Public Service Act 2020

1: Title
This Act is the Public Service Act 2020.
2: Commencement
1: Section 90
2: Section 133(1)
3: The rest of this Act comes into force on the day after the date of Royal assent.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
1: Provisions for operation of Act
3: Purposes of this Act
The purposes of this Act are—
a: to continue the public service and modernise its operation, while recognising and enhancing the non-legislative conventions that it operates under:
b: to set out the shared purpose, principles, and values of the public service and the people working in it:
c: to establish organisational forms and ways of working, including across public service agencies, to achieve better outcomes for the public:
d: to extend some provisions of this Act that apply to the public service to other State services and other areas of government:
e: to affirm that the fundamental characteristic of the public service is acting with a spirit of service to the community. 1988 No 20 s 1A
4: Guide to this Act
1: The provisions of this Act apply mainly to the public service, which includes public service agencies and Crown agents (for the latter, this is for the purposes of subparts 2 4 see section 10
2: Part 1 New Zealand Bill of Rights Act 1990
3: Part 2
4: Part 3 Part 3
5: Part 4
6: Part 5
7:
8: This guide is for explanation only and does not affect the provisions referred to in it. Section 4(7) repealed 6 February 2021 section 133(1)
5: Interpretation
In this Act, unless the context otherwise requires,— appropriate Minister
a: the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for that agency, chief executive, or system leader; or
b: if 2 or more Ministers of the Crown, under the authority of any warrant or with the authority of the Prime Minister,—
i: are responsible for different functions of that agency, chief executive, or system leader, the Minister responsible for the relevant function of the agency, chief executive, or system leader; or
ii: are jointly responsible for that agency, chief executive, or system leader, both or all of those Ministers collective agreement
a: 1 or more unions; and
b: 1 or more employers; and
c: 2 or more employees Commission Commissioner section 42 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 agent Part 1 Crown entity section 7 Crown Research Institute Crown Research Institutes Act 1992 Crown Entities Act 2004 department Part 1 see also departments sections 26(3) 33(3) see also sections 6 7 departmental agency Part 2 Deputy Commissioner section 47 education service section 10(7) employee
a: means an employee in any State services agency, whether paid by salary, wages, or otherwise; but
b: does not include any chief executive employee of a department employee of the department section 65 employee of an interdepartmental venture employee of the interdepartmental venture section 65 employment agreement
a: means a contract of service; and
b: includes an employee’s terms and conditions of employment in—
i: a collective agreement; or
ii: a collective agreement together with any additional terms and conditions of employment; or
iii: an individual employment agreement fees framework functional chief executive section 51(5) see section 51(3) Schedule 5 host department individual employment agreement interdepartmental executive board Part 3 interdepartmental venture Part 4 medical practitioner section 114(1)﻿(a) Minister ministerial staff
a: by the department or interdepartmental venture 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 public service agency Example
Minister A’s ministerial staff includes some staff on events-based agreements. An event that could terminate the events-based agreements of those staff is if Minister A no longer held a ministerial portfolio. Office of Parliament section 2(1) public service section 10 public service agency section 10(a) public service chief executive chief executive clause 11 see also chief executives sections 29(7) 36(5) public service employee
a: for the purposes of sections 13 22
b: for all other purposes in this Act, has the meaning given in section 65 public service leader public service leaders public service leadership team section 59 public service principles section 12 public service values section 16 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 Executive Government of New Zealand, whether public service agencies, bodies corporate, agencies, or other instruments; and
b: includes Crown entities; and
c: includes organisations named or described in Schedule 4 Schedule 4A
d: includes the education service; but
e: does not include—
i: the Governor-General; or
ii: members of the Executive Council; or
iii: Ministers of the Crown; or
iv: members of Parliament; or
v: organisations listed in Schedule 1
vi: tertiary education institutions; or
vii: Offices of Parliament; or
viii: the Office of the Clerk of the House of Representatives; or
ix: the Parliamentary Service tertiary education institution institution section 10(1) union Part 4 1988 No 20 ss 2 27A(1)
6: References to departments in enactments
1: A reference in any other enactment to a department (however worded) includes—
a: an interdepartmental venture; and
b: a departmental agency; and
c: an interdepartmental executive board.
2: A reference in any other enactment to a chief executive of a department (however worded) includes—
a: the board of an interdepartmental venture; and
b: the chief executive of a departmental agency; and
c: an interdepartmental executive board.
3: This section may apply even if the enactment expressly refers to the definition of department in this Act or in section 5
7: Circumstances where section 6 does not apply
1: Section 6
a: the enactment containing the reference provides otherwise; or
b: the context of the enactment containing the reference requires a different interpretation; or
c: the definition of department in the Legislation Act 2019
2: The Governor-General may, by Order in Council, specify in relation to any particular enactment that all or any of the provisions of section 6(1) and (2)
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
8: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 1988 No 20 s 2B
9: Act binds the Crown
This Act binds the Crown.
2: Public service defined, purpose, public service principles, and spirit of service to community
Public service defined
10: Public service defined
In this Act, the public service
a: means public service agencies, which are—
i: departments:
ii: departmental agencies:
iii: interdepartmental executive boards:
iv: interdepartmental ventures; and
b: includes Crown agents for the purposes of this subpart and subpart 4 1988 No 20 s 27 Purpose, public service principles, and spirit of service to the community
11: Purpose
The public service supports constitutional and democratic government, enables both the current Government and successive governments to develop and implement their policies, delivers high-quality and efficient public services, supports the Government to pursue the long-term public interest, facilitates active citizenship, and acts in accordance with the law. 1988 No 20 s 1A
12: Public service principles
1: In order to achieve the purpose in section 11 public service principles Politically neutral
a: to act in a politically neutral manner; and Free and frank advice
b: when giving advice to Ministers, to do so in a free and frank manner; and Merit-based appointments
c: to make merit-based appointments (unless an exception applies under this Act); and Open government
d: to foster a culture of open government; and Stewardship
e: to proactively promote stewardship of the public service, including of—
i: its long-term capability and its people; and
ii: its institutional knowledge and information; and
iii: its systems and processes; and
iv: its assets; and
v: the legislation administered by agencies.
2: Public service chief executives are responsible for—
a: upholding the public service principles when carrying out their responsibilities and functions; and
b: ensuring that the agencies they lead or carry out some functions within also do so.
3: Interdepartmental executive boards are responsible for upholding the public service principles when carrying out their responsibilities and functions.
4: The boards of interdepartmental ventures are responsible for—
a: upholding the public service principles when carrying out their responsibilities and functions; and
b: ensuring that the interdepartmental ventures they lead also do so.
5: A chief executive, an interdepartmental executive board, and a board of an interdepartmental venture are responsible only to the Commissioner for carrying out the responsibility to uphold the public service principles under subsections (2) to (4).
6: Boards of Crown agents are responsible for ensuring that the entities they govern uphold the public service principles when carrying out their functions.
7: The responsibility of a board of a Crown agent under subsection (6) is a collective duty of the board under the Crown Entities Act 2004 section 58
13: Spirit of service to community
1: The fundamental characteristic of the public service is acting with a spirit of service to the community.
2: Public service leaders, interdepartmental executive boards, boards of interdepartmental ventures, and boards of Crown agents must preserve, protect, and nurture the spirit of service to the community that public service employees bring to their work.
3: The responsibility of a board of a Crown agent under subsection (2) is a collective duty of the board under the Crown Entities Act 2004 section 58
3: Crown’s relationships with Māori
14: Crown’s relationships with Māori
1: The role of the public service includes supporting the Crown in its relationships with Māori under the Treaty of Waitangi (te Tiriti o Waitangi).
2: The public service does so by the Commissioner, public service chief executives, interdepartmental executive boards, and boards of interdepartmental ventures having responsibility for—
a: developing and maintaining the capability of the public service to engage with Māori and to understand Māori perspectives:
b: in the employment area,—
i: in the case of the Commissioner, recognising the matters listed in section 73(3)﻿(d) section 61
ii: in the cases of chief executives and boards, operating an employment policy that meets the requirements of section 73(3)﻿(d)
15: Who responsibilities are owed to, how these apply, and reporting to Commissioner
1: A person or board is responsible under section 14
a: in the case of the Commissioner, only to the Minister:
b: in the case of a chief executive who leads a department or departmental agency or a functional chief executive, only to the appropriate Minister for the agency or functional chief executive:
c: in the case of an interdepartmental executive board or a board of an interdepartmental venture, only to the appropriate Minister for the board or venture.
2: A person or board has the responsibilities in section 14
a: in the case of the Commissioner, in relation to the Commissioner’s functions and responsibilities:
b: in the case of a chief executive who leads a department or departmental agency, in relation to the operation of that agency:
c: in the case of a functional chief executive, in relation to their particular functions:
d: in the case of an interdepartmental executive board or a board of an interdepartmental venture, in relation to the operation of that board or venture.
