Public Service Amendment Bill
Public Service Amendment Bill
Public Service Amendment Bill
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Public Service Amendment Bill
Government Bill
190—1
Explanatory note
General policy statement
This Bill amends the Public Service Act 2020 (the Act), which provides the statutory framework for the operation of the public service. The objectives of the Bill are to—
drive improvements in public service performance; and
ensure that the public service can efficiently and effectively serve the Government to deliver value for money for all New Zealanders; and
create more stability by removing prescription and allowing individual governments more flexibility to express certain policy objectives using non-legislative levers.
The amendments in Part 1 add to, remove, or change existing provisions to—
clarify the role of the public service and streamline the responsibilities of the public service chief executives; and
reinforce the core principles of political neutrality, appointment on merit to all positions, and professional competence; and
improve chief executive and agency performance management (including to ensure better oversight and transparency of public service conduct); and
ensure capability in key positions that oversee common operational functions; and
provide for better management of risks to national security or the national interest.
It is considered that the amendments to the Act provided by the Bill will have a clarifying and enabling effect on the operation of the public service. The Bill retains the core construct and purposes of the Act.
Consequential amendments in Part 2 amend the Data and Statistics Act 2022 and the Civil Defence Emergency Management Act 2002. The amendments provide for the Public Service Commissioner to appoint a Government Statistician under the Data and Statistics Act 2022 rather than under the Act, and shift provisions relating to business continuity management from the Civil Defence Emergency Management Act 2002 to the Act, modernising the language at the same time. Part 2 also sets out consequential amendments to other Acts.
Departmental disclosure statement
The Public Service Commission is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2025&no=190
Regulatory impact statement
The Public Service Commission produced a regulatory impact statement on 19 March 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at—
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause. The Bill will come into force on the day after Royal assent.
Part 1Amendments to Public Service Act 2020
Amendments to Part 1
Clause 3 states that Part 1 amends the Public Service Act 2020 (the Act).
Clause 4 consequentially amends section 3(e) as a result of the repeal of section 13.
Clause 5 consequentially amends section 4, which is a guide to the Act, as follows:
section 4(2), which describes Part 1 of the Act, is amended as a result of the repeal of sections 13 and 52 and new section 11A:
section 4(4), which describes Part 3 of the Act, is amended as a result of the amendment to section 47(1) and new section 55A.
Clause 6 amends section 5, which is the interpretation section, as a result of the repeal of section 13 and the amendment to section 47(1).
Clause 7 replaces the heading to subpart 2 of Part 1 of the Act as a result of the repeal of sections 13 and 52 and new section 11A.
Clauses 8 and 9 repeal the cross-headings above sections 10 and 11.
Clause 10 amends section 11, which sets out the purpose of the public service, as follows:
new section 11 refocuses the purpose of the public service to 6 key areas, providing that the public service—
supports the Government to develop and implement its policies, to deliver high-quality and efficient public services, and to meet the needs of New Zealanders; and
supports constitutional and democratic government and acts with a spirit of service to the community and in accordance with the law:
the purposes of supporting the Government to pursue the long-term public interest and to facilitate active citizenship are removed.
Clause 11 inserts new section 11A to replace section 52. Section 52 sets out the general responsibilities of chief executives, previously named principal responsibilities of chief executives in the State Sector Act 1988 (now repealed). The responsibilities are renamed principal responsibilities of chief executives and inserted into Part 1 of the Act directly after the purpose of the public service. Amendments to those responsibilities are as follows:
new section 11A(1)(b) adds the responsibility for implementing Ministers’ lawful instructions:
under section 52(1)(h) a chief executive is responsible for the efficient and economical delivery of the goods or services provided by their agency and how effectively those goods or service contribute to the intended outcomes. New section 11A(1)(c) adds the responsibility for the performance of the regulatory functions for which their agency is responsible and how effectively those regulatory functions contribute to the intended outcomes:
new section 11A(1)(f) adds the responsibility for the financial stewardship of their agency, including building and maintaining a financially literate workforce:
new section 11A(1)(g) adds the responsibility for working to improve inter-operability, co-ordination, and collaboration across public service agencies:
the responsibility for improving ways of working across public service agencies currently in section 52(1)(a) is removed:
new section 11A(2) to (5) sets out other matters that a chief executive is or is not responsible for. Those matters are currently set out in section 52(2) to (5) (which is repealed by clause 27).
Clause 12 amends section 12, which sets out the public service principles. New section 12(2) sets out the responsibilities of chief executives, boards of interdepartmental ventures, and interdepartmental executive boards relating to upholding the public service principles. Those responsibilities are currently provided for in section 12(2) to (4). As a result, section 12(3) and (4) is repealed and a consequential amendment is made to section 12(5).
Clause 13 repeals section 13, which deals with the requirement for the public service to act with a spirit of service to the community. This is now provided for in new section 11.
Clause 14 amends section 17, which provides for the Commissioner to set minimum standards of integrity and conduct that apply to the agencies referred to in section 17(2). The amendment has the effect of making it mandatory for the Commissioner to set such standards and also specifies that the standards may relate to the public service principles and values.
Clause 15 amends section 19(1), which provides for the Commissioner to issue guidance on integrity and conduct for agencies referred to in section 17(2). The amendment has the effect that guidance may be issued to the State services (except Crown Research Institutes and their subsidiaries), which is wider than the group of agencies referred to in section 17(2).
Amendments to Part 2
Clause 16 consequentially amends section 24(6) as a result of new section 11A(2) and (3) and the repeal of section 52.
Clause 17 amends section 26, which provides for the establishment and reorganisations of interdepartmental executive boards. New section 26(2)(d) requires the Order in Council establishing a board to specify the date on which the board is to be disestablished. New section 26(1)(d) provides for the Governor-General, by Order in Council, to change that date.
Clause 18 consequentially amends—
section 27(1)(a), as a result of new section 11A(1) and the repeal of section 52; and
section 27(3), as a result of new section 11A(4) and (5) and the repeal of section 52.
Clause 19 consequentially amends section 34(a) as a result of new section 11A(1) and the repeal of section 52.
Amendments to Part 3
Clause 20 amends a cross-heading in subpart 1 of Part 3 as a result of the amendment to section 47(1).
Clause 21 amends section 44, which sets out the Commissioner’s general functions. Section 44(c) is amended to remove the requirement for the Commissioner to work with public service chief executives to develop a workforce that reflects the diversity of the society it services and to ensure fair and equitable employment.
Clause 22 amends section 45, which provides that, when making decisions about individual chief executives, the Commissioner is not responsible to the Minister for the Public Service and must act independently. Section 45 is amended to clarify that the Commissioner must act independently except where, in relation to the appointment of a chief executive, the Minister’s involvement is explicitly provided for in clauses 3, 6, 7, and 8 of Schedule 7, as was previously provided for in the State Sector Act 1988 (now repealed). It also makes a consequential amendment to section 45 as a result of the repeal of clause 4 of Schedule 7.
Clause 23 amends section 47, which provides for the appointment of 2 Deputy Public Service Commissioners. Section 47(1) is amended to provide for the appointment of 1 Deputy Public Service Commissioner. Other consequential amendments are made to section 47 as a result of the amendment to section 47(1).
Clause 24 consequentially amends section 48 as a result of the amendment to section 47(1).
Clause 25 consequentially amends section 49 as a result of the amendment to section 47(1).
Clause 26 amends section 51, which provides for the establishment and disestablishment of functional chief executive roles. New section 51(4)(d) requires the Order in Council establishing a functional chief executive to specify the date on which the role is to be disestablished. New section 51(3)(aa) provides for the Governor-General, by Order in Council, to change that date.
