State Sector Act 1988

1: Short Title and commencement
1: This Act may be cited as the State Sector Act 1988.
2: This Act shall come into force on 1 April 1988.
1A: Purpose
The purpose of this Act is to promote and uphold a State sector system that—
a: is imbued with the spirit of service to the community; and
b: operates in the collective interests of government; and
c: maintains appropriate standards of integrity and conduct; and
d: maintains political neutrality; and
e: is supported by effective workforce and personnel arrangements; and
f: meets good-employer obligations; and
g: is driven by a culture of excellence and efficiency; and
h: fosters a culture of stewardship. Section 1A inserted 18 July 2013 section 5 State Sector Amendment Act 2013
2: Interpretation
In this Act, unless the context otherwise requires,— agency applicable collective agreement appropriate Minister or departmental agency
a: the Minister responsible for the department or departmental agency
b: where 2 or more Ministers are responsible for different functions of a department or departmental agency or departmental agency chief executive
a: in relation to a department, means, subject to section 44 section 31
aa: in relation to a departmental agency, means the person holding office under section 31
b: in relation to a tertiary education institution collective agreement Commission Commissioner 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 section 7 Crown Research Institute Crown Research Institutes Act 1992 Part 1 department section 27A departmental agency section 27A Deputy Commissioner section 12 education service section 10(7) employee
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:
ii: employment agreement host department section 27A individual employment agreement key position section 50(2) lockout section 82 medical practitioner section 114(1)﻿(a) Minister ministerial staff
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 section 27 remuneration
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 Schedule 4 Schedule 4A
ac:
b: includes the education service
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
vi: any tertiary education institution stewardship strike section 81 tertiary education institution section 10(1) union Part 4 Section 2 substituted 15 May 1991 State Sector Amendment Act 1991 Section 2 agency inserted 25 January 2005 section 4(1) State Sector Amendment Act (No 2) 2004 Section 2 applicable collective agreement inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 applicable collective employment contract repealed 2 October 2000 section 240 Employment Relations Act 2000 Section 2 appropriate Minister amended 18 July 2013 section 6(1) State Sector Amendment Act 2013 Section 2 appropriate Minister amended 18 July 2013 section 6(1) State Sector Amendment Act 2013 Section 2 appropriate Minister amended 18 July 2013 section 6(1) State Sector Amendment Act 2013 Section 2 chief executive inserted 18 July 2013 section 6(2) State Sector Amendment Act 2013 Section 2 chief executive amended 25 January 2005 section 17(b) State Sector Amendment Act (No 2) 2004 Section 2 collective agreement inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 collective employment contract repealed 2 October 2000 section 240 Employment Relations Act 2000 Section 2 college of education repealed 25 January 2005 section 17(a) State Sector Amendment Act (No 2) 2004 Section 2 Crown entity replaced 18 July 2013 section 6(3) State Sector Amendment Act 2013 Section 2 Crown Research Institute inserted 25 January 2005 section 4(2) State Sector Amendment Act (No 2) 2004 Section 2 department replaced 18 July 2013 section 6(4) State Sector Amendment Act 2013 Section 2 departmental agency inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 education service replaced 1 August 2020 section 668 Education and Training Act 2020 Section 2 employee amended 18 July 2013 section 6(5)﻿(a) State Sector Amendment Act 2013 Section 2 employee repealed 18 July 2013 section 6(5)﻿(b) State Sector Amendment Act 2013 Section 2 employee repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 Section 2 employer repealed 1 August 2020 section 668 Education and Training Act 2020 Section 2 employment agreement inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 employment contract repealed 2 October 2000 section 240 Employment Relations Act 2000 Section 2 health service repealed 1 January 2001 section 108(a) New Zealand Public Health and Disability Act 2000 Section 2 host department inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 individual employment agreement inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 individual employment contract repealed 2 October 2000 section 240 Employment Relations Act 2000 Section 2 key position inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 lockout substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2 ministerial staff inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 outcome inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 polytechnic repealed 25 January 2005 section 17(a) State Sector Amendment Act (No 2) 2004 Section 2 senior executive service repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 Section 2 State services inserted 25 January 2005 section 4(3) State Sector Amendment Act (No 2) 2004 Section 2 State services inserted 18 July 2013 section 6(6) State Sector Amendment Act 2013 Section 2 State services amended 17 December 2016 section 106(1) Statutes Amendment Act 2016 Section 2 State services repealed 17 December 2016 section 106(2) Statutes Amendment Act 2016 Section 2 State services amended 1 January 2001 section 108(b) New Zealand Public Health and Disability Act 2000 Section 2 State services substituted 25 January 2005 section 4(4) State Sector Amendment Act (No 2) 2004 Section 2 stewardship inserted 18 July 2013 section 6(7) State Sector Amendment Act 2013 Section 2 strike substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 tertiary education institution replaced 1 August 2020 section 668 Education and Training Act 2020 Section 2 union inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 2 university repealed 25 January 2005 section 17(a) State Sector Amendment Act (No 2) 2004
2A: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails. Section 2A inserted 18 July 2013 section 7 State Sector Amendment Act 2013
2B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2B inserted 31 October 2018 section 8 State Sector and Crown Entities Reform Act 2018
1: State Services Commissioner
Part 1 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
3: State Services Commissioner
There shall be an officer to be called the State Services Commissioner, who shall be appointed by the Governor-General in Council on the recommendation of the Prime Minister. Section 3 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Role, functions, duties Heading substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Heading amended 18 July 2013 section 8 State Sector Amendment Act 2013
4: Commissioner to be chief executive of State Services Commission
The Commissioner shall be the chief executive of the department of State known as the State Services Commission. Section 4 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
4A: Role of Commissioner
The Commissioner's role is to provide leadership and oversight of the State services so as to ensure the purpose of this Act is carried out, including by—
a: promoting the spirit of service to the community; and
b: promoting the spirit of collaboration among agencies; and
c: identifying and developing high-calibre leaders; and
d: working with State services leaders to ensure that the State services maintain high standards of integrity and conduct and are led well and are trusted; and
e: overseeing workforce and personnel matters in the State services; and
f: advising on the design and capability of the State services; and
g: evaluating the performance of Public Service leaders, including the extent to which they carry out the purpose of this Act; and
h: supporting the efficient, effective, and economical achievement of good outcomes by the State services; and
i: promoting a culture of stewardship in the State services. Section 4A inserted 18 July 2013 section 9 State Sector Amendment Act 2013
5: Duty of Commissioner to act independently
Except as provided in sections 35 36 38 39 Public Service chief executives Section 5 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 5 amended 18 July 2013 section 10 State Sector Amendment Act 2013
6: Functions of Commissioner
For the purpose of carrying out the Commissioner's role, the principal functions of the Commissioner are to—
a: review the State sector system in order to advise on possible improvements to agency, sector, and system-wide performance; and
b: review governance and structures across all areas of government, in order to advise on—
i: the allocation and transfer of functions and powers; and
ii: the cohesive delivery of services; and
iii: the establishment, amalgamation, and disestablishment of agencies; and
c: review the performance of each department and each departmental agency; and
d: appoint leaders of the Public Service, which includes—
i: acting as the employer of chief executives of departments and chief executives of departmental agencies; and
ii: reviewing the performance of chief executives of departments and chief executives of departmental agencies; and
e: promote leadership capability in departments and other agencies; and
f: promote strategies and practices concerning government workforce capacity and capability; and
g: promote good-employer obligations in the Public Service; and
h: promote and reinforce standards of integrity and conduct in the State services; and
i: promote transparent accountability in the State services; and
j: exercise such other functions with respect to the administration and management of the Public Service as the Prime Minister from time to time directs (not being functions conferred by this Act or any other Act on a chief executive other than the Commissioner). Section 6 replaced 18 July 2013 section 11 State Sector Amendment Act 2013
7: Powers of Commissioner
The Commissioner shall have all such powers as are reasonably necessary or expedient to enable the Commissioner to carry out the functions and duties imposed upon the Commissioner under this Act or any other enactment. Section 7 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
8: Power of Commissioner to conduct inspections and investigations
1: This section applies when the Commissioner is carrying out his or her functions in respect of the Public Service.
2: The Commissioner may conduct any inspections and investigations, and make and receive any reports, that the Commissioner considers necessary or the Minister directs. Section 8 substituted 25 January 2005 section 6 State Sector Amendment Act (No 2) 2004 Section 8(1) replaced 18 July 2013 section 12 State Sector Amendment Act 2013
9: Power to obtain information
1: The Commissioner may require, by written notice,
2: The
3: This section does not limit any Act that imposes a prohibition or restriction on the availability of any information. Section 9 substituted 25 January 2005 section 7 State Sector Amendment Act (No 2) 2004 Section 9(1) amended 18 July 2013 section 13(1)﻿(a) State Sector Amendment Act 2013 Section 9(1) amended 18 July 2013 section 13(1)﻿(b) State Sector Amendment Act 2013 Section 9(1) amended 18 July 2013 section 13(1)﻿(c) State Sector Amendment Act 2013 Section 9(2) amended 18 July 2013 section 13(2) State Sector Amendment Act 2013
9A: Application of Inquiries Act 2013
1: This section applies if the Commissioner—
a: exercises a power to investigate or inquire into any matter in the course of performing his or her functions and duties under this Act or any other Act (whether acting under a requirement imposed by or under the relevant enactment or on his or her own initiative); and
b: has certified, in accordance with section 9B
2: The following provisions of the Inquiries Act 2013
a: section 10
b: section 14
c: section 15
d: section 16
e: section 17
f: sections 19 to 22
g: sections 23 to 26
h: section 29
i: section 30
j: section 31
k: sections 32 33 Official Information Act 1982 Public Records Act 2005
l: section 34
3: The provisions of the Inquiries Act 2013
a: as if the Commissioner were an inquiry established under that Act and the relevant Minister referred to in section 11
b: as if the terms document, information, and officer of an inquiry had the same meanings as in section 4
c: with the other necessary modifications.