3: Chief executives, interdepartmental executive boards, and boards of interdepartmental ventures must report to the Commissioner on progress made towards achieving the responsibilities listed in section 14(2)
4: Public service values, minimum standards of integrity and conduct, and New Zealand Bill of Rights Act 1990
Public service values and minimum standards of integrity and conduct
16: Public service values
1: The public service values Impartial
a: to treat all people fairly, without personal favour or bias: Accountable
b: to take responsibility and answer for its work, actions, and decisions: Trustworthy
c: to act with integrity and be open and transparent: Respectful
d: to treat all people with dignity and compassion and act with humility: Responsive
e: to understand and meet people’s needs and aspirations.
2: The public service values are given effect to only through minimum standards set by the Commissioner.
17: Commissioner may set minimum standards of integrity and conduct
1: The Commissioner may set minimum standards of integrity and conduct, including standards relating to—
a: the public service values:
b: the public service principles.
2: Those minimum standards may apply in or to—
a: the public service (including Crown agents):
b: Crown entities (other than Crown agents and excluding tertiary education institutions, and Crown Research Institutes and their subsidiaries):
c: companies named in Schedule 4A
d: the Parliamentary Counsel Office.
3: The Commissioner may vary the application of minimum standards, as the Commissioner thinks fit, in light of the legal, commercial, or operational context, in or to any of the following:
a: 1 or more of the agencies in the categories listed in subsection (2):
b: particular individuals or groups in 1 or more of those agencies who—
i: are carrying out particular functions:
ii: are a 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: When applying or varying the application of a minimum standard, the Commissioner must consult on the proposed content of that standard with all agencies in or to which it will apply.
5: Minimum standards and variations must be in writing but may be set out in any form that the Commissioner thinks fit.
6: All minimum standards must be notified to the agencies in or to which they apply and, if the Commissioner varies the application of a standard in any case, the variation must also be notified to the agency concerned.
7: The Commissioner may also provide advice to agencies in the State services (except Crown Research Institutes and their subsidiaries) on matters that affect the integrity and conduct of individuals (including, for example, the interpretation of minimum standards in particular cases). 1988 No 20 s 57
18: Agencies must comply with minimum standards unless exception granted
1: Agencies, individuals, and groups must comply with the minimum standards set under section 17
2: However, an agency covered by section 17(2)﻿(b) to (d)
a: the Commissioner; or
b: the appropriate Minister, however, the exception does not operate until a copy of it has been given to the Commissioner.
3: An exception must be in writing.
4: This section does not prevent an agency, an individual, or a group from applying to themselves additional or detailed standards that are consistent with the standards set by the Commissioner. 1988 No 20 s 57A
19: Guidance on integrity and conduct
1: The Commissioner may issue guidance on integrity and conduct for the agencies referred to in section 17(2)
2: The guidance may relate to minimum standards set under section 17
3: Guidance must be in writing and notified to the agencies in or to which it applies.
20: Required content of guidance on political neutrality
1: If guidance issued under section 19
a: the right to freedom of expression; and
b: the responsibilities of individuals who have obligations as a member of a profession.
2: In this section, profession
21: Status of minimum standards and guidance
Section 21 repealed 28 October 2021 section 3 Secondary Legislation Act 2021 New Zealand Bill of Rights Act 1990
22: Rights and freedoms of public service employees
1: This section acknowledges that public service employees have all the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990
2: Accordingly, that Act (along with any other enactment that provides for the exercise or enforcement of those rights and freedoms, including the Human Rights Act 1993
2: Public service agencies and joint operational agreements
1: Public service agencies
Departments and departmental agencies
23: Establishment and reorganisations of departments and departmental agencies
1: The Governor-General may, by Order in Council,—
a: if a department or a departmental agency is established or disestablished or if its name is changed, insert an item into, or repeal or amend an item in, Part 1 2
b: if the host department, or the name of the host department, of a departmental agency is changed, amend an item in Part 2
c: if a working arrangement referred to in section 24(2) Part 2
2: An order relating to the establishment of a departmental agency must—
a: identify the department that will be the host department of the departmental agency; and
b: if either or both of the working arrangements referred to in section 24(2)
3: The making of an order under this section does not remove the need for a department or departmental agency established by an Act to be disestablished or have its name changed by an Act.
4: An order under this section is secondary legislation ( see Part 3 1988 No 20 s 30A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24: Functions, duties, and powers and working arrangements of departmental agencies
1: The functions, duties, and powers of a new or an existing departmental agency may be determined or altered by the appropriate Minister for the agency and the appropriate Minister for its host department, except as provided in this Act or another enactment.
2: Those Ministers may also decide that 1 or both of the following working arrangements will apply to a new or an existing departmental agency or will no longer apply:
a: the chief executive of the departmental agency may operate outside the strategic and policy framework of the host department:
b: the chief executive of the departmental agency may manage assets and liabilities.
3: The Ministers may decide that a working arrangement will apply only if they are reasonably satisfied that this is necessary or desirable for the agency to perform its functions or will no longer apply only if they are reasonably satisfied that this is no longer the case.
4: Other working arrangements between a departmental agency and its host department must be agreed between the respective chief executives and agreed by the Commissioner.
5: A host department must provide corporate services to a departmental agency, except to the extent that any variation is agreed between the chief executives of both agencies.
6: See section 52(2) and (3) 1988 No 20 s 27B Interdepartmental executive boards
25: Purposes
The purposes of interdepartmental executive boards are—
a: to align and co-ordinate strategic policy, planning, and budgeting activities for 2 or more departments with responsibilities in a subject matter area:
b: to support those departments to undertake priority work in the subject matter area:
c: to support cross-department initiatives in the subject matter area.
26: Establishment and reorganisations of interdepartmental executive boards
1: The Governor-General may, by Order in Council,—
a: if an interdepartmental executive board is established or disestablished or if its name is changed, insert an item into, or repeal or amend an item in, Part 3
b: if the servicing department, or the name of the servicing department, of a board is changed, amend an item in Part 3
c: if the departments in a board’s remit change or the name of a department in the remit is changed, remove or insert the name of a department from or into, or amend an item in, Part 3
2: An order relating to the establishment of a board must—
a: state the name of the board; and
b: list the departments with responsibilities in the subject matter area in which the board will work (the board’s remit
c: identify the department that will be the servicing department of the board; and
d: when establishing a board for the first time, delete the words immediately below the table in Part 3
3: In section 25 departments
4: An order under this section is secondary legislation ( see Part 3 1988 No 20 s 30A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 26(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
27: Responsibilities, powers, and working arrangements of interdepartmental executive boards
1: The following sections apply to an interdepartmental executive board as if it were a chief executive (with any necessary modifications, for example, any reference to a host department must be read as a reference to a servicing department):
a: section 52(1)
b: section 54(1)﻿(b) and (2)
c: clause 1
d: clauses 2 to 4
e: clauses 5 6
f: clause 7
g: other provisions in this Act that expressly apply.
2: A board may delegate administrative tasks to its servicing department, and clauses 2 to 4
3: See section 52(4) and (5) 1988 No 20 ss 28 29 32 33 34(2) 41 42
28: Members of board responsible to appropriate Minister
The members of an interdepartmental executive board are jointly responsible to the appropriate Minister for the operation of the board.
29: Selection of board members and designation of chairperson
1: The Commissioner must select the members of an interdepartmental executive board from the chief executives of the departments that are included in the board’s remit. The board need not include all of those chief executives.
2: The Commissioner must designate 1 of the members as the chairperson of the board.
3: The Commissioner may also appoint 1 or more independent advisers (who are not chief executives of departments) to the board.
4: The power to select, designate, or appoint persons under this section includes the power to remove them and the power to select, designate, or appoint a replacement.
5: Before taking any action under this section, the Commissioner—
a: must invite the Minister and the appropriate Minister to identify any matters that the Commissioner must take into account when doing so:
b: may seek advice from other sources that the Commissioner thinks are relevant.
6: Clause 12
7: In this section, chief executives 1988 No 20 s 35
30: Limit on role of independent advisers
Independent advisers do not have any decision-making authority on an interdepartmental executive board.
31: Operating procedures to be published
An interdepartmental executive board must publish its operating procedures on an Internet site maintained by, or on behalf of, the board. Interdepartmental ventures
32: Purposes
The purposes of interdepartmental ventures are—
a: to deliver services or carry out regulatory functions that relate to the responsibilities of 2 or more departments:
b: to assist to develop and implement operational policy relating to those services or regulatory functions.