Clause 27 repeals section 52, which relates to the general responsibilities of chief executives of departments and departmental agencies. Those are replaced by the principal responsibilities of chief executives of departments and departmental agencies in new section 11A.
Clause 28 consequentially amends section 53(1) as a result of new section 11A and the repeal of section 52.
Clause 29 amends section 54, which sets out, in section 54(1), that when making decisions about individual employees, the chief executive of a department or departmental agency is not responsible to the appropriate Minister and must act independently. The exception to subsection (1) set out in section 54(2) is amended to include the requirements in new section 55A(3) to (5) relating to a chief executive appointing an employee to a key position with the Commissioner’s agreement. A consequential amendment is also made to section 54(1) as a result of new section 11A(1) and the repeal of section 52.
Clause 30 inserts new section 55A, which provides for the Commissioner to designate as a key position a position in a department or an interdepartmental venture, as was provided for in the State Sector Act 1988 (now repealed). A key position is a position that, in the Commissioner’s opinion, is key because it is critical to the performance of the public service or because of its potential to develop senior leaders. The chief executive of a department or the board of an interdepartmental venture may appoint an employee to a key position only with the Commissioner’s agreement and must consult the Commissioner on the performance review of any employee appointed to a key position.
Clause 31 consequentially amends section 59(b) as a result of the amendment to section 47(1).
Clause 32 inserts new section 66A, which provides for the chief executive of the Department of the Prime Minister and Cabinet (the DPMC) to appoint employees to the policy advisory group on fixed-term agreements. The policy advisory group is the group of advisers within the DPMC who provide advice directly to the Prime Minister about specified portfolios across the government. The following are each deemed to be a genuine reason for the fixed-term employment appointments for the purposes of section 66(2)(a) of the Employment Relations Act 2000:
to enable periodic change in the composition of the group to develop leadership and advice capability in the public service:
to ensure that the group comprises a complementary mix of advisory skills.
Clause 33 consequentially amends section 68(1)(a), which provides that the chief executive of a host department is treated as having delegated to the chief executive of the departmental agency the rights, duties, and powers in specified provisions. The amendment adds to the specified provisions new section 55A, which relates to the appointment of employees to key positions. Consequential amendments are also made as a result of new sections 89A to 89E and the repeal of clauses 7 to 11 of Schedule 8.
Clause 34 amends section 73, which requires a chief executive of a department and a board of an interdepartmental venture to operate an employment policy that complies with the principle of being a good employer. Section 73(3)(i) and (j) is repealed, removing the requirements for a chief executive and a board to have employment policies recognising the importance of pay equity between female and male employees and recognising the importance of decisions about remuneration being free from bias, including gender bias. A consequential amendment is made to section 73(2) as a result of the repeal of section 75.
Clause 35 repeals section 75 and the cross-heading above section 75. The effect is to remove the requirements that a chief executive of a department and a board of an interdepartmental venture—
be guided by the principle that the group comprising all public service employees should reflect the makeup of society; and
in employment policies and practices, foster a workplace that is inclusive of all groups.
Clause 36 adds a new cross-heading after section 85 to clarify that sections 86 to 89 relate to the transfer of employees between public service agencies and restrictions on redundancy payments.
Clause 37 inserts new sections 89A to 89E, which are currently set out in clauses 7 to 11 of Schedule 8, so that they are grouped with other employment-related provisions in the body of the Act.
Clause 38 inserts a new cross-heading and new sections 94A and 94B, as follows:
new section 94A requires a chief executive of a department or the board of an interdepartmental venture to notify the Commissioner before an investigation is commenced into allegations of misconduct or serious misconduct by a senior public service employee. A senior public service employee is an employee who reports directly to the chief executive or the board. The Commissioner may provide oversight and advice to the chief executive or the board on the interpretation and application of standards and guidance relating to integrity and conduct:
new section 94B requires the agencies referred to in section 17(2) (excluding school boards) to report to the Commissioner on the outcome of all investigations into alleged misconduct or serious misconduct by employees that have ceased or are concluded in a financial year, as soon as practicable after the end of that year. The Commissioner may issue guidance on this reporting, including the format. The Commissioner must use the information to prepare and publish a report annually on the Commission’s Internet site.
Amendment to Part 4
Clause 39 amends section 97, which requires government workforce policy to relate to workforce matters (including employment and workforce) for the purpose of fostering a consistent, efficient, and effective approach to those matters across the agencies specified in the policy. Section 97(2) sets out an indicative list of workforce matters that may (without limitation) be included in the government workforce policy. The amendment repeals section 97(2)(e), to remove pay equity and workforce diversity and inclusiveness from that indicative list.
Amendments to Part 5
Clause 40 consequentially amends section 103 as a result of the amendment to section 47(1).
Clause 41 amends section 104 to clarify that the immunity from liability provided for in section 104(1) applies to the Commissioner in their role as Commissioner and as a public service chief executive. New section 104(1A) clarifies that the immunity in section 104(1) applies to public service chief executives acting in any capacity under the Act or any other Act or otherwise.
Amendments to schedules
Clause 42 amends Schedule 1, which provides for transitional, savings, and related provisions, by inserting new Part 2 set out in the Schedule. It provides a transitional provision (new clause 18 of new Part 2 in Schedule 1) relating to the amendment made by clause 23 of the Bill to section 47(1). That amendment requires the Commissioner to appoint 1 Deputy Commissioner (rather than 2, as currently required). New clause 18 provides that the person who is the longest serving Deputy Commissioner immediately before the date on which clause 23 comes into force (the commencement date) is to be treated as the Deputy Commissioner under the Act on and after that date. The terms and conditions of appointment of that person immediately before the commencement date continue to apply on and after the commencement date (unless modified in accordance with the applicable rules and procedures). The role of the Deputy Commissioner who is not the longest serving immediately before the commencement date comes to an end at the close of the day before the commencement date.