4: A delegation under section 21 section 23
5: In exercising any powers of the Inquiries Act 2013
a: has no power to determine the civil, criminal, or disciplinary liability of any person:
b: may make—
i: findings of fault:
ii: recommendations that further steps be taken to determine the civil, criminal, or disciplinary liability of any person:
iii: findings or recommendations for the improvement and benefits of the wider State services relevant to the findings of the investigation:
c: may receive a report from any person, make a report to any person, or make any public report regarding the matters investigated. Section 9A inserted 31 October 2018 section 9 State Sector and Crown Entities Reform Act 2018
9B: Commissioner’s certificate under section 9A(1)
1: A certificate made under section 9A(1)
a: be in writing and signed by the Commissioner; and
b: specify the person or persons who will be conducting the investigation or the inquiry; and
c: summarise the subject matter of the investigation or the inquiry; and
d: set out the reason or reasons why the Commissioner is satisfied that, in order to perform his or her functions and duties, it is reasonably necessary that the provisions specified in section 9A(2)
2: The Commissioner may not delegate the power to make a certificate under section 9A(1)
3: The Commission’s annual report, required by section 43
a: a statement as to the number of certificates made by the Commissioner under section 9A(1)﻿(b)
b: for each certificate, a summary description of the matter that was the subject of the investigation or inquiry. Section 9B inserted 31 October 2018 section 9 State Sector and Crown Entities Reform Act 2018
9C: Information privacy principles 6 and 7 do not apply during inquiry or investigation in accordance with section 9A
1: Information privacy principles 6 and 7 do not apply in respect of personal information contained in evidence given or submissions made to an inquiry or investigation conducted in accordance with section 9A
2: In subsection (1), information privacy principle personal information section 2(1) 1993 No 28 s 55 Section 9C inserted 31 October 2018 section 9 State Sector and Crown Entities Reform Act 2018
9D: Immunities and privileges of participants in inquiry or investigation in accordance with section 9A
1: Witnesses and other persons (other than counsel) participating in an inquiry or investigation conducted in accordance with section 9A subpart 8
2: In addition to a Judge’s powers under the Evidence Act 2006 section 52 53 69 70
3: An order or a direction made by the Commissioner under subsection (2) has effect as if it were an order or a direction of a Judge under the Evidence Act 2006
4: Counsel appearing before an inquiry or investigation have the same immunities and privileges as they would have if appearing before a court. 2013 No 60 s 27 Section 9D inserted 31 October 2018 section 9 State Sector and Crown Entities Reform Act 2018
10: Power to enter premises
1: For the purpose of carrying out the functions of the Commissioner, the Commissioner or any person specifically or generally authorised in writing in that behalf by the Commissioner, may from time to time—
a: enter the premises of any department; or
b: require the production of any information, documents, or files in the custody of any department, and examine any such information, documents, or files; or
c: require any member of the staff of any department to answer questions for the purpose of enabling the Commissioner to carry out the functions assigned to the Commissioner.
2: Every written authorisation under subsection (1) shall contain—
a: a reference to this section; and
b: the full name of the authorised person; and
c: a statement of the powers conferred on the authorised person by subsection (1).
3: The power to enter premises pursuant to subsection (1) shall be subject to the following conditions:
a: entry shall be made only by the Commissioner or by a person specifically or generally authorised in writing by the Commissioner:
aa: entry shall be made only if the Commissioner has first obtained the agreement of the Minister:
b: reasonable notice of the intention to enter shall be given:
c: entry shall be made at reasonable times:
d: the person entering shall carry—
i: evidence of that person's identity; and
ii: either evidence that that person is the Commissioner or that person's written authorisation under subsection (1):
iii: evidence of the agreement referred to in paragraph (aa):
e: the person entering shall, on first entering the premises, and, if requested, at any subsequent time, produce to a representative of the department the evidence referred to in paragraph (d).
4: Every person shall have the same privileges in relation to—
a: the production of information, documents, and files; and
b: the furnishing of any information or particulars; and
c: the answering of questions— under this section as witnesses have in courts of law.
5: No person shall exercise any of the powers conferred by paragraphs (a) to (c) of subsection (1) unless the Commissioner or that person has first given the chief executive of the department the opportunity of consulting with the Commissioner or that person about the exercise of those powers.
6: Nothing in this section derogates from any enactment that imposes a prohibition or restriction on—
a: the availability of any information; or
b: the production or examination of any information, documents, or files. Section 10 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 10(3)﻿(aa) inserted 31 October 2018 section 10(1) State Sector and Crown Entities Reform Act 2018 Section 10(3)﻿(d)﻿(iii) inserted 31 October 2018 section 10(2) State Sector and Crown Entities Reform Act 2018
11: Functions and powers can be exercised in relation to other State services
1: The Commissioner must, if directed in writing by the Prime Minister, perform or exercise in relation to any part of the State services that does not form part of the Public Service any of the functions and powers specified in the direction that the Commissioner has under sections 6 to 10
2: The Commissioner may, in performing any function under section 6(h) or (i) 57(2) or (4) 57A sections 7 to 10
3: The Commissioner may, if requested by the head of any part of the State services, and must, if requested by the Minister in charge of, or responsible for, any part of the State services, perform or exercise any of the functions and powers that the Commissioner has under sections 6 to 10
4: The Commissioner may, if requested by the head of any part of the State services that does not form part of the Public Service, or of any corporation listed in Schedule 1
5: For the purpose of this section, sections 6 to 10
6: Nothing in this section—
a: limits or affects any provision of this or any other Act; or
b: affects or prevents the performance or exercise by any part of the State services that does not form part of the Public Service, or by any officer or employee of that part of the State services, of any function or power conferred on or belonging to that part of the State services or officer or employee. Section 11 replaced 31 October 2018 section 11 State Sector and Crown Entities Reform Act 2018
12: Deputy State Services Commissioner
1: There shall be an officer to be called the Deputy State Services Commissioner, who shall be appointed by the Governor-General in Council on the recommendation of the Prime Minister.
2: Subject to the control of the Commissioner, the Deputy Commissioner shall have and may exercise all the functions, duties, and powers of the Commissioner.
3: On the occurrence from any cause of a vacancy in the office of Commissioner (whether by reason of death, resignation, or otherwise), and in the case of absence from duty of the Commissioner (from whatever cause arising), and so long as any such vacancy or absence continues, the Deputy Commissioner shall have and may exercise all the functions, duties, and powers of the Commissioner.
4: The fact that the Deputy Commissioner exercises any function, duty, or power of the Commissioner shall, in the absence of proof to the contrary, be conclusive evidence of his or her authority to do so. Section 12 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
13: Term of office
1: The Commissioner and the Deputy Commissioner shall each be appointed for such term, not exceeding 5 years, as shall be specified in the Order in Council by which the Commissioner or the Deputy Commissioner is appointed.
2: The Commissioner and the Deputy Commissioner shall each be eligible for reappointment from time to time.
3: Where a person who is employed in the State services is appointed as the Commissioner or as the Deputy Commissioner, that person's term of office as Commissioner or Deputy Commissioner shall be deemed, for the purposes of—
a: the Government Superannuation Fund Act 1956
b: appointment to any position in the State services on the termination of that person's service as Commissioner or Deputy Commissioner; and
c: entitlement to leave of absence,— to be continuous service in that part of the State services in which that person was employed at the date of that person's appointment as Commissioner or Deputy Commissioner. Section 13 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
14: Acting Commissioner or acting Deputy Commissioner
1: The Governor-General in Council, on the recommendation of the Prime Minister, may appoint an acting Commissioner or acting Deputy Commissioner to act for the Commissioner or Deputy Commissioner (as applicable) in the event of—
a: the incapacity of the Commissioner or Deputy Commissioner by reason of illness or absence; or
b: any reasonable cause that requires the Commissioner or Deputy Commissioner to stand down (whether temporarily or in respect of a particular matter).
2: Subsection (1) also applies where the Deputy Commissioner is performing or exercising the functions, duties, and powers of the Commissioner under section 12(3)
3: No appointment of an acting Commissioner or acting Deputy Commissioner, and no act done by an acting Commissioner or acting Deputy Commissioner, as such, shall in any proceedings be questioned on the ground that the occasion for his or her appointment had not arisen or had ceased. Section 14 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 14(1) replaced 18 July 2013 section 14 State Sector Amendment Act 2013 Section 14(2) replaced 18 July 2013 section 14 State Sector Amendment Act 2013
15: Remuneration and expenses of Commissioner and Deputy Commissioner
1: The Commissioner and the Deputy Commissioner shall be paid—
a: such remuneration as may from time to time be determined in each case by the Remuneration Authority
b: such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time in each case by the Minister of Finance.
2: Subject to the Remuneration Authority
3: Every determination made under subsection (1) in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination. Section 15 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 15(1)﻿(a) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Section 15(2) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002
16: Removal from office
1: The Commissioner and the Deputy Commissioner may be suspended or removed from office in accordance with the following provisions of this section and not otherwise.
2: The Governor-General may suspend the Commissioner or the Deputy Commissioner from office for misbehaviour or incompetence, but the Commissioner or the Deputy Commissioner shall not be removed from office except as provided in this section.
3: The Governor-General shall cause to be laid before the House of Representatives a full statement of the grounds of any suspension within 7 sitting days after the date of that suspension.
4: Unless the House of Representatives, within 21 days from the date on which the statement in respect of the Commissioner or Deputy Commissioner suspended under this section has been laid before it, declares by resolution that the Commissioner or Deputy Commissioner, as the case may be, ought to be removed from office, the Commissioner or Deputy Commissioner, as the case may be, shall be deemed to be restored to office as from the date of his or her suspension; and, if the House of Representatives within the said time does so declare, the Commissioner or Deputy Commissioner, as the case may be, shall be removed by the Governor-General from the date of the suspension.
5: Unless the Governor-General in Council otherwise directs, the Commissioner or Deputy Commissioner who has been removed from office under this section shall not be entitled to be reappointed to the State services and shall not be entitled to a retiring allowance under the Government Superannuation Fund Act 1956 Section 16 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
17: Vacation of office
1: Any person who holds office as the Commissioner or the Deputy Commissioner shall be deemed to have vacated office if—
a: without the approval of the Governor-General that person—
i: engages during his or her term of office in any paid employment or business other than the duties of his or her office; or
ii: is appointed to and accepts any other office or position in the State services:
b: that person becomes bankrupt, compounds with his or her creditors, or makes an assignment of his or her salary for their benefit:
c: that person absents himself or herself from duty except with the authority of the Governor-General:
d: that person resigns in writing under his or her hand addressed to the Governor-General.
2: Notwithstanding anything in this section, the Commissioner or the Deputy Commissioner may act temporarily in any position in Section 17 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 17(2) amended 18 July 2013 section 15(a) State Sector Amendment Act 2013 Section 17(2) amended 18 July 2013 section 15(b) State Sector Amendment Act 2013 Section 17(2) amended 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004
18: Superannuation rights of Commissioner and Deputy Commissioner
Where any person who is a contributor to the Government Superannuation Fund is appointed as Commissioner or Deputy Commissioner, that person shall, unless—
a: he or she is reappointed as Commissioner or Deputy Commissioner or, in the case of a person holding office as Deputy Commissioner, becomes the successor of the Commissioner; or
b: he or she is appointed to another office in the Government service (within the meaning of the Government Superannuation Fund Act 1956
c: he or she has ceased to be a contributor to the Government Superannuation Fund; or
d: he or she is not entitled under section 16(5) be allowed to receive from the Fund an annual retiring allowance for the rest of his or her life computed in the manner prescribed by Part 2 Part 2A Section 18 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
19: Annual report
1: The Commissioner shall, as soon as practicable after the end of each financial year, furnish to the Minister a report on the operations of the Commissioner for that year, and on such other matters affecting the State services as the Commissioner thinks fit.