33: Establishment and reorganisations of interdepartmental ventures
1: The Governor-General may, by Order in Council,—
a: if an interdepartmental venture is established or disestablished or if its name is changed, insert an item into, or repeal or amend an item in, Part 4
b: if the relevant departments of an interdepartmental venture are changed, or the name of a relevant department is changed, remove or insert the name of a department from or into, or amend an item in, Part 4
2: An order relating to the establishment of a venture must—
a: state the name of the venture; and
b: list the departments with responsibilities that relate to the services or regulatory functions that will be delivered or carried out by the venture (the relevant departments
c: when establishing a venture for the first time, delete the words immediately below the table in Part 4
3: In section 32 departments
4: An order under this section is secondary legislation ( see Part 3 1988 No 20 s 30A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
34: Responsibilities and powers of boards of interdepartmental ventures
The following sections apply to a board of an interdepartmental venture as if it were a chief executive (with any necessary modifications):
a: section 52(1)
b: section 54(1)﻿(a) and (2)
c: clause 1
d: clauses 2 to 4
e: clauses 5 6
f: clause 7
g: other provisions in this Act that expressly apply. 1988 No 20 ss 28 29 32 33 34(2) 41 42
35: Members of board responsible to appropriate Minister
The members of the board of an interdepartmental venture are jointly responsible to the appropriate Minister for the operation of the board.
36: Members of board and designation of chairperson
1: The members of the board of an interdepartmental venture are the chief executives of all the relevant departments.
2: The Commissioner must designate 1 of the members as the chairperson of the board.
3: The power to designate a chairperson under this section includes the power to remove them and the power to designate a replacement.
4: Before taking any action under this section, the Commissioner—
a: must invite the Minister and the appropriate Minister to identify any matters that the Commissioner must take into account when doing so:
b: may seek advice from other sources that the Commissioner thinks are relevant.
5: In this section, chief executives 1988 No 20 s 35
37: Operating procedures to be published
The board of an interdepartmental venture must publish its operating procedures on an Internet site maintained by, or on behalf of, the venture.
2: Joint operational agreements
38: Purpose and effect of joint operational agreements
1: The purpose of joint operational agreements is to provide a formal structure for co-operative and collaborative working arrangements between public service agencies.
2: Sections 39 to 41
39: Establishment of joint operational agreements
1: Two or more chief executives or boards of public service agencies may enter into a joint operational agreement for their agencies to work together to achieve stated goals.
2: Before executing an agreement under this section, the chief executives or boards must obtain the agreement of the Commissioner.
3: The agreement must not purport to—
a: alter the responsibilities that exist between the chief executives or boards and the appropriate Ministers; or
b: alter the responsibilities of those chief executives or boards for employees, funding, assets, or liabilities.
40: Implementation and limit on enforceability
1: The chief executives or boards who are parties to a joint operational agreement must take reasonable steps to provide sufficient resources to achieve the stated goals of the agreement.
2: The agreement is enforceable only as a matter for which a chief executive or board is accountable for their actions to the Commissioner or the appropriate Minister.
41: Termination of joint operational agreements
A joint operational agreement may be terminated—
a: by provision in the agreement itself; or
b: by agreement of the chief executives or boards who are parties to it; or
c: at the direction of the Commissioner.
3: People working in public service
1: Public Service Commission leaders and advisory committees
Public Service Commissioner and Deputy Public Service Commissioners
42: Public Service Commissioner
1: A Public Service Commissioner must be appointed by the Governor-General on the recommendation of the Prime Minister.
2: Before making a recommendation, the Prime Minister must consult with the leader of each political party represented in the House of Representatives. 1988 No 20 s 3
43: Commissioner’s role
1: The Commissioner acts as the Head of Service by providing leadership of the public service, including of its agencies and workforce and by oversight of the performance and integrity of the system.
2: The Commissioner also provides leadership, as described in subsection (1), for other State services, and other agencies, in the ways provided in this Act. 1988 No 20 s 4A
44: Commissioner’s general functions
The Commissioner’s general functions are to—
a: establish and lead a public service leadership team so that public service agencies work as a system to deliver better services to, and achieve better outcomes for, the public; and
b: promote integrity, accountability, and transparency throughout agencies in the State services, including by setting standards and issuing guidance; and
c: work with public service leaders to develop a highly capable workforce that reflects the diversity of the society it serves and to ensure fair and equitable employment, including by promoting the good employer requirements in this Act; and
d: act as the employer of public service chief executives, including by—
i: appointing chief executives and reviewing their performance, including how they carry out their responsibilities and functions under this Act or another enactment; and
ii: to the extent relevant in each case, reviewing the performance of the public service agency that the chief executive leads or carries out some functions within; and
e: review the design and operation of the system of government agencies in order to advise the Minister or the appropriate Minister on the following matters:
i: possible improvements to delivery of services and inter-agency cohesion:
ii: agency establishments, disestablishments, and amalgamations:
iii: the governance and allocation of functions, and the transfer of functions to and between agencies; and
f: carry out any other administrative and management functions in relation to the public service that the Prime Minister from time to time directs (not being functions conferred by this Act or another enactment on a chief executive appointed by the Commissioner). 1988 No 20 s 6
45: Duty to act independently when making decisions about public service chief executives
1: When making decisions about individual chief executives, the Commissioner is not responsible to the Minister and must act independently.
2: The independence required by subsection (1) does not apply to clauses 3 4 6 7 8 1988 No 20 s 5
46: Other functions and powers of Commissioner in Schedule 3
Schedule 3
47: Deputy Public Service Commissioners
1: Two Deputy Public Service Commissioners must be appointed by the Governor-General on the recommendation of the Prime Minister.
2: Before making a recommendation, the Prime Minister must consult with the leader of each political party represented in the House of Representatives.
3: Subject to the control of the Commissioner, a Deputy Commissioner has and may perform or exercise all the functions, duties, and powers of the Commissioner.
4: The Commissioner may assign to either or both of the Deputy Commissioners responsibilities to achieve objectives in 1 or more subject matter areas.
5: If the office of Commissioner is vacant or the Commissioner is absent from duty for any reason and no acting Commissioner has been appointed under clause 2
6: The fact that a Deputy Commissioner performs or exercises any function, duty, or power of the Commissioner is, in the absence of proof to the contrary, conclusive evidence of their authority to do so. 1988 No 20 s 12
48: Other terms and conditions of appointment in Schedule 4
Schedule 4 Chief executive of Public Service Commission
49: Commissioner is chief executive of Commission
1: The Commissioner is the chief executive of the Commission.
2: The Commissioner may delegate all or part of the chief executive role to a Deputy Commissioner or other person.
3: A Deputy Commissioner who has been delegated all or part of the chief executive role retains their office as a Deputy Commissioner.
4: Clauses 2 to 4 1988 No 20 s 4 Advisory committees
50: Advisory committees
1: The Commissioner may appoint 1 or more advisory committees to assist with carrying out any of the Commissioner’s functions.
2: The Commissioner may authorise an advisory committee to make inquiries, conduct research, or make reports to assist with the efficient carrying out of the Commissioner’s functions.
3: When deciding on the membership of an advisory committee, the Commissioner must have due regard to the nature of the community interest in the particular matter or matters to be addressed by that advisory committee.
4: Clause 13 1988 No 20 s 21
2: Public service chief executives, system leaders, and public service leadership team
Public service chief executives
51: Public service chief executives
1: Each department and departmental agency must have a chief executive to lead it.
2: Each chief executive is to be known—
a: by the designation fixed by an Act of Parliament for that chief executive; or
b: if paragraph (a) does not apply, by the designation given to that chief executive by the Commissioner.
3: The Governor-General may, by Order in Council,—
a: if a functional chief executive role is established or disestablished or if the designation of the role is changed, insert, repeal, or amend an item in Schedule 5
b: if the host department, or the name of the host department, of a functional chief executive is changed, amend an item in Schedule 5
4: An order relating to the establishment of a functional chief executive role must—
a: state the designation of the functional chief executive role; and
b: identify the department that will be the host department for the role; and
c: set out the particular functions of the role to be carried out within the host department; and
d: when establishing a functional chief executive role for the first time, delete the words immediately below the table in Schedule 5
5: If a functional chief executive role is established, the Commissioner must appoint a person to that role.
6: See Schedule 7 see also clause 11
7: An order under this section is secondary legislation ( see Part 3 1988 No 20 ss 30A 31 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 51(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
52: General responsibilities of chief executives of departments and departmental agencies
1: A chief executive of a department or departmental agency is responsible to the appropriate Minister for—
a: improving ways of working across public service agencies; and
b: their agency’s responsiveness on matters relating to the collective interests of government; and
c: the operation of their agency, including in carrying out the purpose of the public service under section 11
d: supporting that Minister to act as a good steward of the public interest, including by—
i: maintaining public institutions, assets, and liabilities; and
ii: maintaining the currency of any legislation administered by their agency; and
iii: providing advice on the long-term implications of policies; and
e: the performance of the functions and duties and the exercise of the powers of the chief executive or of their agency (whether those functions, duties, or powers are imposed or conferred by an enactment or by the policies of the Government); and
f: giving 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 agency and how effectively those goods or services contribute to the intended outcomes.
