Clerk of the House of Representatives Act 1988

1: Short Title and commencement
1: This Act may be cited as the Clerk of the House of Representatives Act 1988.
2: This Act shall come into force on 1 August 1988. Clerk of the House of Representatives
2: Clerk of the House of Representatives
There shall from time to time be appointed, as an officer of the House of Representatives, a Clerk of the House of Representatives.
3: Functions of Clerk of the House of Representatives
The functions of the Clerk of the House of Representatives shall be—
a: to note all proceedings of the House of Representatives and of any committee of the House:
b: to carry out such duties and exercise such powers as may be conferred on the Clerk of the House of Representatives by law or by the Standing Orders and practice of the House of Representatives:
c: to act as the principal officer of the Office of the Clerk of the House of Representatives and, in that capacity, to manage that office efficiently, effectively, and economically:
d: to ensure that the members of the staff of the Office of the Clerk of the House of Representatives carry out their duties (including duties imposed on them by law or by the Standing Orders or practice of the House of Representatives) and maintain—
i: proper standards of integrity and conduct; and
ii: concern for the public interest:
e: to be responsible, under the direction of the Speaker of the House of Representatives, for the official report of the proceedings of the House of Representatives and its committees. Section 3(e) added 1 February 1992 Parliamentary Service Amendment Act 1991 Deputy Clerk of the House of Representatives
4: Deputy Clerk of the House of Representatives
There shall from time to time be appointed, as an officer of the House of Representatives and as a member of the staff of the Office of the Clerk of the House of Representatives, a Deputy Clerk of the House of Representatives.
5: Functions of Deputy Clerk of the House of Representatives
1: Subject to the control of the Clerk of the House of Representatives, the Deputy Clerk of the House of Representatives shall perform such general official duties (including the exercise of functions, duties, and powers of the Clerk of the House of Representatives) as are for the time being assigned to the Deputy Clerk by the Clerk of the House of Representatives.
2: On the occurrence from any cause of a vacancy in the office of Clerk of the House of Representatives (whether by reason of death, resignation, or otherwise) and in the case of absence from duty of the Clerk of the House of Representatives (from whatever cause arising), and so long as any such vacancy or absence continues, the Deputy Clerk of the House of Representatives shall have and may exercise all the functions, duties, and powers of the Clerk of the House of Representatives.
3: The fact that the Deputy Clerk of the House of Representatives exercises any function, duty, or power of the Clerk of the House of Representatives shall be conclusive evidence of the authority of the Deputy Clerk to do so. Acting Clerk of the House of Representatives
6: Acting Clerk of the House of Representatives
1: In the event of both the Clerk of the House of Representatives and the Deputy Clerk of the House of Representatives being unable for any reason (including a vacancy in either office or vacancies in both offices) to carry out their duties, the Speaker of the House of Representatives may appoint any other person to act as the Clerk of the House of Representatives for the time being; and any person so appointed shall, so long as his or her appointment continues, have all the powers and functions of the Clerk of the House of Representatives.
2: Notwithstanding subsection (1), if the absence from duty or other inability to perform the functions of the office
3: Notwithstanding subsections (1) and (2), where—
a: both the Clerk of the House of Representatives and the Deputy Clerk of the House of Representatives are unable for any reason (including a vacancy in either office or vacancies in both offices) to carry out their duties; and
b: there is no Speaker of the House of Representatives or the Speaker of the House of Representatives is absent from New Zealand or is for any reason unable to carry out the duties of the office of Speaker of the House of Representatives,— the Governor-General may appoint a person to act as the Clerk of the House of Representatives while both the Clerk of the House of Representatives and the Deputy Clerk of the House of Representatives are unable to carry out their duties. Section 6(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Provisions relating to Clerk and Deputy Clerk of the House of Representatives
7: Appointment of Clerk and Deputy Clerk of the House of Representatives
The Clerk of the House of Representatives and the Deputy Clerk of the House of Representatives shall each be appointed by the Governor-General on the recommendation of the Speaker of the House of Representatives after consultation by the Speaker with—
a: the Prime Minister; and
b: the Leader of the Opposition; and
c: such other members of the House of Representatives as the Speaker considers desirable.
8: Remuneration and conditions of employment
1: The remuneration of the Clerk of the House of Representatives and the remuneration of the Deputy Clerk of the House of Representatives shall be determined from time to time by the Remuneration Authority under the Remuneration Authority Act 1977
2: Except as otherwise provided in this Act, the terms and conditions of employment of the Clerk of the House of Representatives and the terms and conditions of employment of the Deputy Clerk of the House of Representatives shall be determined from time to time by the Speaker of the House of Representatives. Section 8(1) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002
9: Prohibition on holding other office
A person who holds the office of Clerk of the House of Representatives or the office of Deputy Clerk of the House of Representatives shall not be capable of being a member of Parliament, and shall not, without the approval of the Speaker of the House of Representatives in each particular case, hold any office of trust or profit, other than that person's office as Clerk of the House of Representatives or Deputy Clerk of the House of Representatives, or engage in any occupation for reward outside the office of Clerk of the House of Representatives or Deputy Clerk of the House of Representatives.