2: The report must be presented and published in accordance with section 44 Section 19 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 19(2) substituted 25 January 2005 section 37(1) Public Finance Amendment Act 2004
20: Power to incorporate annual report of Commission in Commissioner's annual report
The Commissioner may incorporate in his or her report under section 19 section 43 Section 20 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 20 amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
21: Advisory committees
1: The Commissioner may from time to time appoint such advisory committees as the Commissioner considers appropriate to assist the Commissioner in carrying out any of the functions of the Commissioner.
2: The Commissioner may authorise any advisory committee appointed under this section to make such enquiries or to conduct such research or to make such reports as may assist the efficient carrying out of the functions of the Commissioner.
3: In determining the membership of any advisory committee, the Commissioner shall have due regard to the nature of the community interest in the particular matter or matters to be addressed by that advisory committee. Section 21 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
22: Remuneration of advisory committees
1: The Commissioner shall pay persons appointed to any advisory committee under section 21
2: No person shall be deemed to be employed in the service of Her Majesty by reason of appointment to an advisory committee under section 21 Section 22 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
23: Delegation of functions or powers
1: The Commissioner may from time to time, either generally or particularly, delegate to any person or persons any of the functions or powers of the Commissioner under this Act or any other Act, including functions or powers delegated to the Commissioner under any Act.
1A: The power conferred by subsection (1) includes (without limitation) power to delegate to any person, either generally or particularly,—
a: the conduct of any investigation or inquiry that the Commissioner is required or empowered to conduct under this Act or any other Act:
b: all or any of the functions and powers that the Commissioner has under this Act or that other Act in relation to the investigation or inquiry.
2: Every delegation under this section shall be in writing.
3: No delegation under this section shall include—
a: the power to delegate under this section; or
b: the Commissioner's powers under sections 35 36
c: the Commissioner's powers under section 39 .
d:
e:
4: In any case where the Commissioner has, pursuant to subsection (1), delegated any of the functions or powers of the Commissioner to any person, that person may, with the prior approval in writing of the Commissioner, delegate such of those functions or powers as the Commissioner approves to any other person or to the holder for the time being of any specified office in the State services.
5: Subject to any general or special directions given or conditions imposed by the Commissioner, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
6: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
7: Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or of specified classes of offices.
8: No such delegation shall affect or prevent the exercise of any function or power by the Commissioner nor shall any such delegation affect the responsibility of the Commissioner for the actions of any person acting under the delegation. Section 23 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989 Section 23(1A) inserted 31 October 2018 section 12 State Sector and Crown Entities Reform Act 2018 Section 23(3)﻿(c) amended 18 July 2013 section 16 State Sector Amendment Act 2013 Section 23(3)﻿(d) repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 Section 23(3)﻿(e) repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004
24: Revocation of delegations
1: Every delegation under section 23
2: Any such delegation shall, until it is revoked, continue in force according to its tenor, notwithstanding that the Commissioner by whom it was made may have ceased to hold office and shall continue to have effect as if made by the successor in office of that Commissioner. Section 24 substituted 19 December 1989 section 3 State Sector Amendment Act (No 2) 1989
25: Power to summon witnesses
Section 25 repealed 31 October 2018 section 13 State Sector and Crown Entities Reform Act 2018
26: Fees and expenses in connection with investigation or inquiry
Section 26 repealed 31 October 2018 section 13 State Sector and Crown Entities Reform Act 2018
2: The Public Service
27: Public Service defined
The Public Service comprises departments (and any departmental agencies that are part of those departments). Section 27 replaced 18 July 2013 section 17 State Sector Amendment Act 2013
27A: Meaning of department, host department, and departmental agency
1: In this Act,— department Schedule 1 departmental agency Schedule 1A host department Schedule 1A
2: Unless the context otherwise requires, every reference in this or any other enactment to a department includes any departmental agency that is part of the department. Section 27A inserted 18 July 2013 section 17 State Sector Amendment Act 2013
27B: Relationship between departments and departmental agencies
Except as provided in this or any other enactment,—
a: the functions, duties, and powers of a departmental agency may be determined by the appropriate Minister of the departmental agency in conjunction with the appropriate Minister of the host department; and
b: the working arrangements between a departmental agency and its host department must be agreed by their respective chief executives and approved by their appropriate Ministers. Section 27B inserted 18 July 2013 section 17 State Sector Amendment Act 2013
28: Delegation of functions or powers of appropriate Minister
1: The appropriate Minister in relation to a department or departmental agency or departmental agency
2: Every delegation under this section shall be in writing.
3: No delegation under this section shall include the power to delegate under this section.
4: The power of the appropriate Minister to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister's functions or powers; but
b: does not limit any power of delegation conferred on the Minister by any other Act.
5: Subject to any general or special directions given or conditions imposed by the appropriate Minister, the chief executive may exercise any functions or powers so delegated to the chief executive in the same manner and with the same effect as if they had been conferred on the chief executive directly by this section and not by delegation.
6: Where the chief executive purports to act pursuant to any delegation under this section, the chief executive shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
7: No such delegation shall affect or prevent the exercise of any function or power by the appropriate Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation. Section 28(1) amended 18 July 2013 section 18 State Sector Amendment Act 2013
29: Revocation of delegations
1: Every delegation under section 28
2: Any such delegation, until it is revoked, shall continue in force according to its tenor.
3: In the event of the appropriate Minister by whom any such delegation has been made ceasing to hold office,—
a: it shall continue to have effect as if made by the person for the time being holding office as the appropriate Minister; and
b: the chief executive shall forthwith advise the then appropriate Minister of the terms of any such delegation.
4: In the event of the chief executive to whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding office as chief executive or, if there is no chief executive in office or if the chief executive is absent from duty, to the person for the time being directed to act in the place of the chief executive.
30: Annual reports of departments
Section 30 repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004
30A: Amendment of Schedule 1
and Schedule 1A
1: The Governor-General may, by Order in Council, amend Schedule 1 disestablished
1A: The Governor-General may, by Order in Council, amend Schedule 1A
2: To avoid doubt, this section does not limit the need for a department or departmental agency disestablished Section 30A inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30A heading amended 18 July 2013 section 19(1) State Sector Amendment Act 2013 Section 30A(1) amended 18 July 2013 section 19(2) State Sector Amendment Act 2013 Section 30A(1A) inserted 18 July 2013 section 19(3) State Sector Amendment Act 2013 Section 30A(2) amended 18 July 2013 section 19(4)﻿(a) State Sector Amendment Act 2013 Section 30A(2) amended 18 July 2013 section 19(4)﻿(b) State Sector Amendment Act 2013
30B: Effect of reorganisations within Public Service on employees
A transfer of functions from one department ( Department A Department B sections 30H(2) and (3) 30I(2) and (3) Section 30B inserted 2 August 2003 section 4 State Sector Amendment Act 2003
30C: Application of employee provisions to reorganisations between departments
Section 30C repealed 18 July 2013 section 20 State Sector Amendment Act 2013
30D: Application of employee provisions to transfers from Crown entities to departments
Section 30D repealed 18 July 2013 section 20 State Sector Amendment Act 2013
30E: Restriction of compensation for technical redundancy arising from reorganisations
Section 30E repealed 18 July 2013 section 20 State Sector Amendment Act 2013
30F: Reappointment of employees following reorganisations
Section 30F repealed 18 July 2013 section 20 State Sector Amendment Act 2013
30G: Application of collective agreements to employees following reorganisations
Section 30G repealed 18 July 2013 section 20 State Sector Amendment Act 2013
30H: Consequential changes to references to departments
or departmental agencies or employees of departments
1: If an enactment or other thing refers to a particular department or departmental agency or departmental agency's or departmental agency
2: If an enactment or other thing refers to a particular department or departmental agency or departmental agency disestablished or new responsible departmental agency
3: If an enactment or other thing refers to a particular department or departmental agency elsewhere in the Public Service or new responsible departmental agency
3A: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department's name has changed, the reference must be read as a reference to the employees of the department under its new name.
3B: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department has been disestablished, the reference must be read as a reference to the employees of the new responsible department.
3C: If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because functions have been transferred elsewhere in the Public Service, the reference must be read as a reference to the employees who perform the relevant functions.
4: In this section, the new responsible department or new responsible departmental agency or departmental agency Section 30H inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30H heading amended 18 July 2013 section 21(1) State Sector Amendment Act 2013 Section 30H heading amended 18 July 2013 section 21(2) State Sector Amendment Act 2013 Section 30H(1) amended 18 July 2013 section 21(3)﻿(a) State Sector Amendment Act 2013 Section 30H(1) amended 18 July 2013 section 21(3)﻿(b) State Sector Amendment Act 2013 Section 30H(1) amended 18 July 2013 section 21(3)﻿(c) State Sector Amendment Act 2013 Section 30H(2) amended 18 July 2013 section 21(4)﻿(a) State Sector Amendment Act 2013 Section 30H(2) amended 18 July 2013 section 21(4)﻿(b) State Sector Amendment Act 2013 Section 30H(2) amended 18 July 2013 section 21(4)﻿(c) State Sector Amendment Act 2013 Section 30H(2) amended 18 July 2013 section 21(4)﻿(d) State Sector Amendment Act 2013 Section 30H(3) amended 18 July 2013 section 21(5)﻿(a) State Sector Amendment Act 2013 Section 30H(3) amended 18 July 2013 section 21(5)﻿(b) State Sector Amendment Act 2013 Section 30H(3) amended 18 July 2013 section 21(5)﻿(c) State Sector Amendment Act 2013 Section 30H(3A) inserted 18 July 2013 section 21(6) State Sector Amendment Act 2013 Section 30H(3B) inserted 18 July 2013 section 21(6) State Sector Amendment Act 2013 Section 30H(3C) inserted 18 July 2013 section 21(6) State Sector Amendment Act 2013 Section 30H(4) amended 18 July 2013 section 21(7)﻿(a) State Sector Amendment Act 2013 Section 30H(4) amended 18 July 2013 section 21(7)﻿(b) State Sector Amendment Act 2013
30I: Consequential changes to references to chief executives following reorganisations
1: If an enactment or other thing refers to a particular designation of a chief executive or a chief executive of a particular department or departmental agency or departmental agency or departmental agency's
2: If an enactment or other thing refers to a chief executive of a particular department or departmental agency or departmental agency disestablished
3: If an enactment or other thing refers to a chief executive of a particular department or departmental agency elsewhere in the Public Service
4: In this section, the new responsible chief executive or departmental agency Section 30I inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30I(1) amended 18 July 2013 section 22(1)﻿(a) State Sector Amendment Act 2013 Section 30I(1) amended 18 July 2013 section 22(1)﻿(b) State Sector Amendment Act 2013 Section 30I(1) amended 18 July 2013 section 22(1)﻿(c) State Sector Amendment Act 2013 Section 30I(2) amended 18 July 2013 section 22(2)﻿(a) State Sector Amendment Act 2013 Section 30I(2) amended 18 July 2013 section 22(2)﻿(b) State Sector Amendment Act 2013 Section 30I(2) amended 18 July 2013 section 22(2)﻿(c) State Sector Amendment Act 2013 Section 30I(3) amended 18 July 2013 section 22(3)﻿(a) State Sector Amendment Act 2013 Section 30I(3) amended 18 July 2013 section 22(3)﻿(b) State Sector Amendment Act 2013 Section 30I(4) amended 18 July 2013 section 22(4) State Sector Amendment Act 2013
30J: Application of consequential changes to references
1: Sections 30H 30I
a: apply to things that are in force or existing at the time of the name change, disestablishment
b: apply to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices.