2: The chief executive of a department is not responsible for the performance of functions or duties, or the exercise of powers, of or by that part of the department that is a departmental agency hosted by the department unless expressly provided in this Act or another enactment.
3: The chief executive of a departmental agency is responsible for the performance of functions and duties, and the exercise of powers, by that part of the department that is the departmental agency only and not any functions, duties, or powers of the host department unless expressly provided in this Act or another enactment.
4: The chief executive of a servicing department of an interdepartmental executive board is not responsible for the performance of functions or duties, or the exercise of powers, of or by the board unless provided in an enactment or delegated to the department under section 27
5: However, if the chief executive of a servicing department is also a member of the board they also have full responsibilities as a member of the board. 1988 No 20 s 32
53: Functional chief executives
1: Section 52(1)
2: However, they are responsible to the appropriate Minister for the responsibilities listed to the extent only that those responsibilities are relevant to their particular functions.
3: A functional chief executive—
a: is responsible for carrying out their particular functions within the host department only, and not any other functions of the host department unless expressly provided in this Act:
b: has other responsibilities, functions, and powers of chief executives under this Act to the extent only that any of these are relevant to their particular functions.
4: The chief executive of a department is not responsible for the performance of functions or duties, or the exercise of powers, of or by a functional chief executive hosted by the department unless expressly provided in this Act. 1988 No 20 s 32(2)
54: Duty to act independently in employment matters
1: Despite section 52(1)
a: the chief executive of a department is not responsible to the appropriate Minister and must act independently; and
b: the chief executive of a departmental agency is not responsible to the appropriate Minister or to the chief executive of the host department and must act independently.
2: The independence required by subsection (1) is subject to the requirement in section 70 1988 No 20 s 33
55: Working arrangements between functional chief executives and host departments
Working arrangements between a functional chief executive and their host department must be agreed between the 2 chief executives and agreed by the Commissioner. 1988 No 20 s 27B System leaders
56: System leaders
1: The Commissioner may designate a public service chief executive as a system leader to lead and co-ordinate best practice in a particular subject matter area across the whole or part of the State services.
2: System leaders are responsible to the appropriate Minister for achieving agreed outcomes.
57: Standards and guidance
1: If the appropriate Minister agrees, a system leader may set standards relating to the particular subject matter area that they lead and co-ordinate.
2: A system leader may also issue guidance relating to that particular subject matter area.
3: The standards and guidance must be in writing.
4: Those standards apply only in or to public service agencies.
5: Chief executives must ensure that the agencies that they lead or carry out some functions within implement the standards that apply in or to them.
6: Guidance issued by a system leader applies in or to all State services. Other provisions in schedules
58: Other provisions in Schedules 6 and 7
1: Schedule 6
2: Schedule 7 Public service leadership team
59: Public service leadership team
The Commissioner must establish a public service leadership team with the following members:
a: all chief executives of departments; and
b: the 2 Deputy Commissioners; and
c: 1 or more persons from 1 or more of the following categories, as the Commissioner thinks fit:
i: chief executives of departmental agencies:
ii: functional chief executives:
iii: chief executives of Crown agents:
iv: the Commissioner of Police:
v: the Chief of Defence Force.
60: Purposes of public service leadership team
The public service leadership team—
a: provides strategic leadership that contributes to an effective and cohesive public service; and
b: works together co-operatively and models leadership behaviours; and
c: assists its members to fulfil their responsibilities under this Act.
3: Senior leadership and management capability
61: Commissioner must develop and implement leadership strategy
1: The Commissioner must develop and implement a strategy for the development of senior leadership and management capability in the public service (the leadership strategy
2: The Commissioner must ensure that the leadership strategy meets the needs both of agencies and the public service, including allowing for flexible deployment of senior leaders.
3: The Commissioner may promote the leadership strategy to other State services, and may invite them to assist to develop and implement the leadership strategy. 1988 No 20 ss 46 47
62: Guidance
The Commissioner may issue guidance to assist public service chief executives, interdepartmental executive boards, boards of interdepartmental ventures, and (if applicable) chief executives and boards that lead other State services, to implement the leadership strategy.
63: Responsibilities of chief executives and boards
1: A chief executive or board of a public service agency must—
a: develop the senior leadership and management capability of the employees in their agency; and
b: flexibly deploy senior leaders in their agency to contribute to meeting the needs of the public service.
2: All chief executives must assist the Commissioner to develop a leadership strategy under section 61
3: A chief executive or board that is the employer of staff in a public service agency (including under delegation) must appoint and deploy senior leaders having regard to the leadership strategy. 1988 No 20 s 48
64: Secondments
1: The Commissioner may arrange for a public service employee to be seconded elsewhere in the public service (with the agreement of the employee and the relevant chief executives or boards) for the purposes of 1 or more of the following:
a: developing senior leadership and management capability in the public service:
b: meeting a need of a particular agency:
c: meeting a need of the public service.
2: Section 72
a: does not apply to a secondment under subsection (1)﻿(a):
b: applies to secondments under subsection (1)﻿(b) and (c).
3: Clauses 1 5
4: This section does not limit the ability of chief executives to arrange secondments of employees within the public service for the reasons listed in subsection (1) or for other reasons and to do so without reference to the Commissioner. 1988 No 20 s 49
4: Public service workforce
Public service employees
65: Interpretation
For the purposes of this Act,— employee of a department employee of the department employee of an interdepartmental venture employee of the interdepartmental venture public service employee
66: Public service employees: departments
In relation to the functions, duties, and powers of a department, the chief executive of the department—
a: may appoint to the public service the employees (including employees on fixed-term employment agreements) that 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 their office or employment; and
c: has, except as expressly provided to the contrary in this Act, the rights, duties, and powers of the employer of the employees. 1988 No 20 s 59(1)
67: Public service employees: interdepartmental ventures
In relation to the functions, duties, and powers of an interdepartmental venture, the board of the interdepartmental venture—
a: may appoint to the public service the employees (including employees on fixed-term employment agreements) that the board 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 their office or employment; and
c: has, except as expressly provided to the contrary in this Act, the rights, duties, and powers of the employer of the employees. 1988 No 20 s 59(1)
68: Public service employees: departmental agencies
1: In relation to employees of a host department who perform the functions or duties or exercise the powers of a departmental agency, the chief executive of the host department is treated as—
a: having delegated to the chief executive of the departmental agency the rights, duties, and powers described in the following provisions:
i: section 66(a) and (b)
ii: section 77(a) and (c)
iii: section 72
iv: section 86
v: section 88
vi: section 89
vii: clause 1
viii: clause 2
ix: clause 3
x: clause 4
xi: clause 6
xii: clause 7
xiii: clauses 8 to 11
b: not having those rights, duties, and powers in relation to those employees.
2: The chief executive of a departmental agency has the rights and duties and may exercise the powers referred to in subsection (1) in the same manner, subject to the same restrictions, and with the same effect as if they had been conferred on that chief executive directly by this Act. 1988 No 20 s 59(2), (3)
69: Public service employees: interdepartmental executive boards
Section 68
a: as if—
i: references to the chief executive of a host department were references to the chief executive of the servicing department; and
ii: references to the chief executive of a departmental agency were references to the interdepartmental executive board; and
b: with any other necessary modifications. 1988 No 20 s 59(2), (3)
70: Ministerial staff
1: The chief executive of a department or an interdepartmental venture that is responsible for the employment of ministerial staff across all Ministers’ offices must have regard to the wishes of the relevant Minister when engaging ministerial staff.
2: Section 72 1988 No 20 ss 59(5) 66
71: Appointments subject to review
Appointments under any of sections 66 to 69 clause 5 1988 No 20 s 59(4)
72: Appointments on merit
When making an appointment under this Act, a chief executive or board must give preference to the person who is best suited to the position. 1988 No 20 s 60 Good employer requirements
73: Chief executive of department and board of an interdepartmental venture to be good employer
1: A chief executive of a department and a board of an interdepartmental venture must—
a: operate an employment 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: See also section 75
3: In this section, a good employer
a: the impartial selection of suitably qualified people for appointment (except in the case of ministerial staff); and
b: good and safe working conditions; and
c: an equal employment opportunities programme; and
d: recognition of—
i: the aims and aspirations of Māori; and
ii: the employment requirements of Māori; and
iii: the need for greater involvement of Māori in the public service; and
e: opportunities for the enhancement of the abilities of individual employees; and
f: recognition of the aims and aspirations, employment requirements, and the cultural differences of ethnic and minority groups; and
g: recognition of the employment requirements of women; and
h: recognition of the employment requirements of people with disabilities; and
i: recognition of the importance of achieving pay equity between female and male employees; and
j: recognition of the importance of decisions about remuneration being free from bias including, but not limited to, gender bias.