10: Term of office
1: Subject to section 11(1)
2: Where the term for which any person has been appointed as Clerk of the House of Representatives or Deputy Clerk of the House of Representatives expires, that person, unless sooner vacating or removed from office under section 11
a: that person is reappointed; or
b: a successor to that person is appointed.
11: Vacation of office
1: Any person who holds the office of Clerk of the House of Representatives or the office of Deputy Clerk of the House of Representatives may at any time resign the office by writing addressed to the Speaker of the House of Representatives, or to the Governor-General if there is no Speaker or the Speaker is absent from New Zealand or is for any reason unable to carry out the duties of the office of Speaker, and shall so resign the office on attaining the age of 68 years.
2: The Clerk of the House of Representatives or the Deputy Clerk of the House of Representatives may at any time be removed or suspended from office by the Governor-General, upon an address from the House of Representatives, for inability to perform the functions of the office
3: At any time when Parliament is not in session, the Clerk of the House of Representatives or the Deputy Clerk of the House of Representatives may be suspended from office by the Governor-General for inability to perform the functions of the office Section 11(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 11(3) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
12: Delegation of functions or powers
1: The Clerk of the House of Representatives may delegate any of the Clerk’s functions or powers to a person described in subsection (1A), including a function or power delegated to the Clerk under—
a: this Act; or
b: any other Act; or
c: the Standing Orders of the House of Representatives.
1A: The following persons may be a delegate:
a: the Deputy Clerk, or other officer, of the House of Representatives:
b: the Chief Executive of the Parliamentary Service:
c: an employee of the Parliamentary Service:
d: a person working for the Clerk of the House of Representatives or the Parliamentary Service as a contractor or secondee.
1B: A delegation must be made in writing.
2: Subject to any general or special directions given or conditions imposed by the Clerk of the House of Representatives, 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.
3: 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.
4: 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.
5: No such delegation shall affect or prevent the exercise of any function or power by the Clerk of the House of Representatives, nor shall any such delegation affect the responsibility of the Clerk of the House of Representatives for the actions of any person acting under the delegation. Section 12(1) replaced 17 November 2019 section 4 Parliamentary Agencies Delegations Legislation Act 2019 Section 12(1A) inserted 17 November 2019 section 4 Parliamentary Agencies Delegations Legislation Act 2019 Section 12(1B) inserted 17 November 2019 section 4 Parliamentary Agencies Delegations Legislation Act 2019
13: Revocation of delegations
1: Every delegation under section 12
2: Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that the Clerk of the House of Representatives 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 Clerk of the House of Representatives. Office of the Clerk of the House of Representatives
14: Establishment of Office
There is hereby established as an Office of the House of Representatives an office to be called the Office of the Clerk of the House of Representatives.
15: Principal officer
The Clerk of the House of Representatives shall be the principal officer of the Office of the Clerk of the House of Representatives.
16: Responsibility of Clerk
The Clerk of the House of Representatives shall be responsible to the Speaker of the House of Representatives, on behalf of the House, for the efficient, effective, and economic management of the Office of the Clerk of the House of Representatives.
17: Functions of
Public Service Commissioner
1: The Public Service Commissioner Public Service Commissioner section 44
1A: The Public Service Commissioner
2: For the purposes of this section, section 44
3:
4: Section 17 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 17(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 17(1A) inserted 18 July 2013 section 63(4) State Sector Amendment Act 2013 Section 17(1A) amended 7 August 2020 section 135 Public Service Act 2020 Section 17(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 17(3) repealed 7 August 2020 section 107 Public Service Act 2020 Section 17(4) repealed 7 August 2020 section 107 Public Service Act 2020 Other officers of the House of Representatives
18: Appointment of staff
The Clerk of the House of Representatives may from time to time appoint, as officers of the House of Representatives and as members of the staff of the Office of the Clerk of the House of Representatives, such employees (including acting or temporary or casual employees) as the Clerk of the House of Representatives thinks necessary for the efficient exercise of the functions of the Clerk.
19: Appointments on merit
The Clerk of the House of Representatives, in making an appointment under section 18
20: Obligation to notify vacancies
Where the Clerk of the House of Representatives intends to fill a position that is vacant or is to become vacant in the Office of the Clerk of the House of Representatives, the Clerk of the House of Representatives shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.
21: Obligation to notify appointments
The Clerk of the House of Representatives shall notify the members of the staff of the Office of the Clerk of the House of Representatives of every appointment (other than that of an acting, temporary, or casual employee) made to the staff of that Office.
