Commissioner, a Deputy Commissioner has and may perform or exercise all the functions, duties, and powers of the Commissioner.

The Commissioner may assign to either or both of the Deputy Commissioners responsibilities to achieve objectives in 1 or more subject matter areas.

If the office of Commissioner is vacant or the Commissioner is absent from duty for any reason and no acting Commissioner has been appointed under clause 2 of Schedule 4, the Deputy Commissioner who has held the role longer must act as Commissioner.

The fact that a Deputy Commissioner performs or exercises any function, duty, or power of the Commissioner is, in the absence of proof to the contrary, conclusive evidence of their authority to do so.

Schedule 4 sets out other terms and conditions of appointment of the Commissioner and Deputy Commissioners.

The Commissioner is the chief executive of the Commission.

The Commissioner may delegate all or part of the chief executive role to a Deputy Commissioner or other person.

A Deputy Commissioner who has been delegated all or part of the chief executive role retains their office as a Deputy Commissioner.

Clauses 2 to 4 of Schedule 6 apply to a delegation under this section.

The Commissioner may appoint 1 or more advisory committees to assist with carrying out any of the Commissioner’s functions.

The Commissioner may authorise an advisory committee to make inquiries, conduct research, or make reports to assist with the efficient carrying out of the Commissioner’s functions.

When deciding on the membership of an advisory committee, the Commissioner must have due regard to the nature of the community interest in the particular matter or matters to be addressed by that advisory committee.

Clause 13 of Schedule 3 relates to the remuneration of advisory committee members, which is to be set by the Commissioner.

Each department and departmental agency must have a chief executive to lead it.

Each chief executive is to be known—

The Governor-General may, by Order in Council,—

An order relating to the establishment of a functional chief executive role must—

If a functional chief executive role is established, the Commissioner must appoint a person to that role.

See the provisions of Schedule 7, which apply to the appointment and performance review of chief executives, but see also clause 11 of that schedule, which makes special provision for the Commissioner as chief executive of the Commission and the Solicitor-General as chief executive of the Crown Law Office.

A chief executive of a department or departmental agency is responsible to the appropriate Minister for—

The chief executive of a department is not responsible for the performance of functions or duties, or the exercise of powers, of or by that part of the department that is a departmental agency hosted by the department unless expressly provided in this Act or another enactment.

The chief executive of a departmental agency is responsible for the performance of functions and duties, and the exercise of powers, by that part of the department that is the departmental agency only and not any functions, duties, or powers of the host department unless expressly provided in this Act or another enactment.

The chief executive of a servicing department of an interdepartmental executive board is not responsible for the performance of functions or duties, or the exercise of powers, of or by the board unless provided in an enactment or delegated to the department under section 27.

However, if the chief executive of a servicing department is also a member of the board they also have full responsibilities as a member of the board.

Section 52(1) applies to a functional chief executive (with any necessary modifications).

However, they are responsible to the appropriate Minister for the responsibilities listed to the extent only that those responsibilities are relevant to their particular functions.

A functional chief executive—

The chief executive of a department is not responsible for the performance of functions or duties, or the exercise of powers, of or by a functional chief executive hosted by the department unless expressly provided in this Act.

Despite section 52(1), when making decisions about individual employees (including relating to the appointment, promotion, demotion, transfer, disciplining, or the cessation of the employment of an employee),—

The independence required by subsection (1) is subject to the requirement in section 70 that a chief executive have regard to the wishes of the relevant Minister when making decisions about ministerial staff.

Working arrangements between a functional chief executive and their host department must be agreed between the 2 chief executives and agreed by the Commissioner.

The Commissioner may designate a public service chief executive as a system leader to lead and co-ordinate best practice in a particular subject matter area across the whole or part of the State services.

System leaders are responsible to the appropriate Minister for achieving agreed outcomes.

If the appropriate Minister agrees, a system leader may set standards relating to the particular subject matter area that they lead and co-ordinate.

A system leader may also issue guidance relating to that particular subject matter area.

The standards and guidance must be in writing.

Those standards apply only in or to public service agencies.

Chief executives must ensure that the agencies that they lead or carry out some functions within implement the standards that apply in or to them.

Guidance issued by a system leader applies in or to all State services.

Schedule 6 sets out other functions and powers of public service chief executives.

Schedule 7 contains provisions relating to the appointment and performance review of public service chief executives.

The Commissioner must establish a public service leadership team with the following members:

The public service leadership team—

The Commissioner must develop and implement a strategy for the development of senior leadership and management capability in the public service (the leadership strategy) and do so in consultation with public service leaders.