2: Regulations made under section 30K sections 30H 30I disestablishment
3: To avoid doubt, sections 30H 30I disestablished sections 30H 30I disestablishment
4: Sections 30H(1) and (2) 30I(1) and (2) Schedule 1 disestablishment
5: Sections 30H 30I
a: apply to collective employment agreements subject to sections 30B 30G
b: do not apply to individual employment agreements. Section 30J inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30J(1)﻿(a) amended 18 July 2013 section 23(1) State Sector Amendment Act 2013 Section 30J(2) amended 18 July 2013 section 23(1) State Sector Amendment Act 2013 Section 30J(3) amended 18 July 2013 section 23(1) State Sector Amendment Act 2013 Section 30J(3) amended 18 July 2013 section 23(2) State Sector Amendment Act 2013 Section 30J(4) amended 18 July 2013 section 23(1) State Sector Amendment Act 2013
30K: Other saving and transitional matters arising from reorganisations within Public Service
The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the disestablishment Section 30K inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30K amended 18 July 2013 section 24 State Sector Amendment Act 2013
30L: Effect of reorganisations within Public Service
1: The disestablishment
a: property, rights, or obligations of the Crown (whether or not in the name of the Crown or of a particular department, chief executive, or other person in a department); or
b: the commencement or continuation of proceedings by or against the Crown (whether or not in the name of the Crown or of a particular department, chief executive, or other person in a department).
2: In this section, property
3: This section does not limit sections 30A to 30K
4: This section applies for the avoidance of doubt. Section 30L inserted 2 August 2003 section 4 State Sector Amendment Act 2003 Section 30L(1) amended 18 July 2013 section 25 State Sector Amendment Act 2013
3: Chief executives
31: Chief executives
1: Each department and each departmental agency must have, as its administrative head, a chief executive.
2: Each chief executive shall be known—
a: by the designation fixed by Act of Parliament in respect of that chief executive; or
b: where the designation of a chief executive is not fixed by Act of Parliament, by the designation given to that chief executive from time to time by the Prime Minister. Section 31(1) replaced 18 July 2013 section 26 State Sector Amendment Act 2013
32: Principal responsibilities
1: The chief executive of a department or departmental agency is responsible to the appropriate Minister for—
a: the department's or departmental agency's carrying out the purpose of this Act; and
b: the department's or departmental agency's responsiveness on matters relating to the collective interests of government; and
c: the stewardship of the department or departmental agency, including of its medium- and long-term sustainability, organisational health, capability, and capacity to offer free and frank advice to successive governments; and
d: the stewardship of—
i: assets and liabilities on behalf of the Crown that are used by or relate to (as applicable) the department or departmental agency; and
ii: the legislation administered by the department or departmental agency; and
e: the performance of the functions and duties and the exercise of the powers of the chief executive or of the department or departmental agency (whether imposed by any enactment or by the policies of the Government); and
f: the tendering of free and frank advice to Ministers; and
g: the integrity and conduct of the employees for whom the chief executive is responsible; and
h: the efficient and economical delivery of the goods or services provided by the department or departmental agency and how effectively those goods or services contribute to the intended outcomes.
2: Except as provided in any other enactment,—
a: the chief executive of a department is not responsible for the performance of functions or duties or the exercise of powers by that part of the department that comprises any departmental agency hosted by the department; and
b: the chief executive of a departmental agency is responsible only for the performance of functions or duties or the exercise of powers by that part of the department that comprises the departmental agency. Section 32 replaced 18 July 2013 section 27 State Sector Amendment Act 2013
33: Duty to act independently
1: Despite section 32
a: the chief executive of a department is responsible for acting independently (and is not responsible to the appropriate Minister); and
b: the chief executive of a departmental agency is responsible for acting independently (and is not responsible to the appropriate Minister or to the chief executive of the host department).
2: The independence provided in subsection (1) is subject to—
a: the requirement in section 50(4)
b: the requirement in section 59(5) Section 33 replaced 18 July 2013 section 28 State Sector Amendment Act 2013
34: Functions, responsibilities, duties, and powers
1: The functions, responsibilities, duties, and powers imposed on or given to the chief executive of a department or departmental agency
2: The chief executive of a department or departmental agency or departmental agency Section 34(1) amended 18 July 2013 section 29(1) State Sector Amendment Act 2013 Section 34(2) amended 18 July 2013 section 29(1) State Sector Amendment Act 2013 Section 34(2) amended 18 July 2013 section 29(2) State Sector Amendment Act 2013
35: Appointment of chief executives
1: Subject to sections 36 37 and 44 Commissioner
2: Where there is a vacancy or an impending vacancy in the position of chief executive of a department or departmental agency Commissioner
a: inform the Minister of that vacancy or impending vacancy; and
b: invite the Minister to inform the Commissioner Commissioner
3: The Commissioner the Commissioner
4: A panel comprising—
a: the Commissioner or Deputy Commissioner
b: the Deputy Commissioner or an employee of the Commissioner
c: 1 or more persons to be appointed by the Commissioner after consultation with the appropriate Minister or appropriate Ministers,— shall be established in respect of each vacancy.
4AA: In relation to a vacancy or an impending vacancy in the position of chief executive of a departmental agency, the panel established under subsection (4) must also include the chief executive of the host department.
4A: The panel
a: examine applicants for the position; and
b: seek advice from such other sources as the panel considers relevant; and
c: deliberate on the person to be recommended for appointment.
4B: Following the deliberations of the panel, the chairperson
5: The chairperson the chairperson
6: The chairperson
7: The Minister shall refer the chairperson's
8: The Governor-General in Council shall decide whether the chairperson's
9: The Minister shall inform the chairperson the chairperson's
10: Where the chairperson's the chairperson
a: appoint the person recommended; and
b: announce publicly that the appointment has been made.
11: Where the chairperson's
a: the Governor-General in Council may direct the chairperson
b: the Governor-General in Council shall not be required to comply with the preceding subsections of this section:
c: notice of the making of an appointment pursuant to a direction under paragraph (a) shall be published in the Gazette
12: Section 35(1) amended 18 July 2013 section 30(1) State Sector Amendment Act 2013 Section 35(1) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 35(2) amended 18 July 2013 section 30(2) State Sector Amendment Act 2013 Section 35(2) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 35(2)﻿(b) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 35(3) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 35(4) substituted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(4)﻿(a) amended 18 July 2013 section 30(3) State Sector Amendment Act 2013 Section 35(4)﻿(b) amended 18 July 2013 section 30(4) State Sector Amendment Act 2013 Section 35(4AA) inserted 18 July 2013 section 30(5) State Sector Amendment Act 2013 Section 35(4A) inserted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(4A) amended 18 July 2013 section 30(6) State Sector Amendment Act 2013 Section 35(4B) inserted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(4B) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(5) substituted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(5) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(5) amended 18 July 2013 section 30(8) State Sector Amendment Act 2013 Section 35(6) substituted 19 December 1989 section 5 State Sector Amendment Act (No 2) 1989 Section 35(6) amended 18 July 2013 section 30(8) State Sector Amendment Act 2013 Section 35(7) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(8) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(9) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(9) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(10) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(10) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(11) amended 18 July 2013 section 30(9) State Sector Amendment Act 2013 Section 35(11)﻿(a) amended 18 July 2013 section 30(7) State Sector Amendment Act 2013 Section 35(12) repealed 18 July 2013 section 30(10) State Sector Amendment Act 2013
36: Reappointment of chief executives
1: The Commissioner may recommend to the Minister that the existing chief executive of a department or departmental agency be reappointed for a further term.
1A: Section 35(7) to (10)
2: The Commissioner may make a recommendation under subsection (1) without first notifying the impending vacancy or examining other applicants or establishing a panel under section 35(4) Section 36 substituted 19 December 1989 section 6 State Sector Amendment Act (No 2) 1989 Section 36(1) replaced 18 July 2013 section 31 State Sector Amendment Act 2013 Section 36(1A) inserted 18 July 2013 section 31 State Sector Amendment Act 2013
37: Appointment and reappointment of Government Statistician
1: The Commissioner
2: Subject to subsection (5), the Commissioner section 35 have been complied with, and must announce publicly that the appointment has been made
3: Nothing in subsections (6) to (11) of section 35 section 36
4: The Commissioner
5: The Commissioner Section 37(1) amended 18 July 2013 section 32(1) State Sector Amendment Act 2013 Section 37(1) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 37(2) amended 18 July 2013 section 32(2)﻿(a) State Sector Amendment Act 2013 Section 37(2) amended 18 July 2013 section 32(2)﻿(b) State Sector Amendment Act 2013 Section 37(2) amended 18 July 2013 section 32(2)﻿(c) State Sector Amendment Act 2013 Section 37(2) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 37(4) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 37(5) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989
37A: Transfer of chief executives
1: The Commissioner may recommend to the Minister that a chief executive of a department or departmental agency be transferred into a vacancy or an impending vacancy in the position of chief executive in—
a: that department or departmental agency (as applicable); or
b: another department or departmental agency.