4: The chief executive of a departmental agency, or an interdepartmental executive board,—
a: is entitled to use a policy developed by their host or servicing department (and need not develop their own); but
b: in relation to employees carrying out the functions of the departmental agency or interdepartmental board, has the same duty under this section as the chief executive of a department. 1988 No 20 s 56(1), (2)
74: Commissioner’s functions include promoting, developing, and monitoring equal employment opportunities
1: The Commissioner’s functions include promoting, developing, and monitoring equal employment opportunities programmes and policies for the public service.
2: In this section and section 73 equal employment opportunities programme 1988 No 20 s 58 Promoting diversity and inclusiveness
75: Chief executives and boards to promote diversity and inclusiveness
1: A chief executive of a department and a board of an interdepartmental venture must—
a: be guided by the principle that the group comprising all public service employees should reflect the makeup of society; and
b: in employment policies and practices, foster a workplace that is inclusive of all groups.
2: A chief executive of a departmental agency, or an interdepartmental executive board,—
a: is entitled to use policies and practices developed by their host or servicing department (and need not develop their own); but
b: in relation to employees carrying out the functions of the departmental agency or interdepartmental board, has the same duty under this section as the chief executive of a department. Application of Employment Relations Act 2000 to public service
76: Application of Employment Relations Act 2000 to public service
1: The Employment Relations Act 2000
2: Subsection (1) is subject to any exceptions provided in this Act. 1988 No 20 s 67
77: Personal grievances and disputes
Despite sections 78 79 81 to 83B
a: in relation to a personal grievance, the employer is the chief executive of the department or the board of the interdepartmental venture; and
b: in relation to a dispute about the interpretation, application, or operation of a collective agreement, the employer is the chief executive of the department or the board of the interdepartmental venture 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 1988 No 20 s 69 Section 77 amended 6 November 2020 section 32 Equal Pay Amendment Act 2020 Negotiation of collective agreements
78: Negotiation of collective agreements
1: The Commissioner is responsible for negotiating under the Employment Relations Act 2000
2: 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 affected department or interdepartmental venture 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 or board of each affected department or interdepartmental venture. 1988 No 20 s 68(1)–(3)
79: Collective agreements
1: Every collective agreement negotiated in accordance with section 78
a: the Commissioner; and
b: a union of which the employees to whom the collective agreement applies are members.
2: Every collective agreement entered into between the Commissioner and a union and relating to a department or an interdepartmental venture is binding on—
a: the chief executive of the department or the board of the interdepartmental venture; and
b: the employees of the department or interdepartmental venture who are or become members of the union and whose work comes within the coverage clause in the collective agreement.
3: An employer who is bound by a collective agreement under subsection (2) has the same rights, duties, and obligations that that employer would have, in respect of that collective agreement, under the Employment Relations Act 2000
4: Subsection (3) applies except as provided in this section or section 78 1988 No 20 s 68(4)–(6)
80: Delegation of Commissioner’s functions and powers to negotiate collective agreements
1: The Commissioner may, under clause 6 section 78
2: The delegation may be subject to—
a: a direction or condition requiring the chief executive or board to negotiate in consultation with any other chief executive of a department or board of an interdepartmental venture with the aim of achieving consistent terms and conditions of employment for a specified group of employees; or
b: any other directions or conditions that the Commissioner thinks fit in order to foster consistent terms and conditions of employment across public service agencies.
3: Subsection (2) does not limit the directions or conditions the Commissioner may specify in relation to the delegation. 1988 No 20 s 70 Pay equity claims
81: Interpretation
In sections 82 to 83B facilitation of bargaining sections 13ZP to 13ZX pay equity claim section 2(1) pay equity claim settlement section 2(1) Section 81 replaced 6 November 2020 section 30 Equal Pay Amendment Act 2020
82: Pay equity claims
1: The Commissioner is responsible for dealing with a pay equity claim as if the Commissioner were the employer.
2: When a pay equity claim is raised with the chief executive of a department or the board of an interdepartmental venture, the chief executive or board must, as soon as practicable, give notice in writing of the pay equity claim to the Commissioner.
3: The Commissioner’s responsibility under subsection (1)—
a: includes, without limiting that subsection, responsibility for acknowledging receipt of and giving notice of the claim, forming a view on whether the claim is arguable, conducting the pay equity bargaining process, and settling a pay equity claim; but
b: does not include responsibility for the following, unless the Commissioner thinks it appropriate to continue the Commissioner’s responsibility during that time:
i: attendance in mediation under the Employment Relations Act 2000
ii: participation in any facilitation of bargaining or participation in relation to any application lodged in the Employment Relations Authority or filed in a tribunal or a court in relation to the claim or any aspect of the claim.
4: The Commissioner’s responsibility under this section arises in relation to a pay equity claim—
a: on the date on which the Commissioner receives notice under subsection (2); or
b: on any later date that the Commissioner notifies to the chief executive or board.
5: Subsection (3) is subject to subsection (4). Section 82 replaced 6 November 2020 section 30 Equal Pay Amendment Act 2020
83: Application of section 13K of Equal Pay Act 1972 where more than 1 department or interdepartmental venture involved in pay equity claim
1: In relation to the requirements under section 13K
a: if a pay equity claim involves more than 1 department or interdepartmental venture but there are no other employers involved in the claim, the Commissioner is not required (and the departments or interdepartmental ventures involved in the claim are not required) to enter into a multi-employer pay equity process agreement:
b: if a pay equity claim involves more than 1 department or interdepartmental venture and there are also other employers involved in the claim, the Commissioner must enter into a multi-employer pay equity process agreement in the Commissioner’s name (and the departments and interdepartmental ventures involved are not required to enter into the agreement).
2: If the Commissioner has delegated the powers to negotiate a pay equity claim to any chief executive of a department or board of an interdepartmental venture involved in the claim,—
a: subsection (1) does not apply; and
b: the requirements in section 13K Section 83 replaced 6 November 2020 section 30 Equal Pay Amendment Act 2020
83A: Commissioner to enter negotiations in consultation with affected department or interdepartmental venture
When the Commissioner enters into the pay equity bargaining process under sections 13ZC to 13ZZE Section 83A inserted 6 November 2020 section 30 Equal Pay Amendment Act 2020
83B: Pay equity settlement binding on chief executive or board affected
1: Every pay equity claim settlement agreement entered into between the Commissioner and 1 or more unions or between the Commissioner and 1 or more employees of the public service is binding on the chief executive of each department and the board of each interdepartmental venture in which any of the employees are employed.
2: A chief executive of a department who, or board of an interdepartmental venture that, is bound by a pay equity claim settlement agreement under subsection (1) has the rights, functions, and obligations that the chief executive or board would have, in respect of that pay equity claim settlement, if that chief executive or board were a party to that settlement.
3: Responsibility for giving effect to any pay equity claim settlement between the Commissioner and 1 or more public service employees lies with the chief executive of each department and the board of each interdepartmental venture in which any of the employees are employed. Section 83B inserted 6 November 2020 section 30 Equal Pay Amendment Act 2020
84: Delegation of Commissioner’s functions and powers to negotiate pay equity claim
1: The Commissioner may, under clause 6 81 83
2: The delegation may be subject to a direction or condition requiring the chief executive or board to conduct negotiations in relation to a pay equity claim in consultation with any other chief executive of a department or board of an interdepartmental venture.
3: Subsection (2) does not limit the directions or conditions the Commissioner may specify in relation to the delegation. 1988 No 20 s 70 Section 84(1) amended 6 November 2020 section 31 Equal Pay Amendment Act 2020 Other employment provisions
85: Other employment provisions in Schedule 8
The provisions in Schedule 8
86: Power to transfer employees between public service agencies
1: This section applies if there is a transfer of functions from one public service agency ( agency A agency B
2: The chief executive or board of agency A may in consultation with the chief executive or board of agency B, and subject to the relevant employment agreements, transfer any public service employee who was carrying out the relevant functions in agency A to a position in agency B, if the position in agency B—
a: consists of the same duties and responsibilities as those of the employee’s position in agency A immediately before the transfer; and
b: is in substantially the same general locality or a locality within reasonable commuting distance; and
c: is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
d: is on terms that treat service within the State services as if it were continuous service.
3: Before transferring an employee under this section, the chief executive or board must consult with the employee about the proposed transfer.