The Commissioner must ensure that the leadership strategy meets the needs both of agencies and the public service, including allowing for flexible deployment of senior leaders.

The Commissioner may promote the leadership strategy to other State services, and may invite them to assist to develop and implement the leadership strategy.

The Commissioner may issue guidance to assist public service chief executives, interdepartmental executive boards, boards of interdepartmental ventures, and (if applicable) chief executives and boards that lead other State services, to implement the leadership strategy.

A chief executive or board of a public service agency must—

All chief executives must assist the Commissioner to develop a leadership strategy under section 61.

A chief executive or board that is the employer of staff in a public service agency (including under delegation) must appoint and deploy senior leaders having regard to the leadership strategy.

The Commissioner may arrange for a public service employee to be seconded elsewhere in the public service (with the agreement of the employee and the relevant chief executives or boards) for the purposes of 1 or more of the following:

Section 72 (relating to merit appointments)—

Clauses 1 and 5 of Schedule 8 (relating to notifying vacancies and reviewing appointments) do not apply to secondments under subsection (1)(a) to (c).

This section does not limit the ability of chief executives to arrange secondments of employees within the public service for the reasons listed in subsection (1) or for other reasons and to do so without reference to the Commissioner.

For the purposes of this Act,—

In relation to the functions, duties, and powers of a department, the chief executive of the department—

In relation to the functions, duties, and powers of an interdepartmental venture, the board of the interdepartmental venture—

In relation to employees of a host department who perform the functions or duties or exercise the powers of a departmental agency, the chief executive of the host department is treated as—

The chief executive of a departmental agency has the rights and duties and may exercise the powers referred to in subsection (1) in the same manner, subject to the same restrictions, and with the same effect as if they had been conferred on that chief executive directly by this Act.

Section 68 applies in relation to employees of a servicing department who perform the functions or duties or exercise the powers of an interdepartmental executive board—

The chief executive of a department or an interdepartmental venture that is responsible for the employment of ministerial staff across all Ministers’ offices must have regard to the wishes of the relevant Minister when engaging ministerial staff.

Section 72 does not apply to ministerial staff.

Appointments under any of sections 66 to 69 (except appointments of ministerial staff) are provisional pending the outcome of a review under clause 5 of Schedule 8.

When making an appointment under this Act, a chief executive or board must give preference to the person who is best suited to the position.

A chief executive of a department and a board of an interdepartmental venture must—

See also section 75 (which relates to promoting diversity and inclusiveness).

In this section, a good employer is an employer who operates an employment policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including for—

The chief executive of a departmental agency, or an interdepartmental executive board,—

The Commissioner’s functions include promoting, developing, and monitoring equal employment opportunities programmes and policies for the public service.

In this section and section 73, equal employment opportunities programme means a programme that is aimed at identifying and eliminating all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality with respect to the employment of a person or group of persons.

A chief executive of a department and a board of an interdepartmental venture must—

A chief executive of a departmental agency, or an interdepartmental executive board,—

The Employment Relations Act 2000 applies to the public service.

Subsection (1) is subject to any exceptions provided in this Act.

Despite sections 78, 79, and 81 to 83B,—

The Commissioner is responsible for negotiating under the Employment Relations Act 2000 all collective agreements that apply to any department or interdepartmental venture as if the Commissioner were the employer.

For the purposes of initiating bargaining for a collective agreement, good-faith bargaining for a collective agreement, and entering into collective agreements,—

The Commissioner must conduct the negotiations—

Every collective agreement negotiated in accordance with section 78 must be entered into between—

Every collective agreement entered into between the Commissioner and a union and relating to a department or an interdepartmental venture is binding on—

An employer who is bound by a collective agreement under subsection (2) has the same rights, duties, and obligations that that employer would have, in respect of that collective agreement, under the Employment Relations Act 2000 as if that employer were a party to that agreement.

Subsection (3) applies except as provided in this section or section 78.

The Commissioner may, under clause 6 of Schedule 3, delegate to a chief executive of a department or the board of an interdepartmental venture the Commissioner’s functions and powers under section 78.

The delegation may be subject to—

Subsection (2) does not limit the directions or conditions the Commissioner may specify in relation to the delegation.

In sections 82 to 83B,—

The Commissioner is responsible for dealing with a pay equity claim as if the Commissioner were the employer.

When a pay equity claim is raised with the chief executive of a department or the board of an interdepartmental venture, the chief executive or board must, as soon as practicable, give notice in writing of the pay equity claim to the Commissioner.

The Commissioner’s responsibility under subsection (1)—

The Commissioner’s responsibility under this section arises in relation to a pay equity claim—

Subsection (3) is subject to subsection (4).