22: Review of appointments
1: The Clerk of the House of Representatives shall establish section 18
2: The procedure shall be approved by the Speaker of the House of Representatives before being established.
3: The Clerk of the House of Representatives may from time to time, Section 22(1) amended 7 August 2020 section 108(1) Public Service Act 2020 Section 22(3) amended 7 August 2020 section 108(2) Public Service Act 2020
23: Removal from office
The Clerk of the House of Representatives may, subject to any conditions of employment included in any award or agreement, remove any employee appointed under section 18
24: Employment principles
The Clerk of the House of Representatives shall operate a personnel policy that complies with the principle of being a good employer by following, subject to this Act, as closely as possible and as if he or she were the chief executive of a department, the provisions of sections 73 74 Section 24 amended 7 August 2020 section 135 Public Service Act 2020 Employment relations Heading substituted 2 October 2000 section 240 Employment Relations Act 2000
25: Application of Employment Relations Act 2000
Except as otherwise provided in section 26 Employment Relations Act 2000 section 18 Section 25 substituted 2 October 2000 section 240 Employment Relations Act 2000
26: Negotiation of conditions of employment
1: The Clerk of the House of Representatives must negotiate under the Employment Relations Act 2000 section 18
2: The Clerk of the House of Representatives must conduct the negotiations with a union of which employees are members.
3: In this section, union section 5 Section 26 substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 26(2) replaced 7 August 2020 section 109 Public Service Act 2020 State sector Heading repealed 15 May 1991 Employment Contracts Act 1991
27: Application of provisions of State Sector Act 1988
Section 27 repealed 15 May 1991 Employment Contracts Act 1991 Government service
28: Government service
1: For the purposes of the Government Superannuation Fund Act 1956
2: Where any person who is appointed under this Act as an officer of the House of Representatives is, at the date of that person's appointment, an officer of the State services, the period of that person's service as an officer of the House of Representatives appointed under this Act shall be deemed to be continuous service in that branch of the State services in which that person was employed at that date for the purposes of—
a: the Government Superannuation Fund Act 1956
b: entitlement to leave of absence.
3: No person shall be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 Section 28(3) amended 7 August 2020 section 135 Public Service Act 2020 Financial provisions
29: Money to be appropriated by Parliament for purposes of this Act
All salaries and allowances and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose.
30: Audit
The Office of the Clerk of the House of Representatives is a public entity as defined in section 4 Section 30 substituted 1 July 2001 section 53 Public Audit Act 2001 Official information
31: Right of access to personal information
1: Part 4
2: Section 35 Transitional provisions
32: Transitional provisions
1: The person holding office immediately before 1 August 1988 as the Clerk of the House of Representatives shall be deemed to have been appointed to that office under this Act for a term of 7 years beginning on 1 August 1988.
2: The person holding office immediately before 1 August 1988 as the Deputy Clerk of the House of Representatives shall be deemed to have been appointed to that office under this Act for a term of 7 years beginning on 1 August 1988.
3: The persons (other than the Deputy Clerk of the House of Representatives) who, immediately before 1 August 1988, hold office (whether or not in an acting capacity) under section 26 of the Parliamentary Service Act 1985 section 18
4: Any person who, immediately before 1 August 1988, holds office (whether or not in an acting capacity) as the Director of the Select Committee Office or as a Senior Committee Secretary or as a Committee Secretary or as an Assistant Committee Secretary and who is an employee of the Parliamentary Service, shall be deemed to have been appointed to office under section 18
5: Any other person who, immediately before 1 August 1988, is an employee of the Parliamentary Service and who, on or after 1 August 1988 but before the close of 31 August 1988, is informed in writing by the Speaker of the House of Representatives that that person is to be transferred to the staff of the Office of the Clerk of the House of Representatives shall, if that person has agreed to be so transferred, be transferred accordingly and shall become, as from the close of the day on which that person is so informed in writing of his or her transfer, a member of that staff.
6: The terms and conditions of employment of the persons to whom subsections (1) to (5) apply shall, on 1 August 1988 or, in the case of a person to whom subsection (5) applies, on the date on which that person becomes a member of the staff of the Office of the Clerk of the House of Representatives, (and thereafter until varied or superseded) be, except as amended by this Act, identical with the terms and conditions of that person's employment immediately before 1 August 1988 or the date on which that person became a member of the staff of the Office of the Clerk of the House of Representatives.
7: Nothing in subsection (6) prevents any terms or conditions of employment continued in force by that subsection from being varied or superseded by a determination under the Remuneration Authority Act 1977 Section 32(7) amended 1 April 2003 section 4(1) Remuneration Authority (Members of Parliament) Amendment Act 2002 Amendments to other Acts Heading repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000
33: Amendments to Parliamentary Service Act 1985
Section 33 repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000
34: Amendment to Constitution Act 1986
Section 34 repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000