4: Section 91
5: This section overrides Part 6A
87: No redundancy payment for employee transferred under section 86
1: An employee who is to be transferred under section 86
2: In this section and in section 88 redundancy payment
88: Other restrictions on redundancy payments
1: A public service employee who has received a notice of termination by reason of redundancy is not entitled to a redundancy payment if, before the employee’s employment has ended, the employee—
a: is offered and accepts another position as an employee in the State services (either in the employee’s current department or interdepartmental venture or elsewhere in the State services) that—
i: begins before, on, or immediately after the date on which the employee’s current position 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 as an employee in the State services (either in the employee’s current department or interdepartmental venture or elsewhere in the State services) that—
i: begins before, on, or immediately after the date on which the employee’s current position 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: Section 91
3: This section overrides Part 6A 1988 No 20 s 61A
89: Certain provisions not to apply in relation to transfer or offer of alternative position
Section 72 clauses 1 and 5 Schedule 8 section 86 section 88(1) Employment in public service continuous for purpose of certain enactments
90: Application of section 91
1: Section 91
a: the employee moves from a position as an employee in a department or an interdepartmental venture ( agency A agency B
b: the position as an employee in agency B begins before, on, or immediately after the date on which the employee’s position as an employee with agency A ends.
2: Without limiting subsection (1), section 91
a: is transferred under section 86
b: moves from one department or interdepartmental venture to another in the circumstances to which section 88(1)﻿(a)
91: Employment in public service continuous for purpose of certain enactments
1: The employment of a public service employee to whom this section applies is to be treated as continuous for the purposes of—
a: entitlements under the following provisions in Part 2
i: subpart 1
ii: subpart 3
iii: subpart 4
iv: subpart 5
b: entitlements to leave under the Parental Leave and Employment Protection Act 1987
c: the KiwiSaver Act 2006
2: For the purpose of subsection (1)﻿(a),—
a: the period of employment of the employee in agency A that ends with the date on which the employee moved to agency B must be treated as a period of employment with agency B for the purpose of determining the employee’s entitlement to annual holidays, sick leave, bereavement leave, and family violence leave; and
b: the chief executive of agency A must not pay the employee for annual holidays, or alternative holidays, not taken before the date on which the employee moved to the position in agency B; and
c: the chief executive of agency B must recognise the employee’s entitlement to—
i: any sick leave, including any sick leave carried over under section 66
ii: any annual holidays not taken before the date on which the employee moved to the position in agency B; and
iii: any alternative holidays not taken or exchanged for payment under section 61
iv: any holidays not taken before the date on which the employee moved to the position in agency B in relation to which there was an agreement between the employee and agency A under section 44A 44B
3: For the purpose of subsection (1)﻿(b),—
a: the period of employment of the employee in agency A that ends with the date on which the employee moved to agency B must be treated as a period of employment with agency B; and
b: the chief executive of agency B must treat any notice given to or by the chief executive of agency A under the Parental Leave and Employment Protection Act 1987
4: If the employee’s position with agency B begins before the date on which the employee’s position with agency A ends, subsections (2) and (3) must be applied as if the position with agency A ends on the date that the employee’s position with agency B begins.
5: For the purpose of subsection (1)﻿(c), the employment of the employee in the position with agency B is not new employment within the meaning of that term in the KiwiSaver Act 2006
6: This section applies subject to any regulations made under section 94
7: In this section,— agency A agency B
92: Liability of public service agencies for remediation in relation to application of section 91
1: Agency B is not liable to an employee to whom section 91
a: the entitlements to leave referred to in section 91(1)﻿(a) or (b)
b: the recovery of holiday pay or leave pay.
2: Section 91(2)
3: In this section, Agency A Agency B section 91
93: Further provision in relation to application of section 91 to annual holidays
1: This section applies if regulations are made under section 94(1)﻿(b)
2: To avoid doubt, the Holidays Act 2003 section 91
3: In this section,— Agency A section 91 annual holiday subpart 1
94: Regulations relating to treatment of employment as continuous under section 91
1: The Governor-General may, by Order in Council, make regulations for the following purposes:
a: prescribing requirements applicable to public service agencies to ensure that, in respect of public service employees, the entitlements to leave specified in section 91(1)﻿(a) and (b)
i: prescribing requirements or any other matters concerning the manner of recording leave entitlements and the taking of leave; and
ii: without limiting subparagraph (i), prescribing requirements about the order in which entitlements to leave referred to in section 91(1)﻿(a) or (b)
b: specifying an amount of annual holidays not taken at or above which section 91
c: prescribing time frames within which the transfer of accumulated leave balances for the purpose of section 91
2: Regulations made under this section may apply differently to different classes of employees or circumstances or on any other differential basis.
3: Regulations may be made under subsection (1)﻿(b) only on the recommendation of the Minister, made after consulting with—
a: public service agencies; and
b: other parties that the Commissioner thinks fit.
4: In this section, annual holiday subpart 1
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 94(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Government workforce policy
95: Commissioner’s functions in relation to this Part
The Commissioner may—
a: provide advice and guidance on workforce matters to agencies described in section 97(4)
b: consider whether to draft and submit under section 96
c: advise affected agencies on the operation of a Government Workforce Policy Statement; and
d: facilitate the operation of a Government Workforce Policy Statement in conjunction with affected agencies. 1988 No 20 s 55A
96: Commissioner may draft and submit Government workforce policy to Minister
The Commissioner may draft a government workforce policy and, after consulting the affected agencies and other parties that the Commissioner thinks fit, submit it to the Minister for consideration. 1988 No 20 s 55B(1)
97: Government workforce policy: content
1: Government workforce policy must relate to workforce matters (including employment and workplace) for the purpose of fostering a consistent, efficient, and effective approach to those matters across the affected agency or agencies specified in accordance with subsection (4).
2: Workforce matters may, without limitation, include—
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 and implementation of workforce strategy; and
c: the promotion of more effective management of employment relations generally in the agencies specified in subsection (4); and
d: workforce capacity and composition; and
e: pay equity and workforce diversity and inclusiveness; and
f: data and information held in the public service about agencies contracted to deliver services.
3: Government workforce policy may provide for the Commissioner to—
a: request from any affected agency information relating to the matters in subsection (2)﻿(a) to (f); and
b: specify requirements about how that information must be collected, classified, and reported to the Commissioner.
4: Government workforce policy must specify the agency or agencies to which it applies, which may be any or all of the following:
a: public service agencies:
b: the New Zealand Police, the New Zealand Defence Force, and the Parliamentary Counsel Office:
c: Crown agents or other Crown entities:
d: organisations listed in Schedule 4 Schedule 4A
e: the Reserve Bank of New Zealand. 1988 No 20 s 55B(2)–(4)
98: Rights, obligations, etc, not affected by Government Workforce Policy Statement
Despite anything in this Part, a Government Workforce Policy Statement must 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. 1988 No 20 s 55D(4)
99: Government workforce policy: approval by Minister
1: The Minister may approve government workforce policy as a Government Workforce Policy Statement.
2: 1988 No 20 s 55B(5), (6) Section 99(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
100: Government Workforce Policy Statement: process
1: As soon as practicable after the Minister’s approval under section 99
2: A Government Workforce Policy Statement may be amended, revoked, or replaced in the same way as it may be made. 1988 No 20 s 55C
101: Government Workforce Policy Statement: implementation
1: A public service agency and a Crown agent must give effect to a Government Workforce Policy Statement and any request for information made under it.
2: An autonomous Crown entity must have regard to a Government Workforce Policy Statement and consider any request for information made under it.
3: The following must have regard to a Government Workforce Policy Statement, and consider any request for information made under it, if the statement says so:
a: a Crown entity other than a Crown agent or an autonomous Crown entity:
b: the New Zealand Police, the New Zealand Defence Force, and the Parliamentary Counsel Office:
c: a body specified in section 97(4)﻿(d) or (e) 1988 No 20 s 55D(1)–(3)
102: Request for information does not limit other enactments
Nothing in a request for information by the Commissioner made under a Government Workforce Policy Statement limits any Act (including, without limitation, the Privacy Act 1993) that imposes a prohibition or restriction on the availability of any information.
5: Offence, immunity, and public service reorganisations
Offence to solicit or attempt to improperly influence public service leaders
103: Offence to solicit or attempt to influence public service leaders
1: A person commits an offence if—
a: they directly or indirectly solicit or attempt to improperly influence a public service leader or a delegate of a public service leader; and
b: they do so when the leader or delegate is making a decision on any of the matters described in section 45 54
2: A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
3: In this section, public service leader section 5
a: includes a Deputy Commissioner only if they are carrying out functions of the Commissioner; and
b: includes interdepartmental executive boards and the boards of interdepartmental ventures. 1988 No 20 s 85 Immunity from liability
104: Immunity for chief executives and employees
1: Public service chief executives, Deputy Commissioners, and public service employees are immune from liability in civil proceedings for good-faith actions or omissions when carrying out or intending to carry out their responsibilities or when performing or exercising or intending to perform or exercise their functions, duties, or powers.