2: Section 35(7) to (10) section 35(6)
3: Section 35(6) to (11)
4: Before making a recommendation under subsection (1), the Commissioner must—
a: believe on reasonable grounds that the transfer would be in the public interest; and
b: obtain the chief executive's agreement to the transfer; and
c: consult the appropriate Ministers.
5: The Commissioner may make a recommendation under subsection (1) without notifying the vacancy or impending vacancy or examining other applicants or establishing a panel under section 35(4) Section 37A inserted 18 July 2013 section 33 State Sector Amendment Act 2013
38: Conditions of employment of chief executives
1AA: The Commissioner has, except as expressly provided to the contrary in this Act, the rights, powers, and duties of an employer in relation to chief executives.
1: Every chief executive shall be appointed for a term of not more than 5 years.
2: Every chief executive shall be eligible for reappointment from time to time.
3: Except where specific conditions of employment for a chief executive are provided in this Act, the conditions of employment of a chief executive shall be determined in each case by agreement between the Commissioner Commissioner must consult about the conditions
4: In the case of the Government Statistician, the Commissioner consult Section 38(1AA) inserted 18 July 2013 section 34(1) State Sector Amendment Act 2013 Section 38(3) amended 18 July 2013 section 34(2)﻿(a) State Sector Amendment Act 2013 Section 38(3) amended 18 July 2013 section 34(2)﻿(b) State Sector Amendment Act 2013 Section 38(3) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 38(4) amended 24 October 2019 section 149 Statutes Amendment Act 2019 Section 38(4) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989
39: Removal from office
1: The Commissioner or departmental agency
2: The Commissioner must consult the chief executive of the host department before removing a chief executive of a departmental agency under subsection (1). Section 39(1) amended 18 July 2013 section 35(1) State Sector Amendment Act 2013 Section 39(1) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 39(2) inserted 18 July 2013 section 35(2) State Sector Amendment Act 2013
40: Acting chief executive
1: Where—
a: there is a vacancy in the position of a chief executive; or
b: a chief executive is absent from duty (from whatever cause arising) and that chief executive is unable to delegate his or her responsibilities under this Act to any other person under section 41 all or any of the functions, duties, and powers
c: a chief executive of another department or departmental agency
d:
e: any person,— for the time being appointed appointment made
1A: Where a new department or departmental agency is to be established on a certain date, the Commissioner may appoint as an acting chief executive any person the Commissioner considers suitable to exercise and perform all or any of the functions, duties, and powers of the chief executive of that new department or departmental agency.
1B: The position of an acting chief executive appointed under subsection (1A) ceases to exist on the date a chief executive of the new department or departmental agency takes office after being appointed under section 35
2: No such appointment appointment appointment
3: The Commissioner appointed or (1A) functions, duties, and powers Section 40(1) substituted 19 December 1989 section 7 State Sector Amendment Act (No 2) 1989 Section 40(1) amended 18 July 2013 section 36(1) State Sector Amendment Act 2013 Section 40(1) amended 18 July 2013 section 36(4)﻿(a) State Sector Amendment Act 2013 Section 40(1) amended 18 July 2013 section 36(4)﻿(b) State Sector Amendment Act 2013 Section 40(1) amended 18 July 2013 section 36(4)﻿(c) State Sector Amendment Act 2013 Section 40(1)﻿(c) amended 18 July 2013 section 36(2) State Sector Amendment Act 2013 Section 40(1)﻿(d) repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004 Section 40(1)﻿(e) replaced 18 July 2013 section 36(3) State Sector Amendment Act 2013 Section 40(1A) inserted 18 July 2013 section 36(5) State Sector Amendment Act 2013 Section 40(1B) inserted 18 July 2013 section 36(5) State Sector Amendment Act 2013 Section 40(2) amended 18 July 2013 section 36(6) State Sector Amendment Act 2013 Section 40(3) amended 18 July 2013 section 36(7)﻿(a) State Sector Amendment Act 2013 Section 40(3) amended 18 July 2013 section 36(7)﻿(b) State Sector Amendment Act 2013 Section 40(3) amended 18 July 2013 section 36(7)﻿(c) State Sector Amendment Act 2013 Section 40(3) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989
41: Delegation of functions or powers
1: A Public Service chief executive may, either generally or particularly, delegate in writing to a person described in subsection (1A) or (2A) any of the functions or powers of the chief executive under this Act or any other Act (including functions or powers delegated to the chief executive under this Act or any other Act), except that—
a: the delegation of functions or powers delegated to the chief executive by a Minister requires the prior written approval of that Minister; and
b: the delegation of functions or powers delegated to the chief executive by the Commissioner requires the prior written approval of the Commissioner.
1A: The following persons may be a delegate under subsection (1) or a subdelegate under subsection (2):
a: another Public Service chief executive:
b: a Public Service employee:
c: an individual working in the Public Service as a contractor or as a secondee from elsewhere in the State services in relation to a function or power of the Public Service:
d: the holder for the time being of any specified office in the Public Service.
2: A person to whom a function or power has been delegated under subsection (1) by a chief executive may, with the prior written approval of that chief executive, subdelegate the function or power to any other person described in subsection (1A).
2A: A Public Service chief executive may delegate under subsection (1) a clearly identified function or power to a person outside the Public Service (whether or not the person is within the State services), but only after—
a: obtaining the appropriate Minister's prior written approval; and
b: satisfying himself or herself that any potential conflicts of interest will be avoided or managed.
2B: However, a delegate described in subsection (2A) may not subdelegate the delegated power or function under subsection (2)
2C: A delegation described in subsection (2A) must be noted, with a description of how effectively the delegated function or power was performed or exercised,—
a: in the case of a delegation made by the chief executive of a department, in the annual report of that department; or
b: in the case of a delegation made by the chief executive of a departmental agency, in the annual report of that departmental agency.
2D: A delegate described in subsection (2A) must comply with the following obligations in relation to the performance of a delegated function or the exercise of a delegated power (in the same way as a delegate described in subsection (1A) must comply with them):
a: all relevant statutory obligations; and
b: all relevant obligations in a code of conduct set by the Commissioner under section 57(2)
2E: Any information held by a delegate described in subsection (2A) in relation to the performance of a delegated function or the exercise of a delegated power is, for the purposes of the Official Information Act 1982 see section 2(5)
a: in the case of a delegation made by the chief executive of a department, that department; or
b: in the case of a delegation made by the chief executive of a departmental agency, the host department of that departmental agency.
2F: In relation to the performance of a delegated function or the exercise of a delegated power, the Ombudsmen Act 1975 Official Information Act 1982 Schedule 1
3: Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner , subject to the same restrictions,
4: The power of the chief executive to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the chief executive's functions or powers; but
b: shall not limit any power of delegation conferred on the chief executive by any other Act.
4A: Where a written document is used to inform a person of an action taken by a delegate described in subsection (2A), the document must—
a: state that the action was taken by a delegate outside the Public Service; and
b: give the delegate's name and office; and
c: state that a copy of the instrument of delegation may be inspected at the chief executive's office.
5: Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
6: Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.
7: No such delegation shall affect or prevent the exercise of any function or power by the chief executive, nor shall any such delegation affect the responsibility of the chief executive for the actions of any person acting under the delegation. Section 41(1) replaced 18 July 2013 section 37(1) State Sector Amendment Act 2013 Section 41(1A) inserted 18 July 2013 section 37(2) State Sector Amendment Act 2013 Section 41(2) replaced 18 July 2013 section 37(3) State Sector Amendment Act 2013 Section 41(2A) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2B) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2C) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2D) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2E) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(2F) inserted 18 July 2013 section 37(4) State Sector Amendment Act 2013 Section 41(3) amended 18 July 2013 section 37(5) State Sector Amendment Act 2013 Section 41(4A) replaced 5 December 2013 section 4 State Sector Amendment Act (No 2) 2013
42: Revocation of delegations
1: Every delegation under section 41
2: Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the chief executive by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that chief executive.
43: Review of performance of chief executive
1: The Commissioner
1A: When reviewing the performance of a chief executive of a departmental agency, the Commissioner must consult the chief executive of the host department.
2: In carrying out the Commissioner Section 43(1) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 43(1A) inserted 18 July 2013 section 38 State Sector Amendment Act 2013 Section 43(2) amended 17 December 2016 section 107 Statutes Amendment Act 2016 Section 43(2) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989
44: Special provisions in relation to certain chief executives
1: Nothing in sections 35 36 38 39 43
1A: Nothing in sections 35 36 38 39 section 43
a: must only pertain to the Solicitor-General's responsibilities as the chief executive of a department; and
b: must not pertain to the performance of the independent and constitutional functions of the Solicitor-General or the performance of persons assisting the Solicitor-General in the performance of those functions.
2: For the purposes of this Act,—
a: the Solicitor-General is the chief executive of the Crown Law Office:
b: the State Services Commissioner is the chief executive of the State Services Commission. Section 44(1) replaced 28 September 2017 section 331(1) Intelligence and Security Act 2017 Section 44(1A) inserted 18 July 2013 section 39(3) State Sector Amendment Act 2013 Section 44(2) replaced 28 September 2017 section 331(2) Intelligence and Security Act 2017
45: Application of Labour Relations Act 1987 in respect of chief executives
Section 45 repealed 15 May 1991 State Sector Amendment Act 1991
4: Senior leadership and management capability in Public Service
Part 4 substituted 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004
46: Object
The object of this Part is to specify the Commissioner's responsibilities for developing senior leadership and management capability in the Public Service. Section 46 replaced 18 July 2013 section 40 State Sector Amendment Act 2013
47: Responsibilities of Commissioner
1: The Commissioner is responsible for developing and implementing a strategy for the development of senior leadership and management capability in the Public Service, which could include, for example, the flexible deployment of individuals to developmental roles in the Public Service (with the agreement of the individuals and the relevant chief executives).
2: The Commissioner may promote the strategy to other agencies in the State services, and may invite employees in the State services to participate in initiatives under the strategy (with the agreement of the relevant chief executives). Section 47 replaced 18 July 2013 section 40 State Sector Amendment Act 2013
48: Responsibilities of chief executives
Each chief executive of a department or departmental agency is responsible for—
a: developing senior leadership and management capability in the department or departmental agency; and
b: assisting the Commissioner to fulfil the Commissioner's responsibilities under section 47 Section 48 replaced 18 July 2013 section 40 State Sector Amendment Act 2013
49: Secondments
1: The Commissioner may arrange for a State services employee to be seconded elsewhere in the State services (with the agreement of the employee and the relevant chief executives) for the purpose of developing senior leadership and management capability in the State services.
2: Sections 60 61 65 Section 49 substituted 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004 Section 49(1) replaced 18 July 2013 section 41 State Sector Amendment Act 2013
50: Key positions in Public Service
1: After consulting the chief executive of a department or departmental agency, the Commissioner may designate a position in the department or departmental agency that meets the criteria in subsection (2) as a key position.