Clause 43 amends Schedule 3, which provides for other functions and powers of the Commissioner, as follows:
clause 2 is amended to insert new clause 2(3), which provides for the Commissioner to recover from a public service agency or the host department of the functional chief executive the actual and reasonable costs incurred by the Commission in conducting an investigation or inquiry:
the heading to clause 4 is amended to clarify that clause 4 relates to the power to require information, question employees, and enter premises:
clause 4(1) is amended to move the contents of paragraph (a) to new paragraph (d) and move the contents of clause 4(4) to new clause 4(2A):
new clause 5A provides for the Commissioner to conduct an agency performance improvement review (with the agreement of the appropriate or responsible Minister) or a system performance improvement review (with the agreement of the Minister for the Public Service). The Commissioner may recover from the agency or agencies subject to the review the actual and reasonable costs incurred by the Commissioner in conducting the review. The following agencies may be subject to a review:
any public service agency:
Crown entities named in Schedule 1 of the Crown Entities Act 2004 (being Crown agents, autonomous Crown entities, and independent Crown entities):
the New Zealand Police:
the New Zealand Defence Force:
the Parliamentary Counsel Office:
new clauses 5B to 5F give the Commissioner the power to issue to agencies a direction to restrict (including prohibit) the use of a specified vendor, service, or product, or specified class of vendors, services, or products, by or within those agencies (and to issue guidance on those matters to agencies in the State services, see new clause 5D). The Commissioner may do so if they consider it necessary to manage risk to national security or the national interest and may rely on classified security information in deciding to issue a direction. That information is certified by the head of a specified agency as information that cannot be disclosed under the Act for the reasons set out in new clause 5B(2) and (3), except as expressly authorised by or under an Act or other rule of law. Before issuing a direction, the Commissioner must have regard to the matters set out in new clause 5C(4) and, in accordance with new clause 5C(3), must—
seek advice from public service chief executives, including—
the Directors-General of Security and of the Government Communications Security Bureau, and the Secretary of the Department of the Prime Minister and Cabinet, regarding the risk to national security; and
the Secretary of Foreign Affairs and Trade, regarding New Zealand’s international obligations and relationships; and
consult the Minister for the Public Service:
new clause 5E applies if a direction restricting the use of specified vendors, services, or products has been issued under new clause 5C(1) and an affected person or their representative is in New Zealand. The Commissioner must, if practicable, give notice of the direction to the affected person or their representative. If the Commissioner has relied on classified security information in deciding to issue the direction, the notice must state that. The affected person may request a summary of the classified security information. The Commissioner may refuse to provide a summary if the Commissioner and the head of a specified agency are satisfied that a summary cannot be provided without disclosing classified security information. An affected person means, in relation a direction under new clause 5C(1), any of the following persons:
a vendor who is specified in the direction:
a provider of a service that is specified in the direction:
a manufacturer or a developer of a product that is specified in the direction:
new clause 5F applies to any civil proceedings in a court relating to a direction issued under new clause 5C(1). It provides for the Attorney-General to apply to a court under section 32 of the Security Information in Proceedings Act 2022 for an order to protect the confidentiality of the classified security information:
clause 6, which relates to the power of the Commissioner to delegate functions or powers to a person or group, is amended to include as one of the powers that the Commissioner must not delegate the power under new section 5C to issue a direction to manage risk to national security and the national interest. A consequential amendment is also made as a result of amendments to clause 3 of Schedule 7:
clause 16, which relates to the requirement for the Commissioner to brief the Minister for the Public Service on the state of the public service at least once every 3 years, is amended to remove the requirement for the Commissioner to include in the briefing an assessment of whether and the extent to which public service agencies are achieving workforce diversity and inclusiveness.
Clause 44 amends Schedule 4, which provides other terms and conditions of the appointment of the Commissioner and Deputy Commissioners. Clauses 1 to 6 and the heading to Schedule 4 are consequentially amended as a result of the amendment to section 47(1).
Clause 45 amends Schedule 6, which provides for other functions and powers of public sector chief executives, as follows:
clause 2, which relates to the power of a chief executive to delegate functions or powers under the Act or another enactment, is amended to clarify that, in relation to a function of the public service, a delegate or subdelegate may include an employee of an employer who has a contract or other arrangement with the chief executive under which the employee performs work for the benefit of the chief executive (and the chief executive is the controlling third party within the meaning given to that term in section 5 of the Employment Relations Act 2000):
clause 8(1), which provides for chief executives to give long-term insights briefings to their appropriate Minister, is amended to provide for the chief executive of the DPMC to give the briefing to the Prime Minister and Minister for the Public Service at least once in every 3 years beginning on the commencement date (being that date on which this clause comes into force):
clause 8(7), which requires the Minister for the Public Service to present a copy of the long-term insights briefing to the House of Representatives, is amended to require the Prime Minister to do so:
consequential amendments are made to clauses 8(4) to (6) and 9(1) and (2) as a result of amendments to clause 8(1):
new clause 10 provides that the chief executive of the DPMC must issue guidance to other chief executives to support long-term thinking in policy development and to increase the capability of the public service to undertake long-term thinking in policy development:
new clause 11 provides that a chief executive of a department or a departmental agency, an interdepartmental executive board, or a board of an interdepartmental venture must ensure their agency has business continuity management in place to ensure delivery of critical functions and services during and after any disruption (including an emergency). The chief executive must make available to the Commissioner in writing, on request, its plan for functioning during and after a disruption. These provisions are currently set out in section 58 of the Civil Defence Emergency Management Act 2002, which is repealed by clause 51.
Clause 46 amends Schedule 7, which provides for the appointment and performance review of public service chief executives, as follows:
clause 3, which provides the process for the Commissioner to appoint a chief executive, is amended as follows:
clause 3(4) provides for the membership of a panel required to be established for each vacancy. Clause 3(4)(b) is amended to clarify that the panel may include the Commissioner or the Deputy Commissioner (without that person being the chairperson):
clause 3(7), which provides that the panel must have regard to the requirements in the Act relating to merit-based appointments and diversity and inclusiveness, is amended to remove the requirement relating to diversity and inclusiveness:
clause 3(15) provides that if the Governor-General declines the chairperson’s recommendation to appoint a chief executive, the Governor-General may direct the chairperson to appoint a particular person, and the chairperson must appoint the person and publish notice of the appointment in the Gazette. Clause 3(15) is amended to reintroduce the requirement, previously in the State Sector Act 1988 (now repealed), that the chairperson must also publish in the Gazette notice that the Governor-General made the direction to appoint the person:
clause 4, which provides for the Commissioner to recommend that an existing chief executive be reappointed for further terms without following a contestable process, is repealed:
clause 5, which provides for the Commissioner to appoint and reappoint the Government Statistician, is repealed. Amendments to the Data and Statistics Act 2022, set out in clauses 54 to 56, provide for the Commissioner to appoint the Government Statistician under that Act:
clause 9, which provides for the Commissioner to appoint another person if there is a vacancy in the position of a chief executive or if a chief executive is absent from duty and unable to delegate their functions, duties, and powers to another person, is amended as follows:
clause 9(1)(b) is replaced to clarify that, if a chief executive is absent from duty, the Commissioner and the chief executive may agree that an acting chief executive be appointed:
clause 9(5) is replaced to provide that the appointment of an acting chief executive ceases on the date on which a chief executive of a department or departmental agency or a functional chief executive returns to duty:
new clause 9A requires the Commissioner to develop a framework, including the criteria and process, for conducting performance reviews of chief executives. The Commissioner must consult the Minister for the Public Service on the framework, and it must be published on the Commission’s Internet site:
new clause 10(1A) requires the Commissioner to set the performance expectations of a chief executive, including the key performance indicators that the chief executive is expected to meet. The Commissioner must consult the appropriate Minister and have regard to their recommendations when setting the performance expectations and reviewing the chief executive’s performance:
consequential amendments are also made to—
clauses 3(1) and 11(1) and (2) as a result of the repeal of clauses 4 and 5:
clauses 3(4)(a) and 6(1) as a result of the amendment to section 47(1).
Clause 47 amends Schedule 8, which provides for other employment provisions, as follows:
clause 4 is amended, which requires the chief executive of a department or the board of an interdepartmental venture to notify the employees within the agency of appointments made by the chief executive or board. Clause 4(2) provides exceptions to this requirement and is amended to remove the appointment of temporary and casual employees from those exceptions. The effect of the amendment is that the appointment of temporary and casual employees must be notified within an agency:
clause 5 is amended, which requires the chief executive of a department or the board of an interdepartmental venture to put into place a procedure for reviewing appointments made within that agency that are the subject of a complaint by an employee in that agency. Clause 5(2) requires the procedure to be approved by the Commissioner and to comply with guidelines prescribed by the Commissioner. The amendment removes the requirement for the Commissioner to approve the procedure:
clauses 7 to 11 are repealed, as they are inserted as new sections 89A to 89E.
Part 2Consequential amendments to other Acts
Amendment to Child Poverty Reduction Act 2018
Clause 48 provides that clause 49 amends the Child Poverty Reduction Act 2018.