2: See also section 6 1988 No 20 s 86 Reorganisations within public service
105: Reorganisations within public service
1: The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the disestablishment or change of name of a public service agency, the transfer of functions between agencies, and the establishment of a new agency.
2: Schedule 9
3: An order under this section is secondary legislation ( see Part 3 1988 No 20 s 30K The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 105(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
6: Amendments to enactments, repeals, and revocations
Part 6 repealed 6 February 2021 section 133(1) Amendments to Clerk of the House of Representatives Act 1988 Heading repealed 6 February 2021 section 133(1)
106: Amendments to Clerk of the House of Representatives Act 1988
2020-08-07 Clerk of the House of Representatives Act 1988 Section 106 repealed 6 February 2021 section 133(1)
107: Section 17 amended (Functions of State Services Commissioner in relation to Office)
Section 107 repealed 6 February 2021 section 133(1)
108: Section 22 amended (Review of appointments)
Section 108 repealed 6 February 2021 section 133(1)
109: Section 26 amended (Negotiation of conditions of employment)
Section 109 repealed 6 February 2021 section 133(1) Amendments to Crown Organisations (Criminal Liability) Act 2002 Heading repealed 6 February 2021 section 133(1)
110: Amendments to Crown Organisations (Criminal Liability) Act 2002
2020-08-07 Crown Organisations (Criminal Liability) Act 2002 Section 110 repealed 6 February 2021 section 133(1) Amendments to Official Information Act 1982 Heading repealed 6 February 2021 section 133(1)
111: Amendments to Official Information Act 1982
2020-08-07 Official Information Act 1982 Section 111 repealed 6 February 2021 section 133(1) Amendments to Ombudsmen Act 1975 Heading repealed 6 February 2021 section 133(1)
112: Amendments to Ombudsmen Act 1975
2020-08-07 Ombudsmen Act 1975 Section 112 repealed 6 February 2021 section 133(1)
113: Section 2 amended (Interpretation)
Section 113 repealed 6 February 2021 section 133(1)
114: Section 13 amended (Functions of Ombudsmen)
Section 114 repealed 6 February 2021 section 133(1)
115: Section 32 amended (Power to amend Schedule 1 by Order in Council)
Section 115 repealed 6 February 2021 section 133(1)
116: Schedule 1 amended
Section 116 repealed 6 February 2021 section 133(1) Amendments to Parliamentary Service Act 2000 Heading repealed 6 February 2021 section 133(1)
117: Amendments to Parliamentary Service Act 2000
2020-08-07 Parliamentary Service Act 2000 Section 117 repealed 6 February 2021 section 133(1) Amendments to Privacy Act 1993 and Privacy Act 2020 Heading repealed 6 February 2021 section 133(1)
118: Amendments to Privacy Act 1993
2020-08-07 Privacy Act 1993 Section 118 repealed 6 February 2021 section 133(1)
119: Section 2 amended (Interpretation)
Section 119 repealed 6 February 2021 section 133(1)
120: Section 3 amended (Information held by agency)
Section 120 repealed 6 February 2021 section 133(1)
121: Section 23 amended (Privacy officers)
Section 121 repealed 6 February 2021 section 133(1)
122: Section 96C amended (Interpretation)
Section 122 repealed 6 February 2021 section 133(1)
123: New section 120A inserted (Responsibility under this Part for interdepartmental executive board)
Section 123 repealed 6 February 2021 section 133(1)
124: Amendments to Privacy Act 2020
2020-08-07 Privacy Act 2020 Section 124 repealed 6 February 2021 section 133(1)
125: Section 7 amended (Interpretation)
Section 125 repealed 6 February 2021 section 133(1)
126: Section 10 amended (Personal information held by agency if held by officer, employee, or member of agency)
Section 126 repealed 6 February 2021 section 133(1)
127: Section 138 amended (Interpretation)
Section 127 repealed 6 February 2021 section 133(1)
128: Section 201 amended (Privacy officers)
Section 128 repealed 6 February 2021 section 133(1)
129: New section 201A inserted (Responsibility under this Part for interdepartmental executive board)
Section 129 repealed 6 February 2021 section 133(1) Amendments to Orders in Council Heading repealed 6 February 2021 section 133(1)
130: Amendment to State Sector (Ministry for Primary Industries) Order 2012
2020-08-07 State Sector (Ministry for Primary Industries) Order 2012 see Schedule 1 clause 17 for application Section 130 repealed 6 February 2021 section 133(1)
131: Amendment to State Sector (New Zealand Food Safety Authority) Order 2010
2020-08-07 State Sector (New Zealand Food Safety Authority) Order 2010 see Schedule 1 clause 17 for application Section 131 repealed 6 February 2021 section 133(1) Repeals and revocations Heading repealed 6 February 2021 section 133(1)
132: Repeals
2020-08-07 State Sector Act 1988 Civil Service Act 1908 Section 132 repealed 6 February 2021 section 133(1)
133: Repeal of certain provisions of this Act
1:
2: Sections 86(4) 88(2) section 90
3: 2021-02-06 Public Service Act 2020 see section 2(2) for section 133(1) OIC Public Service Act 2020 see section 133(2): sections 86(4) and 88(2) and 133(2) are repealed when section 90 comes into force Section 133(1) repealed 6 February 2021 section 133(1) Section 133(3) repealed 6 February 2021 section 133(1)
134: Legislative instruments revoked
2020-08-07 State Sector Amendment Act 2013 Commencement Order 2014 State Sector (Application of Certain Provisions to Transfer of Functions from Canterbury Earthquake Recovery Authority to Ministry of Business, Innovation, and Employment and Land Information New Zealand) Order 2015 State Sector (Application of Certain Provisions to Transfer of Functions from Department of Internal Affairs to Department of the Prime Minister and Cabinet) Order 2014 State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Economic Development to Department of Building and Housing) Order 2006 State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Amendment Order 2012 State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Amendment Order 2013 State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2011 State Sector (Application of Certain Provisions to Transfer of Functions from Ministry of Social Development to Ministry of Business, Innovation, and Employment) Order 2016 State Sector (Cancer Control Agency) Order 2019 State Sector (Department of Building and Housing) Order 2004 State Sector (Department of Child, Youth and Family Services) Order 2006 State Sector (Employee Provisions Applied to Transfer of Functions from Department of Internal Affairs to Department of Building and Housing) Order 2005 State Sector (Employee Provisions Applied to Transfer of Functions from Early Childhood Development Board to Ministry of Education) Order 2003 State Sector (Employee Provisions Applied to Transfer of Functions from Land Transport Safety Authority and Transfund to Ministry of Transport) Order 2004 State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Education to Ministry of Social Development) Order 2008 State Sector (Employee Provisions Applied to Transfer of Functions from Ministry of Fisheries to Ministry of Agriculture and Forestry) Order 2004 State Sector (Employee Provisions Applied to Transfer of Government Technology Services Functions from State Services Commission to Department of Internal Affairs) Order 2009 State Sector (Employees of Boards of Waihopai School and Ruru Special School) Order 2006 State Sector (Ministry of Business, Innovation, and Employment) Order 2012 State Sector (Ministry of Housing and Urban Development) Order 2018 State Sector (Ministry for Pacific Peoples) Order 2015 State Sector (Ministry of Science and Innovation) Order 2010 State Sector (Ministry for Women) Order 2015 State Sector (Ministry of Youth Affairs) Order 2003 State Sector (Office for Māori Crown Relations—Te Arawhiti) Order 2018 State Sector (Oranga Tamariki—Ministry for Children) Order 2017 State Sector Order 1991 State Sector Order 1994 State Sector Order 1995 State Sector Order 1997 State Sector Order 2000 State Sector (Te Kāhui Whakamana Rua Tekau mā Iwa—Pike River Recovery Agency) Order 2017 Section 134 repealed 6 February 2021 section 133(1) Consequential amendments Heading repealed 6 February 2021 section 133(1)
135: Consequential amendments to enactments