2: For the purposes of this section and section 33(2)﻿(a) key position
a: because of its potential to develop senior leaders; or
b: because it is critical to the Public Service.
3: The Commissioner must publish a list of key positions on an Internet site maintained by or on behalf of the Commissioner.
4: A chief executive may only appoint an employee to a key position with the Commissioner's agreement. Section 50 replaced 18 July 2013 section 42 State Sector Amendment Act 2013
51: Appointments to positions in the senior executive service
Section 51 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004
52: Conditions of employment for senior executive service
Section 52 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004
53: Removal from office
Section 53 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004
54: Conditions where person not reappointed
Section 54 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004
55: Training for senior executive service
Section 55 repealed 25 January 2005 section 9 State Sector Amendment Act (No 2) 2004
5: Government workforce policy and personnel provisions
Part 5 heading replaced 18 July 2013 section 43 State Sector Amendment Act 2013
1: Government workforce policy
Subpart 1 inserted 18 July 2013 section 44 State Sector Amendment Act 2013
55A: Commissioner's functions in relation to this subpart
The Commissioner has the following functions in relation to this subpart:
a: to provide advice and guidance to the State services (except Crown Research Institutes and their subsidiaries) on workforce matters; and
b: to consider whether to draft and submit draft government workforce policy for ministerial approval as a Government Workforce Policy Statement; and
c: to advise affected agencies on the operation of any Government Workforce Policy Statement; and
d: to facilitate the operation of any Government Workforce Policy Statement in conjunction with affected agencies. Section 55A inserted 18 July 2013 section 44 State Sector Amendment Act 2013
55B: Government workforce policy
1: The Commissioner may draft government workforce policy and, after consulting the affected agencies and any other parties that the Commissioner considers appropriate, submit it to the Minister for his or her consideration.
2: Government workforce policy must relate to workforce (including employment and workplace) matters for the purpose of fostering a consistent, efficient, and effective approach to such matters across the State sector.
3: Workforce matters may, without limitation, address (in relation to the affected agency or agencies)—
a: the Government's expectations about the negotiation of collective agreements and individual employment agreements in the State services (being expectations that do not determine pay or conditions); and
b: the development of workforce strategy.
4: Government workforce policy must specify the agency or agencies to which it applies, which may be any or all of the following:
a: a department or departments:
b: a Crown agent or Crown agents:
c: an autonomous Crown entity or autonomous Crown entities.
5: The Minister may approve government workforce policy as a Government Workforce Policy Statement.
6: A Government Workforce Policy Statement is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 section 41 Section 55B inserted 18 July 2013 section 44 State Sector Amendment Act 2013 Section 55B(6) replaced 5 August 2013 section 65 State Sector Amendment Act 2013
55C: Government Workforce Policy Statement: process
1: As soon as practicable after the Minister's approval under section 55B(5)
a: send the Government Workforce Policy Statement to the affected agencies; and
b: publish the Government Workforce Policy Statement on an Internet site maintained by, or on behalf of, the Commissioner.
2: A Government Workforce Policy Statement may be amended, revoked, or replaced in the same way as it may be made. Section 55C inserted 18 July 2013 section 44 State Sector Amendment Act 2013
55D: Government Workforce Policy Statement: implementation
1: A department must give effect to a Government Workforce Policy Statement.
2: A Crown agent must give effect to a Government Workforce Policy Statement.
3: An autonomous Crown entity must have regard to a Government Workforce Policy Statement.
4: Despite subsections (1) to (3), a Government Workforce Policy Statement may not—
a: create, alter, or remove employment or other legal rights or obligations; or
b: determine or alter the content of the law applying to employees or chief executives or the Commissioner. Section 55D inserted 18 July 2013 section 44 State Sector Amendment Act 2013
2: Personnel provisions
Subpart 2 heading inserted 18 July 2013 section 44 State Sector Amendment Act 2013
56: General principles
1: The chief executive of a department must—
a: operate a personnel policy that complies with the principle of being a good employer; and
b: make that policy (including the equal employment opportunities programme) available to its employees; and
c: ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report on the extent of its compliance.
2: For the purposes of this section, a good employer
a: good and safe working conditions; and
b: an equal employment opportunities programme; and
c: the impartial selection of suitably qualified persons for appointment (except in the case of ministerial staff)
d: recognition of—
i: the aims and aspirations of the Maori people; and
ii: the employment requirements of the Maori people; and
iii: the need for greater involvement of the Maori people in the Public Service; and
e: opportunities for the enhancement of the abilities of individual employees; and
f: recognition of the aims and aspirations and employment requirements, and the cultural differences, of ethnic or minority groups; and
g: recognition of the employment requirements of women; and
h: recognition of the employment requirements of persons with disabilities.
3: In addition to the requirements, specified in subsections (1) and (2), each chief executive shall ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest.
4: Section 56(1) substituted 25 January 2005 section 10(1) State Sector Amendment Act (No 2) 2004 Section 56(2)﻿(c) amended 18 July 2013 section 45 State Sector Amendment Act 2013 Section 56(2)﻿(f) substituted 25 January 2005 section 10(2) State Sector Amendment Act (No 2) 2004 Section 56(4) repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004
57: Commissioner may set minimum standards of integrity and conduct
1: The Commissioner may set minimum standards of integrity and conduct that are to apply in—
a: the Public Service:
b: all or any Crown entities (except for tertiary education institutions and Crown Research Institutes and any of their subsidiaries)
ba: companies named in Schedule 4A
c: the Parliamentary Counsel Office:
d: the Parliamentary Service.
2: The Commissioner may set those minimum standards by issuing a code of conduct and applying it in accordance with subsection (3), by written notice to the agency or to those concerned
3: The Commissioner may apply a code, with any variations that the Commissioner thinks appropriate in light of the legal, commercial, or operational context, to any of the following:
a: any agency or agencies referred to in subsection (1):
b: any particular persons or groups of persons in relation to an agency or agencies referred to in subsection (1) who—
i: are undertaking particular functions, duties, or powers:
ii: are the board:
iii: are board members:
iv: are office holders:
v: are chief executives:
vi: are employees:
vii: are individuals working as contractors or secondees.
4: The Commissioner's functions include providing advice and guidance to the State services (except Crown Research Institutes and their subsidiaries) on matters, or at times, that affect the integrity and conduct of those within the State services (including, for example, on the interpretation of relevant standards and on the application of a code of conduct in specific cases). 1988 No 20 ss 6(ha) 57C(2) Section 57 substituted 25 January 2005 section 11 State Sector Amendment Act (No 2) 2004 Section 57(1)﻿(b) amended 18 July 2013 section 46(1) State Sector Amendment Act 2013 Section 57(1)﻿(ba) inserted 18 July 2013 section 46(2) State Sector Amendment Act 2013 Section 57(2) amended 31 October 2018 section 14(1) State Sector and Crown Entities Reform Act 2018 Section 57(3) replaced 31 October 2018 section 14(2) State Sector and Crown Entities Reform Act 2018 Section 57(4) inserted 18 July 2013 section 46(3) State Sector Amendment Act 2013 Section 57 compare note inserted 18 July 2013 section 46(4) State Sector Amendment Act 2013
57A: Agencies must comply with minimum standards except in particular circumstances
1: Agencies, persons, and groups of persons must comply with any standards that apply to them under section 57(3)
2: However, an agency referred to in section 57(1)﻿(b) to (d)
a: obtained the prior written approval of its responsible Minister to the derogation; and
b: sent a copy of the approval to the Commissioner.
3: This section does not prevent an agency or a person or a group that apply under section 57(3)
4: Nothing in this section limits or affects any provision of this or any other Act. Section 57A inserted 25 January 2005 section 11 State Sector Amendment Act (No 2) 2004 Section 57A(1) replaced 31 October 2018 section 15(1) State Sector and Crown Entities Reform Act 2018 Section 57A(3) amended 31 October 2018 section 15(2)﻿(a) State Sector and Crown Entities Reform Act 2018 Section 57A(3) amended 31 October 2018 section 15(2)﻿(b) State Sector and Crown Entities Reform Act 2018 Section 57A(4) inserted 31 October 2018 section 15(3) State Sector and Crown Entities Reform Act 2018
57B: Breaches of minimum standards
Section 57B repealed 31 October 2018 section 16 State Sector and Crown Entities Reform Act 2018
57C: Commissioner's powers when setting and enforcing minimum standards
Section 57C repealed 31 October 2018 section 16 State Sector and Crown Entities Reform Act 2018
58: Equal employment opportunities
1: The Commissioner's functions include promoting, developing, and monitoring equal employment opportunities programmes and policies for the Public Service.
2:
3: For the purposes of this section and section 56 equal employment opportunities programme 1988 No 20 s 6(g) Section 58(1) replaced 18 July 2013 section 49(1) State Sector Amendment Act 2013 Section 58(2) repealed 25 January 2005 section 12(1) State Sector Amendment Act (No 2) 2004 Section 58(3) amended 18 July 2013 section 49(2) State Sector Amendment Act 2013 Section 58(3) amended 25 January 2005 section 12(2) State Sector Amendment Act (No 2) 2004 Section 58 compare note inserted 18 July 2013 section 49(3) State Sector Amendment Act 2013
59: Employees of departments
1: In relation to the functions, duties, and powers of a department, the chief executive of the department—
a: may appoint such employees of the department (including acting, temporary, or casual employees) as the chief executive thinks necessary; and
b: may, subject to any conditions of employment included in the employment agreement applying to an employee, at any time remove that employee from his or her office or employment; and
c: has, except as expressly provided to the contrary in this Act, the rights, powers, and duties of an employer in respect of the employees of the department.
2: 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 deemed by this subsection—
a: to have delegated to the chief executive of the departmental agency the following rights, duties, and powers:
i: those described in subsection (1)﻿(a), (b), and (c) and section 69(a) and (c)
ii: those described in sections 60 to 64
iii: those described in sections 82 83
b: not to have those rights, duties, and powers in relation to those employees.
3: The chief executive of a departmental agency may exercise the rights, duties, and powers deemed to have been delegated to him or her under subsection (2) in the same manner, subject to the same restrictions, and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.
4: Appointments under subsection (1)﻿(a) or (2)﻿(a)﻿(i) (except of ministerial staff) are provisional pending the outcome of any review under section 65
5: The chief executive of the department that is responsible for the employment of ministerial staff across all Ministers' offices must have regard to the wishes of the relevant Minister in relation to ministerial staff. Section 59 replaced 18 July 2013 section 50 State Sector Amendment Act 2013
60: Appointments on merit
A chief executive, in making an appointment under this Act, shall give preference to the person who is best suited to the position.