Clause 49 consequentially amends section 33(3)(a) as a result of new section 11A of the Public Service Act 2020 and the repeal of section 52 of that Act.
Amendment to Civil Defence Emergency Management Act 2002
Clause 50 provides that clause 51 amends the Civil Defence Emergency Management Act 2002.
Clause 51 repeals section 58.
Amendment to Crown Pastoral Land Act 1998
Clause 52 provides that clause 53 amends the Crown Pastoral Land Act 1998.
Clause 53 consequentially amends section 22A as a result of new section 11A(1)(j) of the Public Service Act 2020 and the repeal of section 52(1)(d) of that Act.
Amendments to Data and Statistics Act 2022
Clause 54 provides that clauses 55 and 56 amend the Data and Statistics Act 2022.
Clause 55 amends section 6, which is the interpretation section. The definition of Statistician is replaced by a new definition providing that Statistician means the Government Statistician appointed under section 12.
Clause 56 amends section 12 as a result of the repeal of clause 5 of Schedule 7 of the Public Service Act 2020 made by clause 46. Section 12(1) of the Data and Statistics Act 2022, which provides that there must be an officer appointed called the Government Statistician, is replaced by new section 12(1).
New section 12(1) provides that the Government Statistician must be appointed by the Public Service Commissioner in accordance with clause 3(2) to (9) of Schedule 7 of the Public Service Act 2020.
New section 12(1A) provides that clause 3(10) to (15) of Schedule 7 of the Public Service Act 2020 does not apply to the appointment of the Government Statistician.
Amendments to Education and Training Act 2020
Clause 57 provides that clause 58 amends the Education and Training Act 2020.
Clause 58 consequentially amends section 463(1)(a)(ii) and (2)(b) as a result of new section 11A of the Public Service Act 2020 and the repeal of section 52 of that Act.
Amendment to Employment Relations Act 2000
Clause 59 provides that clause 60 amends the Employment Relations Act 2000.
Clause 60 consequentially amends section 194 as a result of the repeal of clauses 7 to 11 of Schedule 8 of the Public Service Act 2020.
Amendment to Legislation Act 2019
Clause 61 provides that clause 62 amends the Legislation Act 2019.
Clause 62 consequentially amends section 106 as a result of new section 11A of the Public Service Act 2020 and the repeal of section 52 of that Act.
Amendment to Remuneration Authority Act 1977
Clause 63 provides that clause 64 amends the Remuneration Authority Act 1977.
Clause 64 consequentially amends Schedule 4 as a result of the amendment to section 47(1) of the Public Service Act 2020.
Amendments to Security Information in Proceedings Act 2022
Clause 65 provides that clauses 66 and 67 amend the Security Information in Proceedings Act 2022.
Clause 66 amends section 4, which is the interpretation section, as follows:
the definition of classified security information is amended to include the meaning given in new clause 5B of Schedule 3 of the Public Service Act 2020; and
paragraph (a) of the definition of security information is amended to include the meaning given in new clause 5B of Schedule 3 of the Public Service Act 2020.
Clause 67 amends section 29, which provides that Part 3 applies to specified civil proceedings. Section 29(a) is amended to include a civil proceeding described in new clause 5F of Schedule 3 of the Public Service Act 2020 as one to which Part 3 applies.
Hon Judith Collins
Public Service Amendment Bill
Government Bill
190—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Public Service Amendment Act 2025.
2 Commencement
This Act comes into force on the day after Royal assent.
Part 1 Amendments to Public Service Act 2020
Amendments to Part 1
3 Principal Act
This Part amends the Public Service Act 2020.
4 Section 3 amended (Purposes of this Act)
In section 3(e),—
(a)
delete “fundamental characteristic of the”
; and
(b)
replace “is acting”
with “acts”
.
5 Section 4 amended (Guide to this Act)
(1)
In section 4(2),—
(a)
after “purpose of the public service,”
, insert “the principal responsibilities of chief executives,”
; and
(b)
delete “acting with a spirit of service to the community,”
.
(2)
In section 4(4),—
(a)
replace “Deputy Public Service Commissioners”
with “Deputy Public Service Commissioner”
; and
(b)
after “provisions relating to”
, insert “key positions in the public service,”
.
6 Section 5 amended (Interpretation)
(1)
In section 5, definition of Deputy Commissioner, replace “a Deputy Public Service Commissioner”
with “the Deputy Public Service Commissioner”
.
(2)
In section 5, definition of public service employee, paragraph (a), replace “sections 13 and”
with “section”
.
(3)
In section 5, definition of public service leader, replace “a Deputy Commissioner”
with “the Deputy Commissioner”
.
7 Subpart 2 heading in Part 1 replaced
In Part 1, replace the subpart 2 heading with:
Subpart 2—Public service defined, purpose of the public service, principal responsibilities of chief executives, and public service principles
8 Cross-heading above section 10 repealed
Repeal the cross-heading above section 10.
9 Cross-heading above section 11 repealed
Repeal the cross-heading above section 11.
10 Section 11 replaced (Purpose)
Replace section 11 with:
11 Purpose of the public service
The public service—
(a)
supports the Government to develop and implement its policies, deliver high-quality and efficient public services, and meet the needs of New Zealanders; and
(b)
supports constitutional and democratic government and acts with a spirit of service to the community and in accordance with the law.
11 New section 11A inserted (Principal responsibilities of chief executives of departments and departmental agencies)
After section 11, insert:
11A Principal 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)
giving advice to Ministers; and
(b)
implementing Ministers’ lawful instructions; and
(c)
the efficient and economical delivery of the goods or services provided by their agency, the performance of the regulatory functions for which their agency is responsible, and how effectively those goods, services, and regulatory functions contribute to intended outcomes; and
(d)
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
(e)
the operation of their agency, including in carrying out the purpose of the public service under section 11; and
(f)
the financial stewardship of their agency, including building and maintaining a financially literate workforce; and
(g)
working to improve inter-operability, co-ordination, and collaboration across public service agencies; and
(h)
the integrity and conduct of the employees for whom the chief executive is responsible; and
(i)
their agency’s responsiveness on matters relating to the collective interests of government; and
(j)
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.
(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.
12 Section 12 amended (Public service principles)
(1)
Replace section 12(2) with:
(2)
Public service chief executives, boards of interdepartmental ventures, and interdepartmental executive boards are responsible for—
(a)
upholding the public service principles when carrying out their responsibilities and performing their functions; and
(b)
ensuring that any agencies they lead or perform some functions within also uphold the public service principles when carrying out their responsibilities and performing their functions.
(2)
Repeal section 12(3) and (4).
(3)
In section 12(5), replace “subsections (2) to (4)”
with “subsection (2)”
.
13 Section 13 repealed (Spirit of service to community)
Repeal section 13.
14 Section 17 amended (Commissioner may set minimum standards of integrity and conduct)
(1)
In the heading to section 17, replace “may”
with “must”
.
(2)
Replace section 17(1) with:
(1)
The Commissioner must set minimum standards of integrity and conduct.
(1A)
The minimum standards may include standards relating to—
(a)
the public service principles:
(b)
the public service values.
15 Section 19 amended (Guidance on integrity and conduct)
In section 19(1), replace “agencies referred to in section 17(2)”
with “agencies in the State services (except Crown Research Institutes and their subsidiaries)”
.
Amendments to Part 2
16 Section 24 amended (Functions, duties, and powers and working arrangements of departmental agencies)
In section 24(6), replace “section 52(2) and (3), which relates to”
with “section 11A(2) and (3), which relates to”
.
