33 Duty to act independently

(1)

Despite section 32, in matters relating to decisions on individual employees (whether matters relating to the appointment, promotion, demotion, transfer, discipline, or the cessation of the employment of any employee, or other matters),—

(a)

the chief executive of a department is responsible for acting independently (and is not responsible to the appropriate Minister); and

(b)

the chief executive of a departmental agency is responsible for acting independently (and is not responsible to the appropriate Minister or to the chief executive of the host department).

(2)

The independence provided in subsection (1) is subject to—

(a)

the requirement in section 50(4) that a chief executive may only appoint an employee to a key position with the Commissioner’s agreement; and

(b)

the requirement in section 59(5) that a chief executive have regard to the wishes of the relevant Minister in relation to decisions on ministerial staff.

Section 33: replaced, on 18 July 2013, by section 28 of the State Sector Amendment Act 2013 (2013 No 49).