61: Obligation to notify vacancies
Where a chief executive of a department intends to fill a position that is vacant or is to become vacant in the department, the chief executive shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.
61A: Restriction of redundancy payments in certain situations
1: A Public Service employee who has received a notice of redundancy is not entitled to a redundancy payment if, before the employee's employment has ended, the employee either—
a: is offered and accepts another position in the State services (either in the employee's current department or elsewhere in the State services) that—
i: begins before, on, or immediately after the date on which the employee's current employment ends; and
ii: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
iii: is on terms that treat service within the State services as if it were continuous service; or
b: is offered an alternative position
i: begins before, on, or immediately after the date on which the employee's current employment ends; and
ii: is a position with comparable duties and responsibilities to those of the employee's current position; and
iii: is in substantially the same general locality or a locality within reasonable commuting distance; and
iv: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
v: is on terms that treat service within the State services as if it were continuous service.
2: Sections 60 61 65 either position described in subsection (1)
3: This section overrides Part 6A 1988 No 20 ss 30E 30F 61B(1) Section 61A replaced 18 July 2013 section 51 State Sector Amendment Act 2013 Section 61A(2) amended 24 October 2019 section 150 Statutes Amendment Act 2019
61AB: Transitional provision relating to restriction of redundancy payments
1: The new redundancy-related sections do not apply until the expiry of 3 years after the commencement of this section.
2: The old redundancy-related sections continue to apply until immediately before the expiry of 3 years after the commencement of this section.
3: For the purposes of this section,— new redundancy-related sections sections 61A 61B State Sector Amendment Act 2013 old redundancy-related sections sections 30C 30D 30E 30F 61A 61B State Sector Amendment Act 2013 Section 61AB inserted 18 July 2013 section 51 State Sector Amendment Act 2013
61B: Application of employee provisions to transfers of functions between Crown entities and departments
1: The following provisions apply both to a transfer of functions from a Crown entity to a department and to a transfer of functions from a department to a Crown entity:
a: sections 61A 61C
b: sections 30H 30I 61D
i: those sections relate to a collective employment agreement that binds the chief executive of the Crown entity or department before the transfer of the functions; and
ii: that collective employment agreement applies to an employee whose position in the Crown entity or department ceases to exist as a result of the transfer of functions.
2: The sections referred to in subsection (1) apply in respect of the Crown entity or department that functions are transferred from—
a: as if any reference to Department A in those sections were a reference to that Crown entity or department; and
b: with all other necessary modifications. 1988 No 20 s 30D Section 61B replaced 18 July 2013 section 51 State Sector Amendment Act 2013
61C: Union coverage where department ceases to be part of Public Service
When any department or part of any department ceases (other than as a result of its disestablishment
a: the union or unions that had coverage of the employees while that department was part of the Public Service; and
b: the Minister of State Services. Section 61C inserted 19 December 1989 section 14 State Sector Amendment Act (No 2) 1989 Section 61C amended 18 July 2013 section 52 State Sector Amendment Act 2013
61D: Application of collective agreements to employees following reorganisations
1: This section limits which employees may be bound by a collective agreement that—
a: binds the chief executive of Department A before a transfer of functions from Department A to Department B and that, as a consequence of sections 30H 30I collective agreement A
b: binds the chief executive of Department B before that transfer of functions ( collective agreement B
2: After that transfer of functions,—
a: the only employees of Department B who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position in Department B that has been established (whether or not previously existing in Department A) to enable Department B to perform the transferred functions; and
b: the only employees of Department B who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position other than a position referred to in paragraph (a).
3: Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under Part 6 sections 56(1) 57 62(3) 63(3) 243
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise. 1988 No 20 s 30G Section 61D inserted 18 July 2013 section 53 State Sector Amendment Act 2013
62: Acting appointments
1: In the case of absence from duty of any employee (from whatever cause arising) or on the occurrence from any cause of a vacancy in any position in a department (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the employee or pertaining to the position may be exercised and performed by any other employee for the time being directed by the chief executive to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.
2: No such direction and no acts done by any employee acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the employee has not been appointed to any position to which the direction relates. 1962 No 132 s 33
63: Evidence of appointments
1: Any appointment to any office or position in a department shall be made, confirmed, or approved in writing by an instrument or minute by the chief executive or by any person to whom the chief executive has delegated power in that behalf in accordance with section 41
2: A certificate signed by the chief executive that any person named in the certificate was appointed to any office or position in the department from and including a day stated therein shall be sufficient evidence that the person so named was duly so appointed to and continues to hold the office or position unless the contrary is proved. 1962 No 132 s 34
64: Obligation to notify appointments
The chief executive of a department shall notify to the employees within the department every appointment (other than that of an acting, temporary, or casual employee) made by the chief executive to an office or position in the department.
65: Review of appointments
1: The chief executive of each department shall put into place for the department a procedure for reviewing those appointments made within that department that are the subject of any complaint by an employee of that department.
2: The procedure shall be approved by the Commissioner Commissioner
3: Nothing in this section relates to an acting appointment Section 65(2) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 65(3) amended 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004
66: Certain sections do not apply in relation to ministerial staff
Sections 60 61 64 65 Section 66 replaced 18 July 2013 section 54 State Sector Amendment Act 2013
6: Application of Employment Relations Act 2000
Part 6 substituted 15 May 1991 State Sector Amendment Act 1991 Part 6 heading substituted 2 October 2000 section 240 Employment Relations Act 2000
67: Application to Public Service of Employment Relations Act 2000
Except as otherwise provided in this Act, the Employment Relations Act 2000 Section 67 substituted 2 October 2000 section 240 Employment Relations Act 2000
68: Negotiation of conditions of employment
1: The Commissioner is responsible for negotiating under the Employment Relations Act 2000
2: Without limiting subsection (1), it is declared that, for the purposes of initiating bargaining for a collective agreement, good faith bargaining for a collective agreement, and entering into collective agreements,—
a: the Commissioner has the same rights, duties, and obligations under the Employment Relations Act 2000
b: employees of each department affected are to be treated as if they were all employees of the Commissioner.
3: The Commissioner must conduct the negotiations—
a: with a union of which the employees are members; and
b: in consultation with the chief executive of each department affected.
4: Every collective agreement must be entered into between—
a: the Commissioner; and
b: a union of which the employees to whom the collective agreement is applicable are members.
5: Every collective agreement entered into between the Commissioner and a union and relating to employees of a department is binding on—
a: the chief executive of that department; and
b: the employees of that department who are or become members of the union and whose work comes within the coverage clause in the collective agreement.
6: Except as provided in this section, an employer who is bound by a collective agreement under subsection (5) has the rights, obligations, and duties that that employer would have, in respect of that collective agreement, under the Employment Relations Act 2000 Section 68 substituted 2 October 2000 section 240 Employment Relations Act 2000
69: Personal grievances and disputes
Despite the provisions of section 68
a: in relation to a personal grievance, the employer is the chief executive of the department; and
b: in relation to a dispute about the interpretation, application, or operation of any collective agreement, the employer is the chief executive of the department acting, if the Commissioner so requires, together with or in consultation with the Commissioner; and
c: in relation to any other employment relationship problem (within the meaning of the Employment Relations Act 2000 Section 69 substituted 2 October 2000 section 240 Employment Relations Act 2000
70: Delegation of Commissioner's powers
1: The Commissioner may from time to time delegate, in writing, to a chief executive of a department any of the Commissioner's powers under section 68
2: Where the Commissioner, acting under subsection (1), delegates to a chief executive the function, under section 68(1)
3: Nothing in this section limits the provisions of section 23 Section 70 substituted 15 May 1991 State Sector Amendment Act 1991 Section 70(2) substituted 2 October 2000 section 240 Employment Relations Act 2000
71: Compulsory arbitration and agreement not to strike or lock out
Section 71 repealed 15 May 1991 State Sector Amendment Act 1991
72: Contravention of agreement not to strike or lock out
Section 72 repealed 15 May 1991 State Sector Amendment Act 1991
7: Education service
Part 7 repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
73: Application of Employment Relations Act 2000
Section 73 repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
74: Negotiation of conditions of employment
Section 74 repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
74AA: Commissioner's powers when collective agreements are negotiated
Section 74AA repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
74AB: Boards of Trustees indemnified by Commissioner
Section 74AB repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
74AC: Strikes in schools to be notified
Section 74AC repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
74AD: Employers to notify Commissioner about participation in strikes
Section 74AD repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
74A: Personal grievances and disputes
Section 74A repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
74B: Delegation of Commissioner's powers
Section 74B repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
74C: Negotiation of conditions of employment for employees of tertiary education institutions
Section 74C repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
74D: Senior positions at tertiary education institutions
Section 74D repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
75: Actual conditions of employment
Section 75 repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
76: Offence to attempt to influence employer
Section 76 repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77: Immunity for education service chief executives and employees
Section 77 repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77AA: Offence to attempt to influence employer
Section 77AA repealed 15 May 1991 State Sector Amendment Act 1991
77AB: Protection from liability
Section 77AB repealed 15 May 1991 State Sector Amendment Act 1991
7A: Personnel provisions in relation to education service
Part 7A repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77A: General principles
Section 77A repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77B: Code of conduct
Section 77B repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77C: Performance of teachers
Section 77C repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77D: Equal employment opportunities
Section 77D repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77E: Employees of institutions
Section 77E repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77F: Duty to act independently
Section 77F repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77G: Appointments on merit
Section 77G repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77H: Obligation to notify vacancies
Section 77H repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77HA: Restriction of compensation for technical redundancy arising from closure or merger of schools
Section 77HA repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77HB: Appointment of employees following closure or merger of schools
Section 77HB repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77I: Acting appointments
Section 77I repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
7B: Senior appointments in education service
Part 7B repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77IA: Chief executives of institutions
Section 77IA repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77IB: Appointment of chief executive
Section 77IB repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77IC: Reappointment of chief executive
Section 77IC repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77ID: Conditions of employment of chief executive
Section 77ID repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77IE: Removal from office
Section 77IE repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77IF: Acting chief executive
Section 77IF repealed 1 August 2020 section 669(3)﻿(g) Education and Training Act 2020