17 Section 26 amended (Establishment and reorganisations of interdepartmental executive boards)
(1)
After section 26(1)(c), insert:
(d)
if the date on which the board is to be disestablished is changed, amend the date on which the board is to be disestablished and the item in Part 3 of Schedule 2 relating to that board is consequentially repealed.
(2)
Replace section 26(2)(d) with:
(d)
specify the date on which the board is to be disestablished and the item in Part 3 of Schedule 2 relating to that board is consequentially repealed.
18 Section 27 amended (Responsibilities, powers, and working arrangements of interdepartmental executive boards)
(1)
In section 27(1)(a), replace “section 52(1) (relating to general responsibilities of chief executives)”
with “section 11A(1) (relating to principal responsibilities of chief executives)”
.
(2)
In section 27(3), replace “section 52(4) and (5), which relates to”
with “section 11A(4) and (5), which relate to”
.
19 Section 34 amended (Responsibilities and powers of boards of interdepartmental ventures)
In section 34(a), replace “section 52(1) (relating to general responsibilities of chief executives)”
with “section 11A(1) (relating to principal responsibilities of chief executives)”
.
Amendments to Part 3
20 Cross-heading above section 42 amended
In the cross-heading above section 42, replace “Deputy Public Service Commissioners”
with “Deputy Public Service Commissioner”
.
21 Section 44 amended (Commissioner’s general functions)
In section 44(c), replace “that reflects the diversity of the society it serves and to ensure fair and equitable employment, including by promoting”
with “and to promote”
.
22 Section 45 amended (Duty to act independently when making decisions about public service chief executives)
Replace section 45(1) and (2) with:
When making decisions about individual chief executives, the Commissioner is not responsible to the Minister and must act independently, except as provided for in clauses 3, 6, 7, and 8 of Schedule 7 (relating to appointment, transfer, conditions of employment, and removal from office of chief executives).
23 Section 47 amended (Deputy Public Service Commissioners)
(1)
Replace the heading to section 47 with “Deputy Public Service Commissioner”
.
(2)
In section 47(1), replace “Two Deputy Public Service Commissioners”
with “A Deputy Public Service Commissioner”
.
(3)
In section 47(3) and (6), replace “a Deputy Commissioner”
with “the Deputy Commissioner”
.
(4)
In section 47(4), replace “either or both of the Deputy Commissioners”
with “the Deputy Commissioner”
.
(5)
In section 47(5), delete “who has held the role longer”
.
24 Section 48 amended (Other terms and conditions of appointment in Schedule 4)
In section 48, replace “Deputy Commissioners”
with “Deputy Commissioner”
.
25 Section 49 amended (Commissioner is chief executive of Commission)
(1)
In section 49(2), replace “a Deputy Commissioner”
with “the Deputy Commissioner”
.
(2)
Replace section 49(3) with:
(3)
The Deputy Commissioner retains their office as Deputy Commissioner despite any delegation of all or part of the chief executive’s role.
26 Section 51 amended (Public service chief executives)
(1)
After section 51(3)(a), insert:
(aa)
if the date on which the functional chief executive role is to be disestablished is changed, amend the date on which the role is to be disestablished and the item in Schedule 5 relating to that role is consequentially repealed:
(2)
Replace section 51(4)(d) with:
(d)
specify the date on which the functional chief executive role is to be disestablished and the item in Schedule 5 relating to that role is consequentially repealed.
27 Section 52 repealed (General responsibilities of chief executives of departments and departmental agencies)
Repeal section 52.
28 Section 53 amended (Functional chief executives)
In section 53(1), replace “Section 52(1)”
with “Section 11A(1)”
.
29 Section 54 amended (Duty to act independently in employment matters)
(1)
In section 54(1), replace “section 52(1)”
with “section 11A(1)”
.
(2)
Replace section 54(2) with:
(2)
The independence required by subsection (1) is subject to—
(a)
the requirements in section 55A(3) to (5) relating to key positions; and
(b)
the requirement in section 70(1) that a chief executive have regard to the wishes of the relevant Minister when making decisions about ministerial staff.
30 New section 55A and cross-heading inserted
After section 55, insert:
Key positions
55A Key positions in the public service
(1)
The Commissioner may, after consulting the chief executive of a department or the board of an interdepartmental venture, designate as a key position a position in the department or interdepartmental venture that meets the criteria in subsection (2).
(2)
For the purposes of this section and section 54(2)(a), key position means a position in a department or an interdepartmental venture that, in the opinion of the Commissioner, is key—
(a)
because it is critical to the performance of the public service; or
(b)
because of its potential to develop senior leaders.
(3)
The chief executive or the board may appoint an employee to a key position only with the Commissioner’s agreement.
(4)
The chief executive or the board must consult the Commissioner on the performance review of any employee appointed to a key position.
(5)
The chief executive or the board must notify the Commissioner of any intention to redesign, restructure, or otherwise change a key position.
(6)
The Commissioner must publish a list of key positions on an Internet site maintained by or on behalf of the Commission.
31 Section 59 amended (Public service leadership team)
In section 59(b), replace “2 Deputy Commissioners”
with “Deputy Commissioner”
.
32 New section 66A inserted (Public service employees: policy advisory group)
After section 66, insert:
66A Public service employees: policy advisory group
(1)
In this section, policy advisory group means the group of advisers established within the Department of the Prime Minister and Cabinet who provide advice directly to the Prime Minister about specific portfolios across the government.
(2)
The chief executive of the Department of the Prime Minister and Cabinet may appoint employees to the policy advisory group on fixed-term employment agreements.
(3)
The following are each deemed to be a genuine reason for appointing employees to the policy advisory group on fixed-term employment agreements for the purposes of section 66(2)(a) of the Employment Relations Act 2000:
(a)
to enable periodic change in the composition of the policy advisory group for the purposes of developing leadership and advice capability in the public service:
(b)
to ensure that the policy advisory group comprises a complementary mix of advisory skills.
33 Section 68 amended (Public service employees: departmental agencies)
(1)
Before section 68(1)(a)(i), insert:
(iaaa)
section 55A(3) to (5) (relating to key positions); and
(2)
After section 68(1)(a)(vi), insert:
(via)
section 89A (application of collective agreements to employees following reorganisations); and
(vib)
sections 89B to 89E (application of employee and reorganisation provisions to transfers of functions between public service agencies and Crown entities); and
(vic)
section 94A (notification of misconduct or serious misconduct investigations); and
(3)
Repeal section 68(1)(xii) and (xiii).
34 Section 73 amended (Chief executive of department and board of an interdepartmental venture to be good employer)
(1)
Repeal section 73(2).
(2)
Repeal section 73(3)(i) and (j).
35 Section 75 and cross-heading repealed
Repeal section 75 and the cross-heading above section 75.
36 New cross-heading above section 86 inserted
After section 85, insert:
Transfer of employees between public service agencies and restrictions on redundancy payments
37 New sections 89A to 89E and cross-headings inserted
After section 89, insert:
Application of collective agreements to employees following reorganisations
89A Application of collective agreements to employees following reorganisations
(1)
This section limits which employees may be bound by a collective agreement that—
(a)
binds the chief executive or board of a department or an interdepartmental venture (A) before a transfer of functions from A to another department or interdepartmental venture (B) and that, as a consequence of clauses 2 and 3 of Schedule 9, binds the chief executive or board of B after that transfer of functions (collective agreement A); or
(b)
binds the chief executive or board of B before that transfer of functions (collective agreement B).