In relation to the requirements under section 13K of the Equal Pay Act 1972,—

If the Commissioner has delegated the powers to negotiate a pay equity claim to any chief executive of a department or board of an interdepartmental venture involved in the claim,—

When the Commissioner enters into the pay equity bargaining process under sections 13ZC to 13ZZE of the Equal Pay Act 1972, the Commissioner must do so in consultation with the chief executive or board of each affected department or interdepartmental venture.

Every pay equity claim settlement agreement entered into between the Commissioner and 1 or more unions or between the Commissioner and 1 or more employees of the public service is binding on the chief executive of each department and the board of each interdepartmental venture in which any of the employees are employed.

A chief executive of a department who, or board of an interdepartmental venture that, is bound by a pay equity claim settlement agreement under subsection (1) has the rights, functions, and obligations that the chief executive or board would have, in respect of that pay equity claim settlement, if that chief executive or board were a party to that settlement.

Responsibility for giving effect to any pay equity claim settlement between the Commissioner and 1 or more public service employees lies with the chief executive of each department and the board of each interdepartmental venture in which any of the employees are employed.

The Commissioner may, under clause 6 of Schedule 3, delegate to a chief executive of a department or to a board of an interdepartmental venture the Commissioner’s functions and powers under section 81 and 83.

The delegation may be subject to a direction or condition requiring the chief executive or board to conduct negotiations in relation to a pay equity claim in consultation with any other chief executive of a department or board of an interdepartmental venture.

Subsection (2) does not limit the directions or conditions the Commissioner may specify in relation to the delegation.

The provisions in Schedule 8 have effect according to their terms.

This section applies if there is a transfer of functions from one public service agency (agency A) to another public service agency (agency B).

The chief executive or board of agency A may in consultation with the chief executive or board of agency B, and subject to the relevant employment agreements, transfer any public service employee who was carrying out the relevant functions in agency A to a position in agency B, if the position in agency B—

Before transferring an employee under this section, the chief executive or board must consult with the employee about the proposed transfer.

Section 91 applies to an employee who is transferred under this section if the employee is moving from a position as an employee in a department or an interdepartmental venture to a position as an employee in another department or interdepartmental venture.

This section overrides Part 6A of the Employment Relations Act 2000.

An employee who is to be transferred under section 86 is not entitled to a redundancy payment.

In this section and in section 88, redundancy payment includes any payment or other benefit provided on the ground of a person’s position being disestablished.

A public service employee who has received a notice of termination by reason of redundancy is not entitled to a redundancy payment if, before the employee’s employment has ended, the employee—

Section 91 applies to an employee who (being an employee to whom subsection (1)(a) applies) is moving from a position as an employee in a department or an interdepartmental venture to a position as an employee in another department or interdepartmental venture.

This section overrides Part 6A of the Employment Relations Act 2000.

Section 72 and clauses 1 and 5 of Schedule 8 do not apply in relation to the transfer of an employee under section 86 or to either position described in section 88(1).

Section 91 applies to a public service employee if—

Without limiting subsection (1), section 91 applies to a public service employee who—

The employment of a public service employee to whom this section applies is to be treated as continuous for the purposes of—

For the purpose of subsection (1)(a),—

For the purpose of subsection (1)(b),—

If the employee’s position with agency B begins before the date on which the employee’s position with agency A ends, subsections (2) and (3) must be applied as if the position with agency A ends on the date that the employee’s position with agency B begins.

For the purpose of subsection (1)(c), the employment of the employee in the position with agency B is not new employment within the meaning of that term in the KiwiSaver Act 2006.

This section applies subject to any regulations made under section 94.

In this section,—

Agency B is not liable to an employee to whom section 91 applies for a failure by agency A to comply with an Act referred to in section 91(1)(a) or (b) in relation to—

Section 91(2) does not limit any right of the employee to take action in relation to a failure by agency A of a kind described in subsection (1).

In this section, Agency A and Agency B have the same meanings as in section 91.

This section applies if regulations are made under section 94(1)(b).

To avoid doubt, the Holidays Act 2003 applies in respect of any payment to the employee for any annual holiday to which section 91 does not apply when the employee’s employment with Agency A ends.

In this section,—

The Governor-General may, by Order in Council, make regulations for the following purposes:

Regulations made under this section may apply differently to different classes of employees or circumstances or on any other differential basis.

Regulations may be made under subsection (1)(b) only on the recommendation of the Minister, made after consulting with—

In this section, annual holiday means an annual holiday provided under subpart 1 of Part 2 of the Holidays Act 2003.