77J: Appointments of senior staff
Section 77J repealed 15 May 1991 State Sector Amendment Act 1991
77K: Conditions of employment of principals
Section 77K repealed 15 May 1991 State Sector Amendment Act 1991
77L: Conditions of employment of senior staff (other than principals)
Section 77L repealed 15 May 1991 State Sector Amendment Act 1991
77LA: Conditions of employment of senior staff in universities or technical institutes
Section 77LA repealed 15 May 1991 State Sector Amendment Act 1991
77M: Application of Labour Relations Act 1987 in respect of senior positions
Section 77M repealed 15 May 1991 State Sector Amendment Act 1991
78: Choice of procedure
Section 78 repealed 1 October 1989 section 3 State Sector Amendment Act 1989
79: General principles
Section 79 repealed 1 October 1989 section 3 State Sector Amendment Act 1989
80: Equal employment opportunities
Section 80 repealed 1 October 1989 section 3 State Sector Amendment Act 1989
81: Amendments to Education Act 1964
Section 81 repealed 1 October 1989 section 3 State Sector Amendment Act 1989
8: Miscellaneous provisions
82: Medical examinations
A chief executive may require any applicant for appointment to that department, or any employee of the department, to undergo a medical examination, at the expense of the department, by a 1962 No 132 s 67 Section 82 amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
83: Instructions
Subject to this Act and without restricting the powers of a chief executive, a chief executive may from time to time issue instructions that shall be observed by all employees of the department. 1962 No 132 s 73 Superannuation Heading inserted 1 August 1990 section 2 State Sector Amendment Act 1990
84: Interpretation
For the purposes of sections 84A 84B contribute employee employer
a: means a person who pays, or is liable to pay, to any person (being an employee) any earnings as an employer; but
b: means the chief executive of the Ministry (as defined in section 10(1)
i: a State school (as defined in section 10(1) and (9)﻿(b)
ii: a special institution (as defined in section 10(1)
iii: a free kindergarten (as defined in section 10(1)
c: includes any person or organisation whose officers or employees were, immediately before 1 July 1992, entitled to elect or required to become contributors to the Government Superannuation Fund established under the Government Superannuation Fund Act 1956 State services
a: any tertiary education institution:
b: any employer within the meaning of this section superannuation scheme scheme section 6(1) Section 84 substituted 25 January 2005 section 16(1) State Sector Amendment Act (No 2) 2004 Section 84 employer replaced 1 August 2020 section 668 Education and Training Act 2020 Section 84 superannuation scheme scheme replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
84A: Power to establish superannuation schemes for officers and employees
An employer in the State services may—
a: arrange for any superannuation scheme or schemes to be established for its officers or employees (or both):
b: join with another employer (whether or not in the State services) in arranging for any superannuation scheme, or any trust arrangement that is part of a superannuation scheme, to be established for the purpose of providing, or facilitating the provision of, superannuation for its officers or employees (or both):
c: arrange for its officers or employees to become members of any established superannuation scheme:
d: provide arrangements in respect of the superannuation of any individual officer or employee. Section 84A substituted 25 January 2005 section 16(1) State Sector Amendment Act (No 2) 2004
84B: Contributions to superannuation schemes
An employer in the State services may contribute to a superannuation scheme for the purpose of providing retirement benefits to its officers or employees (or both) only if—
a:
b: the scheme provides that the sum of all benefits (including any lump sum payments, annuities, and other benefits) payable from the scheme in respect of any member of the scheme will not exceed the sum of—
i: contributions paid by or on behalf of a member and investment earnings on the contributions; and
ii: any allocations to the member from surplus funds held within the scheme; and
iii: the amount paid in respect of that member from any insurance policy effected for the benefit of members of the scheme; and
c: the trust deed of the scheme defines the rates or amounts (if any) of contributions of the employer or officers or employees; and
d: the trust deed of the scheme entitles the employer to cease contributing to the scheme on behalf of a person if that person ceases to be an officer or employee of the employer; and
e: the benefits provided by the scheme are fully funded as they accrue; and
f: the scheme, if it enables members to withdraw from the scheme, enables withdrawing members to transfer to other superannuation schemes the value (as determined in accordance with the terms of the scheme) of the benefits attributable to that person's membership of the scheme up to the date of withdrawal; and
g: the scheme enables any person who becomes an officer or employee of that employer, if the employer agrees to contribute to the scheme on that person's behalf, to become a member of the scheme and to transfer to the scheme the value of the benefits attributable to that person's membership of other superannuation schemes; and
h: the trust deed of the scheme does not permit amendments to be made to the scheme that would result in any provision of paragraphs (a) to (g) ceasing to apply to the scheme. Section 84B(a) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
84C: Obligation to obtain confirmation from Government Actuary that scheme meets requirements
Section 84C repealed 25 January 2005 section 16(1) State Sector Amendment Act (No 2) 2004
84D: Contributions to superannuation schemes
Section 84D repealed 25 January 2005 section 16(1) State Sector Amendment Act (No 2) 2004
85: Offence to attempt to influence
Commissioner
1: Every person commits an offence against this section who directly or indirectly solicits or endeavours to influence the Commissioner or any chief executive Commissioner section 23 section 41 section 5 section 33
2: Every person who commits an offence against this section is liable on
3: Nothing in this section shall apply to any person giving information or advice or making representations to the Commissioner Commissioner Commissioner
4: Nothing in this section shall be construed so as to prevent any organisation, being an organisation representing employees or any class or classes thereof, from making representations to the Commissioner Commissioner
5: Nothing in this section shall be construed so as to prevent the Commissioner Commissioner 1962 No 132 s 76 1964 No 57 s 7 1978 No 37 s 9 Section 85 heading amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 85(1) amended 18 July 2013 section 57 State Sector Amendment Act 2013 Section 85(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 85(3) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 85(4) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989 Section 85(5) amended 19 December 1989 section 33(1) State Sector Amendment Act (No 2) 1989
86: Immunity for Public Service chief executives and employees
1: Public Service chief executives and employees are immune from liability in civil proceedings for good-faith actions or omissions in pursuance or intended pursuance of their duties, functions, or powers.
2: See also section 6 Section 86 replaced 18 July 2013 section 58 State Sector Amendment Act 2013
87: Amendments to other enactments
The enactments specified in Schedule 5
88: Repeals and transitional provision
1: The enactments specified in Schedule 6
2: Every reference in any other enactment to the State Services Act 1962 State Services Conditions of Employment Act 1977
3: The entitlement of an officer or employee in the State services under any superannuation arrangement that applied to that officer or employee on 25 January 2005 is not affected by—
a: the repeal of sections 84 to 84D and the substitution of sections 84 to 84B section 16(1)
b: the amendments to Acts that are contained in Schedule 6 Section 88(3) inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017
89: Revocations
The regulations and orders specified in Schedule 7
90: Consequential amendments in relation to repeal of State Services Act 1962 and State Services Conditions of Employment Act 1977
Unless in any case the context otherwise requires, and subject to the provisions of this Act, in any other enactment or in any regulations or in any instrument—
a: every reference to the State Services Act 1962 State Services Conditions of Employment Act 1977
b: every reference to an officer, probationer, wage-worker, or temporary employee under the State Services Act 1962
c: every reference to the Chairman of the State Services Commission shall be read as a reference to the State Services Commissioner
d: every reference to a permanent head shall be read as a reference to a chief executive:
e: every reference to a matter being determined under the State Services Conditions of Employment Act 1977 Section 90(c) amended 19 December 1989 section 33(3) State Sector Amendment Act (No 2) 1989 Transitional provisions and savings
91: Transitional provisions for permanent heads
Section 91 repealed 18 July 2013 section 59 State Sector Amendment Act 2013
92: Transitional provisions for senior executive service
Section 92 repealed 25 January 2005 section 19(2) State Sector Amendment Act (No 2) 2004
93: Transitional provisions in respect of appointments to Public Service
Every person who, at the commencement of this Act, holds any position in the Public Service shall continue to hold that position as if that person had been appointed under this Act.
94: Identical conditions of employment in respect of State services
1: The terms and conditions of employment of every person who, at the commencement of this Act, holds any position in the State services shall, on 1 April 1988 (and thereafter until varied) be identical with the terms and conditions of that person's employment in the State services immediately before 1 April 1988.
2: Notwithstanding anything in subsection (1), no provision of any repealed Act that is inconsistent with any express provision of this Act shall, by virtue of that subsection, continue to have effect.
95: Awards and agreements
Every award and every agreement relating to the terms and conditions of employment of employees in the State services which was in force immediately before the commencement of this Act shall continue in force after the commencement of 1 April 1988 notwithstanding any of the other provisions of this Act. Any such award or agreement shall have effect according to its tenor.
96: Determinations and orders
Section 96 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
97: Clauses relating to disputes of rights and personal grievances
Section 97 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
98: Expiry date of determinations and orders
Section 98 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
99: Mandatory registration
Section 99 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
100: Recognition of service organisations as unions
Section 100 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
101: Union rules
Section 101 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
102: Deferring operation of sections of the Labour Relations Act 1987
Section 102 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
103: Union membership
Section 103 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
104: Causes of action
Section 104 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
105: Rights of employees of Public Service
Section 105 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
106: Application of repealed provisions
1: The following provisions of the State Services Act 1962
a: sections 22 to 26
b: sections 28 to 31
c: sections 32 to 39
d: sections 44 to 49
e: sections 51 to 60
f: Parts 4 and 5 shall continue to apply for the purposes of this Act only to the extent that they are expressly referred to and expressly applied by this Act or any other Act.
2: Where, before the commencement of this Act, any person was required by or under any Act or instructions, in force at the commencement of this Act, to retire from any office or employment on attaining a specified age, nothing in this Act entitles that person to continue in that office or employment after attaining that age.
107: Grading reviews of employees of Public Service
Section 107 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
108: Appeal rights of employees of Public Service
Section 108 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
109: Apprenticeships preserved
Section 109 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
110: Provisions relating to Commission
1: Every reference in any enactment or document to the Public Service Commissioner or to the Public Service Commission or to the office of either of them shall, after the commencement of this Act, unless the context otherwise requires, be read as references to the State Services Commission under this Act or the Office of the State Services Commission, as the case may be.
2: Every reference to the State Services Commission in any enactment passed or document made before or after the passing of this Act shall, unless the context otherwise requires, be read as a reference to the State Services Commission continued by this Act.
3:
4: Section 110(3) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 Section 110(4) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
111: General liabilities of Commission
1: All references to the Commission in any manual, or document whatever (not being an enactment) that is subsisting immediately before the commencement of this Act, shall, unless the Commission declares otherwise, be read as a reference to the appropriate department or chief executive, as the case may require.
2: All contracts, engagements, and liabilities and all rights and authorities of any nature whatever that, immediately before the commencement of this Act, existed between an individual in the Public Service and the Commission shall, unless the context otherwise requires, continue to exist as if the chief executive of the department in which the individual is employed were the Commission.
112: Savings
Section 112 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017