(2)
After that transfer of functions,—
(a)
the only employees of B who are entitled to be bound by or enforce collective agreement A are those employees who are appointed to a position as an employee in B that has been established (whether or not previously existing in A) to enable B to carry out the transferred functions; and
(b)
the only employees of B who are entitled to be bound by or enforce collective agreement B are those employees who hold, or are appointed to, a position as an employee other than a position referred to in paragraph (a).
(3)
Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.
(4)
This section limits which employees may be bound by collective agreements, and the coverage of those agreements, under sections 76 to 80 of this Act and sections 56(1), 57, 62(3), and 243 of the Employment Relations Act 2000.
(5)
This section does not apply to a collective agreement to the extent that the parties to the agreement agree otherwise.
Application of employee and reorganisation provisions to transfer of functions between public service agencies and Crown entities
89B Application of employee and reorganisation provisions to transfers of functions between public service agencies and Crown entities
This section and sections 89C to 89E apply to a transfer of functions from a Crown entity to a public service agency and to a transfer of functions from a public service agency to a Crown entity.
89C Restriction of redundancy payments
Sections 88(1) and (3) and 89 apply—
(a)
as if—
(i)
a reference to a public service employee were a reference to an employee of a Crown entity, department, or interdepartmental venture; and
(ii)
a reference to the employee’s current department or interdepartmental venture were a reference to the employee’s current Crown entity, department, or interdepartmental venture; and
(b)
with all other necessary modifications.
89D Application of reorganisation provisions to collective agreements
(1)
The provisions specified in subsections (2) and (3) (relating to reorganisations) apply to the extent that—
(a)
those provisions relate to a collective agreement that binds the chief executive of a Crown entity or department or the board of an interdepartmental venture before the transfer of the functions; and
(b)
that collective agreement applies to an employee whose position in the Crown entity or department or interdepartmental venture ceases to exist as a result of the transfer of functions.
(2)
Clause 2(3) and (6) of Schedule 9 applies—
(a)
as if a reference to the public service agency whose functions have been transferred were a reference to the Crown entity or public service agency whose functions are being transferred; and
(b)
with all other necessary modifications.
(3)
Clause 3(3) of Schedule 9 applies—
(a)
as if a reference to the chief executive of the public service agency whose functions have been transferred were a reference to the board of the Crown entity, or the chief executive or board of the public service agency, whose functions have been transferred; and
(b)
with all other necessary modifications.
89E Application of collective agreements to employees following reorganisations
(1)
Section 89A applies to the extent that—
(a)
any collective agreement binds the chief executive of a Crown entity or department or the board of an interdepartmental venture before the transfer of the functions; and
(b)
that collective agreement applies to an employee whose position in the Crown entity or department or interdepartmental venture ceases to exist as a result of the transfer of functions.
(2)
Section 89A applies in respect of the Crown entity, department, or interdepartmental venture that functions are transferred from—
(a)
as if any reference to department or interdepartmental venture A in that section were a reference to that Crown entity or department or interdepartmental venture; and
(b)
with all other necessary modifications.
38 New sections 94A and 94B and cross-heading inserted
After section 94, insert:
Notifying and reporting on misconduct or serious misconduct investigations
94A Notification of misconduct or serious misconduct investigations
(1)
A chief executive of a department or the board of an interdepartmental venture must notify the Commissioner before commencing an investigation into allegations of misconduct or serious misconduct by a senior public service employee.
(2)
The Commissioner may provide oversight and advice to the chief executive or the board on the interpretation and application of standards and guidance relating to integrity and conduct.
(3)
In this section, senior public service employee means a public service employee who reports directly to the chief executive or the board.
94B Reporting on misconduct or serious misconduct investigations
(1)
This section applies to the agencies referred to in section 17(2) (excluding school boards).
(2)
Each agency must give a report to the Commissioner on the outcome of all investigations into alleged misconduct or serious misconduct by employees of the agency that have ceased or are concluded before the end of a financial year, as soon as practicable after the end of that financial year.
(3)
The Commissioner may issue guidance on this reporting, including the format.
(4)
The Commissioner must use this information to prepare and publish a report annually on an Internet site maintained by, or on behalf of, the Commission.
(5)
In this section, school board has the meaning given in section 7(1)(d) of the Crown Entities Act 2004.
Amendment to Part 4
39 Section 97 amended (Government workforce policy: content)
Repeal section 97(2)(e).
Amendments to Part 5
40 Section 103 amended (Offence to solicit or attempt to influence public service leaders)
In section 103(3)(a), replace “a Deputy Commissioner”
with “the Deputy Commissioner”
.
41 Section 104 amended (Immunity for chief executives and employees)
(1)
In section 104(1), replace “Public service chief executives, Deputy Commissioners,”
with “The Commissioner, the Deputy Commissioner, public service chief executives,”
.
(2)
After section 104(1), insert:
(1A)
The immunity in subsection (1) applies to public service chief executives acting in any capacity under this Act or any other Act or otherwise.
Amendments to schedules
42 Schedule 1 amended
In Schedule 1,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
43 Schedule 3 amended
(1)
In Schedule 3, after clause 2(2), insert:
(3)
The Commissioner may recover from the public service agency or host department the actual and reasonable costs incurred by the Commission in conducting an investigation or inquiry.
(2)
In Schedule 3, in the heading to clause 4, after “Power to”
, insert “require information, question employees, and”
.
(3)
In Schedule 3, repeal clause 4(1)(a).
(4)
In Schedule 3, after clause 4(1)(c), insert:
(d)
enter the premises of a public service agency.
(5)
In Schedule 3, after clause 4(2), insert:
(2A)
A person has the same privileges as witnesses in courts of law when—
(a)
producing information, documents, and files; and
(b)
giving information or particulars; and
(c)
answering questions.
(6)
In Schedule 3, repeal clause 4(4).
(7)
In Schedule 3, after clause 5, insert:
Performance improvement reviews
5A Power to conduct performance improvement review
(1)
This clause applies to—
(a)
the public service; and
(b)
Crown entities named in Schedule 1 of the Crown Entities Act 2004; and
(c)
the New Zealand Police, the New Zealand Defence Force, and the Parliamentary Counsel Office.
(2)
The Commissioner may conduct—
(a)
an agency performance improvement review with the agreement of the appropriate or responsible Minister; or
(b)
a system performance improvement review with the agreement of the Minister.
(3)
The Commissioner may recover from the agency or agencies, as applicable, the actual and reasonable costs incurred by the Commissioner in conducting the performance improvement review.
(4)
In this clause,—
agency performance improvement review means an independent review of the performance of an agency, including the agency’s delivery of government priorities, core functions, and organisational management
system performance improvement review means an independent review of the performance of a group of agencies, including how the agencies work together to deliver shared outcomes.
Directions to manage risks to national interest and national security
5B Meaning of classified security information
(1)
In this schedule, unless the context otherwise requires, classified security information means information held by a specified agency that the head of the specified agency certifies in writing cannot be disclosed under this Act (except as expressly authorised by or under an Act or other rule of law) because—
(a)
the information is information of a kind specified in subclause (2); and
(b)
disclosure of the information would be disclosure of a kind specified in subclause (3).
(2)
Information falls within subclause (1)(a) if it—
(a)
might lead to the identification, or provide details, of the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the specified agency; or
(b)
is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the specified agency; or
(c)
has been provided to the specified agency by the Government of another country, an agency of the Government of another country, or an international organisation, and is information that the specified agency cannot disclose because the Government, agency, or organisation that has provided the information will not consent to the disclosure.
