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Electoral Act 1993

The House of Representatives - Qualifications of candidates and members

52: Candidacy and election of State servants

You could also call this:

"What happens to your government job if you want to be a Member of Parliament"

Illustration for Electoral Act 1993

If you are a State servant and you want to become a candidate for election as a member of Parliament, you will be placed on leave of absence. This means you will not be working as a State servant while you are trying to get elected. You will start your leave on nomination day, which is the day when people officially say they want to be candidates.

When you are on leave, you cannot do your normal job as a State servant. You also will not get paid as a State servant during this time, unless you use some of your paid leave. A State servant is someone who works for the government, like a public servant, or someone who works for the New Zealand Police, or someone whose job conditions are set by the Public Service Act 2020.

If you work at a school, you might still be able to teach or mark exams, and get paid for it. Your rights as a State servant will not change just because you are trying to get elected, except for the things mentioned in this section. Your employer might let you start your leave earlier if they think your job will be affected by your candidacy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308524.

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Part 3The House of Representatives
Qualifications of candidates and members

52Candidacy and election of State servants

  1. In this section, the term State servant—

  2. means—
    1. a public servant; and
      1. any other person whose conditions of employment are prescribed under, or are required by any enactment to be prescribed in accordance with or having regard to provisions of, the Public Service Act 2020; and
      2. includes employees of the New Zealand Police.

        1. Any State servant who desires to become a candidate for election as a member of Parliament shall be placed on leave of absence for the purposes of his or her candidature.

        2. Subject to subsection (4), the period of leave shall commence on nomination day, and, in the event of his or her nomination as a constituency candidate or of the inclusion of his or her name in a list submitted under section 127, shall continue until the first working day after polling day, unless, in any case where he or she is a constituency candidate, he or she withdraws his or her nomination.

        3. Where the employer of any State servant is satisfied that the State servant desires to become a candidate and that the candidacy will materially affect the ability of that State servant—

        4. to carry out satisfactorily his or her duties as a State servant; or
          1. to be seen as independent in relation to particular duties,—
              1. the period of leave shall, if the employer so determines after consultation with the State servant, commence before nomination day on a day appointed by the employer.

            1. During the period of his or her leave, the State servant shall not be required or permitted to carry out any of his or her official duties, nor shall he or she be entitled to receive any salary or other remuneration as a State servant in respect of that period or any part thereof, except to the extent to which he or she takes during that period any leave with pay to which he or she is entitled: provided that a candidate who, at the time of his or her nomination or of the inclusion of his or her name in a list submitted under section 127, is a member of the staff of an institution (as defined in the Education and Training Act 2020) may continue to teach or supervise the studies of students at that institution who are preparing for an examination and may engage in marking the examination papers of such students, and may receive remuneration in respect of such teaching, supervision, and marking.

            2. Except as provided in the foregoing provisions of this section, a candidate’s rights as a State servant shall not be affected by his or her candidature.

            Compare
            Notes
            • Section 52(1)(b): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
            • Section 52(1)(a)(ii): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
            • Section 52(5): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).