2020-08-07 Adoption Act 1955 Adult Adoption Information Act 1985 Agricultural Compounds and Veterinary Medicines Act 1997 Animal Products Act 1999 Animal Welfare Act 1999 Antarctica (Environmental Protection) Act 1994 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Auckland Regional Amenities Funding Act 2008 Auctioneers Act 2013 Bank of New Zealand Act 1988 Biosecurity Act 1993 Births, Deaths, Marriages, and Relationships Registration Act 1995 Building Act 2004 Building Societies Act 1965 Burial and Cremation Act 1964 Cadastral Survey Act 2002 Canterbury Earthquakes Insurance Tribunal Act 2019 Care and Support Workers (Pay Equity) Settlement Act 2017 Care of Children Act 2004 Charities Act 2005 Chartered Professional Engineers of New Zealand Act 2002 Child Poverty Reduction Act 2018 Children’s Act 2014 Citizenship Act 1977 Civil Aviation Act 1990 Civil Defence Emergency Management Act 2002 Clerk of the House of Representatives Act 1988 Climate Change Response Act 2002 Commerce Act 1986 Commodity Levies Act 1990 Companies Act 1993 Conservation Act 1987 Copyright Act 1994 Corrections Act 2004 Court Martial Appeals Act 1953 Courts Security Act 1999 Crimes Act 1961 Criminal Proceeds (Recovery) Act 2009 Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 Crown Entities Act 2004 Crown Minerals Act 1991 Crown Organisations (Criminal Liability) Act 2002 Crown Pastoral Land Act 1998 Crown Proceedings Act 1950 Crown Research Institutes Act 1992 Customs and Excise Act 2018 Defence Act 1990 Designs Act 1953 District Court Act 2016 Education and Training Act 2020 Electoral Act 1993 Electricity Act 1992 Electronic Identity Verification Act 2012 Employment Relations Act 2000 Energy Companies Act 1992 Energy (Fuels, Levies, and References) Act 1989 Environment Act 1986 Environmental Protection Authority Act 2011 Environmental Reporting Act 2015 Equal Pay Act 1972 Estate and Gift Duties Act 1968 Family Court Act 1980 Family Proceedings Act 1980 Family Violence Act 2018 Films, Videos, and Publications Classification Act 1993 Financial Advisers Act 2008 Financial Markets Conduct Act 2013 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Fire and Emergency New Zealand Act 2017 Fisheries Act 1996 Food Act 2014 Foreign Affairs Act 1988 Forests Act 1949 Friendly Societies and Credit Unions Act 1982 Gambling Act 2003 Game Animal Council Act 2013 Gas Act 1992 Geographical Indications (Wine and Spirits) Registration Act 2006 Government Service Equal Pay Act 1960 Government Superannuation Fund Act 1956 Greater Christchurch Regeneration Act 2016 Harmful Digital Communications Act 2015 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Disability Commissioner Act 1994 Health and Disability Services (Safety) Act 2001 Health and Safety at Work Act 2015 Heritage New Zealand Pouhere Taonga Act 2014 Home Ownership Savings Act 1974 Housing Accords and Special Housing Areas Act 2013 Human Rights Act 1993 Human Tissue Act 2008 Immigration Act 2009 Immigration Advisers Licensing Act 2007 Income Tax Act 2007 Industrial and Provident Societies Act 1908 Insolvency Act 2006 Intelligence and Security Act 2017 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Juries Act 1981 KiwiSaver Act 2006 Land Act 1948 Land Transfer Act 2017 Land Transport Act 1998 Land Valuation Proceedings Act 1948 Law Commission Act 1985 Lawyers and Conveyancers Act 2006 Legal Services Act 2011 Legislation Act 2012 Legislation Act 2019 Local Government Act 2002 Maori Affairs Restructuring Act 1989 Maori Community Development Act 1962 Maori Housing Amendment Act 1938 Maori Purposes Act 1931 Maori Reserved Land Act 1955 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Maori Trust Boards Act 1955 Māori Trustee Act 1953 Marine and Coastal Area (Takutai Moana) Act 2011 Marine Mammals Protection Act 1978 Maritime Transport Act 1994 Meat Board Act 2004 Medicines Act 1981 Mental Health and Wellbeing Commission Act 2020 Mental Health (Compulsory Assessment and Treatment) Act 1992 Ministry of Maori Development Act 1991 Misuse of Drugs Act 1975 Motor Vehicle Sales Act 2003 National Animal Identification and Tracing Act 2012 National Parks Act 1980 New Zealand Antarctic Institute Act 1996 New Zealand Business Number Act 2016 New Zealand Council for Educational Research Act 1972 New Zealand Infrastructure Commission/Te Waihanga Act 2019 New Zealand Maori Arts and Crafts Institute Act 1963 New Zealand Public Health and Disability Act 2000 New Zealand Railways Corporation Act 1981 Nga Wai o Maniapoto (Waipa River) Act 2012 Ngāruahine Claims Settlement Act 2016 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Official Information Act 1982 Ohai Railway Board Act 1932 Ombudsmen Act 1975 Oranga Tamariki Act 1989 Outer Space and High-altitude Activities Act 2017 Pacific Education Foundation Act 1972 Parental Leave and Employment Protection Act 1987 Parliamentary Service Act 2000 Parole Act 2002 Patents Act 2013 Personal Property Securities Act 1999 Plant Variety Rights Act 1987 Policing Act 2008 Pork Industry Board Act 1997 Primary Products Marketing Act 1953 Private Security Personnel and Private Investigators Act 2010 Prohibition of Gang Insignia in Government Premises Act 2013 Protected Disclosures Act 2000 Protection of Personal and Property Rights Act 1988 Psychoactive Substances Act 2013 Public Audit Act 2001 Public and Community Housing Management Act 1992 Public Finance Act 1989 Public Records Act 2005 Public Safety (Public Protection Orders) Act 2014 Queen Elizabeth the Second National Trust Act 1977 Racing Act 2003 Radiocommunications Act 1989 Railways Act 2005 Rating Valuations Act 1998 Real Estate Agents Act 2008 Registered Architects Act 2005 Remuneration Authority Act 1977 Research, Science, and Technology Act 2010 Reserve Bank of New Zealand Act 1989 Reserves Act 1977 Reserves and Other Lands Disposal Act 1949 Reserves and other Lands Disposal and Public Bodies Empowering Act 1920 Residential Care and Disability Support Services Act 2018 Residential Tenancies Act 1986 Resource Management Act 1991 Retirement Villages Act 2003 Road User Charges Act 2012 Sale and Supply of Alcohol Act 2012 Secondhand Dealers and Pawnbrokers Act 2004 Senior Courts Act 2016 Serious Fraud Office Act 1990 Ship Registration Act 1992 Social Security Act 2018 Soil Conservation and Rivers Control Amendment Act 1948 Sports Anti-Doping Act 2006 State-Owned Enterprises Act 1986 State-Owned Enterprises (AgriQuality Limited and Asure New Zealand Limited) Act 2007 Statistics Act 1975 Student Loan Scheme Act 2011 Substance Addiction (Compulsory Assessment and Treatment) Act 2017 Tariff Act 1988 Tax Administration Act 1994 Taxation Review Authorities Act 1994 Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 Te Ture Whenua Maori Act 1993 Te Urewera Act 2014 Trade in Endangered Species Act 1989 Trade Marks Act 2002 Treaty of Waitangi Act 1975 Valuers Act 1948 Veterans' Support Act 2014 Volunteers Employment Protection Act 1973 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 Walking Access Act 2008 Weathertight Homes Resolution Services Act 2006 Weights and Measures Act 1987 Wild Animal Control Act 1977 Wildlife Act 1953 Wine Act 2003 Winston Churchill Memorial Trust Act 1965 WorkSafe New Zealand Act 2013 Anti-Money Laundering and Countering Financing of Terrorism (Definitions) Regulations 2011 Armed Forces Canteens (Fees and Travelling Expenses) Regulations 1974 Biosecurity (Costs) Regulations 2010 Canterbury Earthquake (Resource Management Act—Burwood Resource Recovery Park) Order 2011 Child Support Rules 1992 Cremation Regulations 1973 Education (School Risk Management Scheme) Regulations 2003 Electricity (Hazards from Trees) Regulations 2003 Electricity Industry (Enforcement) Regulations 2010 Family Court Rules 2002 Family Proceedings Rules 1981 Government Superannuation Fund Contributions Order 1978 Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 Lawyers and Conveyancers Act (Conveyancers: Registration and Practice) Regulations 2008 Lawyers and Conveyancers Act (Lawyers: Practice Rules) Regulations 2008 Maori Purposes Fund Regulations 1937 Measurement Standards Regulations 2019 Medicines (Database of Medical Devices) Regulations 2003 New Zealand Public Service Medal Regulations 2018 New Zealand Railways Corporation (Staff) Regulations 1982 Oranga Tamariki (Residential Care) Regulations 1996 Oranga Tamariki Rules 1989 Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 Public Lending Right for New Zealand Authors Regulations 2008 Residential Care and Disability Support Services Regulations 2018 Social Security Regulations 2018 Student Allowances Regulations 1998 The New Zealand Public Service Medal Travelling Allowance Regulations 1949 Travelling-allowance Regulations 1941 Valuers Regulations 1949 Section 135 repealed 6 February 2021 section 133(1)