Public Service Act 2020

If you need more information about this Act, please contact the administering agency: Public Service Commission
5 Interpretation

In this Act, unless the context otherwise requires,—

appropriate Minister, in relation to a public service agency, functional chief executive, or system leader, means—

(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 means an agreement that is binding on—

(a)

1 or more unions; and

(b)

1 or more employers; and

(c)

2 or more employees

Commission means the Public Service Commission

Commissioner means the Public Service Commissioner appointed under 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 means a statutory entity named in Part 1 of Schedule 1 of the Crown Entities Act 2004

Crown entity has the meaning given in section 7 of the Crown Entities Act 2004

Crown Research Institute means a Crown Research Institute established under the Crown Research Institutes Act 1992, or a Crown entity subsidiary of a Crown Research Institute (within the meaning of the Crown Entities Act 2004)

department means any of the agencies listed in Part 1 of Schedule 2 (see also the extended definition of departments in sections 26(3) and 33(3) and see also sections 6 and 7 in relation to references in other enactments)

departmental agency means any of the agencies that are listed in the first column of the table in Part 2 of Schedule 2, and that are each part of the corresponding host department stated in the second column of that table

Deputy Commissioner means a Deputy Public Service Commissioner appointed under section 47

education service has the same meaning as in section 10(7) of the Education and Training Act 2020

employee, in relation to State services,—

(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 or employee of the department has the meaning given in section 65

employee of an interdepartmental venture or employee of the interdepartmental venture has the meaning given in 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 means the framework determined by the Government for the classification and remuneration of statutory and other bodies in which the Crown has an interest

functional chief executive means a chief executive appointed under section 51(5) to a particular functional chief executive role (see section 51(3) and Schedule 5)

host department means the host department of a departmental agency or a functional chief executive

individual employment agreement means an employment agreement that is binding on only 1 employer and 1 employee who is not bound by a collective agreement that binds the employer

interdepartmental executive board means any of the agencies that are listed in the first column of the table in Part 3 of Schedule 2, and that are serviced by the corresponding department stated in the third column of that table

interdepartmental venture means any of the agencies listed in the first column of the table in Part 4 of Schedule 2

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

ministerial staff means employees who are employed on events-based employment agreements or any other fixed-term employment agreement—

(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 has the meaning given in section 2(1) of the Public Finance Act 1989

public service has the meaning given in section 10

public service agency means any of the agencies listed in section 10(a)

public service chief executive or chief executive means (subject to clause 11 of Schedule 7 relating to the Commissioner and the Solicitor-General) a chief executive of a department or departmental agency or a functional chief executive (see also the extended definition of chief executives in sections 29(7) and 36(5))

public service employee,—

(a)

for the purposes of sections 13 and 22, means employees who work in public service agencies and Crown agents:

(b)

for all other purposes in this Act, has the meaning given in section 65

public service leader means the Commissioner, a Deputy Commissioner, or a public service chief executive, and public service leaders means all people holding those roles at the relevant point in time

public service leadership team means the leadership team established under section 59

public service principles means the principles set out in section 12

public service values means the values set out in section 16

remuneration includes—

(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, and companies named in Schedule 4A, of the Public Finance Act 1989; and

(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 of the State-Owned Enterprises Act 1986; or

(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 has the same meaning as institution in section 10(1) of the Education and Training Act 2020

union means a union registered under Part 4 of the Employment Relations Act 2000.

Compare: 1988 No 20 ss 2, 27A(1)