(3)
Disclosure of information falls within subclause (1)(b) if the disclosure would be likely—
(a)
to prejudice the security or defence of New Zealand or the international relations of New Zealand; or
(b)
to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country, an agency of the Government of another country, or an international organisation; or
(c)
to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
(d)
to endanger the safety of any person.
(4)
In this schedule, in relation to classified security information,—
head of the specified agency means, as applicable, the Director-General of Security, the Director-General of the Government Communications Security Bureau, the Secretary of the Department of the Prime Minister and Cabinet, or the Secretary of Foreign Affairs and Trade
specified agency means, as applicable, the New Zealand Security Intelligence Service, the Government Communications Security Bureau, the Department of the Prime Minister and Cabinet, or the Ministry of Foreign Affairs and Trade.
5C Power to issue direction to manage risks to national security and national interest
(1)
The Commissioner may, if the Commissioner considers it necessary to manage risk to national security or the national interest, issue to 1 or more relevant agencies a direction to restrict (including prohibit) the use of a specified vendor, service, or product, or specified class of vendors, services, or products, by or within those agencies.
(2)
Classified security information may be relied on in making a decision to issue a direction under subclause (1).
(3)
The Commissioner must, before issuing a direction under this clause,—
(a)
seek advice from public service chief executives, including—
(i)
the Director-General of Security, the Director-General of the Government Communications Security Bureau, and the Secretary of the Department of the Prime Minister and Cabinet, regarding risk to national security; and
(ii)
the Secretary of Foreign Affairs and Trade, regarding New Zealand’s international obligations and relationships; and
(b)
consult the Minister.
(4)
In issuing a direction, the Commissioner must have regard to—
(a)
the nature and extent of the risk to national security and the nature and extent of the risk to the national interest; and
(b)
the principle that the direction should be proportional to the nature of the risk; and
(c)
the anticipated benefits to New Zealand from preventing, sufficiently mitigating, or removing the risk; and
(d)
New Zealand’s international obligations and relationships; and
(e)
the effect of the direction on the users of the vendor, service, or product, or the class of vendors, services, or products; and
(f)
the effect that the direction may have on markets and trade; and
(g)
any other matters the Commissioner considers relevant.
(5)
An agency to which a direction issued under this clause applies must comply with the direction.
(6)
In this clause,—
protective security requirements has the meaning given in section 4(1) of the Inspector-General of Defence Act 2023
relevant agency means—
(a)
a public service agency:
(b)
an agency directed to implement the protective security requirements.
5D Commissioner may issue guidance to State services
The Commissioner may, if they issue a direction under clause 5C(1), issue to 1 or more agencies in the State services guidance concerning the use, by or within those agencies, of the relevant specified vendor, service, or product, or specified class of vendors, services, or products.
5E Affected person must be notified of direction
(1)
In this clause, affected person means, in relation to a direction issued under clause 5C(1), any of the following persons:
(a)
a vendor who is specified in the direction:
(b)
a provider of a service that is specified in the direction:
(c)
a manufacturer or a developer of a product that is specified in the direction.
(2)
This clause applies if a direction has been issued under clause 5C(1) and an affected person or a representative of an affected person is in New Zealand.
(3)
The Commissioner must, if practicable, give notice (in the prescribed form (if any)) to the affected person or their representative that the direction has been issued.
(4)
A notice under subclause (3) must be given as soon as practicable after the direction has been issued.
(5)
If the Commissioner relies on classified security information in making a decision to issue the direction, the notice given under subclause (3) must state that—
(a)
the Commissioner relied on that kind of information; and
(b)
the affected person may request a summary (a CSI summary) of the classified security information.
(6)
The purpose of the CSI summary is to enable the affected person to have a sufficient understanding of—
(a)
the classified security information the Commissioner relied on in making the decision (without that information being disclosed to the affected person); and
(b)
the reasons for the decision based on that information.
(7)
If the affected person requests a CSI summary,—
(a)
the Commissioner and the head of the specified agency that holds the classified security information must agree on the contents of the summary; and
(b)
the Commissioner must provide the agreed summary to the affected person within a reasonable time.
(8)
However, the Commissioner may refuse to provide a CSI summary if the Commissioner and the head of the specified agency are satisfied that a summary that is sufficient to meet its purpose cannot be provided without disclosing classified security information.
5F Proceedings involving classified security information
(1)
This section applies to any civil proceedings (including public law and judicial review proceedings) in a court relating to a direction issued under clause 5C(1).
(2)
If the Crown proposes to present classified security information in proceedings, the Attorney-General must—
(a)
make an application to an authorised court under section 32 of the 2022 Act for a security information order to protect the confidentiality of the information to be given as evidence in the proceedings; and
(b)
submit to the court the certification described in clause 5B(1).
(3)
If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subclause (2) an NSI certificate under section 41 of the 2022 Act and seek a security information order as set out in section 36(3) of that Act (under which the types of orders available to the court are limited).
(4)
In this section,—
2022 Act means the Security Information in Proceedings Act 2022
authorised court, national security information, NSI certificate, and security information order have the meanings set out in section 4 of the 2022 Act.
(8)
In Schedule 3, replace clause 6(3)(d) with:
(d)
the powers under clause 5C (relating to issuing a direction to manage risk to national security and the national interest); or
(da)
the powers under clause 3 of Schedule 7 (relating to the appointment of public service chief executives); or
(9)
In Schedule 3, repeal clause 16(4)(a)(v).
44 Schedule 4 amended
(1)
In the Schedule 4 heading, replace “Deputy Commissioners”
with “Deputy Commissioner”
.
(2)
In Schedule 4, clause 1(1), replace “the 2 Deputy Commissioners”
with “Deputy Commissioner”
.
(3)
In Schedule 4, clauses 1(2) and (3), 2(1), 4(1) and (2), and 5(1) and (2), replace “a Deputy Commissioner”
with “Deputy Commissioner”
.
(4)
In Schedule 4, clause 2(2), replace “a Deputy Commissioner”
with “the Deputy Commissioner”
.
(5)
In Schedule 4, clause 3(1), replace “Deputy Commissioners”
with “Deputy Commissioner”
.
(6)
In Schedule 4, clause 6(1), replace “a Deputy Commissioner”
with “the Deputy Commissioner”
in each place.
(7)
In Schedule 4, clause 6(2), replace “a Deputy Commissioner”
with “the Deputy Commissioner”
.
45 Schedule 6 amended
(1)
In Schedule 6, replace clause 2(4)(c) with:
(c)
an individual working in the public service as one of the following in relation to a function of the public service:
(i)
a secondee from elsewhere in the State services; or
(ii)
a contractor; or
(iii)
an employee of an employer who has a contract or other arrangement with the chief executive under which the employee performs work for the benefit of the chief executive and the chief executive is the controlling third party within the meaning given to that term in section 5 of the Employment Relations Act 2000.
(2)
In Schedule 6, replace clause 8(1) with:
(1)
The chief executive of the Department of the Prime Minister and Cabinet must give a long-term insights briefing to the Prime Minister and the Minister at least once in every 3-year period beginning on the commencement date and must do so independently of all Ministers.
(3)
In Schedule 6, repeal clause 8(4).
(4)
In Schedule 6, repeal clause 8(5).
(5)
In Schedule 6, clause 8(6), delete “by a department or departments”
.
(6)
In Schedule 6, clause 8(7), after “The”
, insert “Prime”
.
(7)
In Schedule 6, after clause 8(7), insert:
(8)
In subclause (1), commencement date means the date on which subclause (1) comes into force.
(8)
In Schedule 6, clause 9(1), replace “A chief executive”
with “The chief executive of the Department of the Prime Minister and Cabinet”
.
(9)
In Schedule 6, clause 9(2), replace “A chief executive”
with “The chief executive”
.
(10)
In Schedule 6, after clause 9, insert:
Long-term thinking in policy development
10 Long-term thinking in policy development
The chief executive of the Department of the Prime Minister and Cabinet must issue guidance to other chief executives to—
(a)
support long-term thinking in policy development; and
(b)
increase the capability of the public service to undertake long-term thinking in policy development.
Business continuity management
11 Public service agencies must have business continuity management in place
(1)
A chief executive of a department or departmental agency, an interdepartmental executive board, or a board of an interdepartmental venture must—
(a)
ensure their agency has business continuity management in place that will enable it to deliver its critical functions and services during and after any disruption (including but not limited to an emergency); and
(b)
make available to the Commissioner in writing, on request, its plan for functioning during and after a disruption.
(2)
For the purposes of this section, emergency has the meaning given in section 4 of the Civil Defence Emergency Management Act 2002.
46 Schedule 7 amended
(1)
In Schedule 7, clause 3(1), replace “clauses 4, 5, and 11”
with “clause 11”
.
(2)
In Schedule 7, clause 3(4)(a), replace “a Deputy Commissioner”
with “Deputy Commissioner”
.
(3)
In Schedule 7, replace clause 3(4)(b) with:
(b)
the Commissioner or Deputy Commissioner (whoever is not also the chairperson), or an employee of the Commission; and
(4)
In Schedule 7, clause 3(7), delete “and diversity and inclusiveness”
.
(5)
In Schedule 7, replace clause 3(15)(c) with:
(c)
the chairperson must appoint the person and publish in the Gazette without delay—
(i)
notice of the Governor-General’s direction under paragraph (a) to appoint the person; and
(ii)
notice of the appointment.
(6)
In Schedule 7, repeal clauses 4 and 5.
(7)
In Schedule 7, clause 6(1), replace “a Deputy Commissioner”
with “the Deputy Commissioner”
.
(8)
In Schedule 7, replace clause 9(1)(b) with:
(b)
a chief executive is absent from duty (for whatever reason) and—
(i)
is unable to delegate their functions, duties, and powers under this Act to another person under clause 2 of Schedule 6; or
(ii)
agrees that the Commissioner make the appointment.
(9)
In Schedule 7, replace clause 9(5) with:
(5)
The appointment of an acting chief executive ceases on the date on which a chief executive of a department or departmental agency, or a functional chief executive, takes office or returns to duty.
(10)
In Schedule 7, after clause 9, insert:
9A Performance review framework
The Commissioner must—
(a)
develop a framework, including the criteria and process, for conducting performance reviews of chief executives; and
(b)
consult the Minister on the framework; and
(c)
publish the framework on an Internet site maintained by, or on behalf of, the Commission.
(11)
In Schedule 7, after clause 10(1), insert:
(1A)
The Commissioner must consult, and have regard to any recommendations of, the appropriate Minister when—
(a)
setting the performance expectations of a chief executive, including the key performance indicators that the chief executive is expected to meet; and
(b)
reviewing the performance of the chief executive under this clause.
(12)
In Schedule 7, clause 11(1) and (2), delete “4,”
.
47 Schedule 8 amended
(1)
In Schedule 8, clause 4(2), delete “, temporary, or casual”
.
(2)
In Schedule 8, clause 5(2), delete “be approved by the Commissioner and must”
.
(3)
In Schedule 8, repeal clauses 7 to 11 and the cross-headings above clauses 7 and 8.
Part 2 Consequential amendments to other Acts
Amendment to Child Poverty Reduction Act 2018
48 Principal Act
Section 49 amends the Child Poverty Reduction Act 2018.
49 Section 33 amended (Reports: consultation and acting independently)
In section 33(3)(a), replace “section 52”
with “section 11A”
.
Amendment to Civil Defence Emergency Management Act 2002
50 Principal Act
Section 51 amends the Civil Defence Emergency Management Act 2002.
51 Section 58 repealed (Departments and interdepartmental ventures to prepare plans to continue functioning during and after emergency)
Repeal section 58.
Amendment to Crown Pastoral Land Act 1998
52 Principal Act
Section 53 amends the Crown Pastoral Land Act 1998.
53 Section 22A amended (Chief executive to prepare monitoring framework)
In section 22A(1)(a), replace “section 52(1)(d)”
with “section 11A(1)(j)”
.
Amendments to Data and Statistics Act 2022
54 Principal Act
Sections 55 and 56 amend the Data and Statistics Act 2022.
55 Section 6 amended (Interpretation)
In section 6, replace the definition of Statistician with:
Statistician means the Government Statistician appointed under section 12
56 Section 12 amended (Government Statistician)
Replace section 12(1) with:
(1)
A Government Statistician must be appointed by the Public Service Commissioner in accordance with clause 3(2) to (9) of Schedule 7 of the Public Service Act 2020.
(1A)
Clause 3(10) to (15) of that schedule does not apply to the appointment of the Government Statistician.
Amendments to Education and Training Act 2020
57 Principal Act
Section 58 amends the Education and Training Act 2020.
58 Section 463 amended (Chief Review Officer to perform certain functions)
In section 463(1)(a)(ii) and (2)(b), replace “section 52”
with “section 11A”
.
Amendment to Employment Relations Act 2000
59 Principal Act
Section 60 amends the Employment Relations Act 2000.
60 Section 194 amended (Application for review)
In section 194(1), delete “and 7 to 11”
.
Amendment to Legislation Act 2019
61 Principal Act
Section 62 amends the Legislation Act 2019.
62 Section 106 amended (Chief executives must act independently and include statement of responsibility)
In section 106(2), replace “section 52”
with “section 11A”
.
Amendment to Remuneration Authority Act 1977
63 Principal Act
Section 64 amends the Remuneration Authority Act 1977.
64 Schedule 4 amended
In Schedule 4, replace “Deputy Public Service Commissioners”
with “Deputy Public Service Commissioner”
.
Amendments to Security Information in Proceedings Act 2022
65 Principal Act
Sections 66 and 67 amend the Security Information in Proceedings Act 2022.
66 Section 4 amended (Interpretation)
(1)
In section 4, definition of classified security information, after paragraph (a), insert:
(aa)
clause 5B of Schedule 3 of the Public Service Act 2020:
(2)
In section 4, definition of security information or SI, after paragraph (a)(ii), insert:
(iia)
clause 5B of Schedule 3 of the Public Service Act 2020:
67 Section 29 amended (Application of Part)
After section 29(a)(ii), insert:
(iia)
clause 5F of Schedule 3 of the Public Service Act 2020:
Schedule New Part 2 inserted into Schedule 1
s 42
Part 2 Provisions relating to Public Service Amendment Act 2025
18 Transition to single Deputy Commissioner
(1)
In this clause,—
Act means the Public Service Amendment Act 2025
commencement date means the date on which section 23 of the Act comes into force.
(2)
The person who is the longest serving Deputy Commissioner immediately before the commencement date is to be treated as the Deputy Commissioner under this Act on and after the commencement date.
(3)
The terms and conditions of appointment of that person that applied immediately before the commencement date continue to apply on and after the commencement date unless modified in accordance with the applicable rules and procedures.
(4)
The role of the Deputy Commissioner who is not the longest serving immediately before the commencement date comes to an end at the close of the day before the commencement date.
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Public Service Amendment Bill
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