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Public Service Act 2020

Consequential amendments

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Changes and rules to help switch to the new Public Service Act 2020"

Illustration for Public Service Act 2020

When the Public Service Act 2020 started, some things changed. You need to know what happened to the State Services Commission. It is now called the Public Service Commission. The person in charge of the State Services Commission is now called the Public Service Commissioner. The Deputy State Services Commissioner is now called the Deputy Public Service Commissioner. These changes happened on the date that section 42 came into force. The rules about who is in charge and how they are appointed are in the Act. You can read about the changes in the Act, which is a law that explains how the public service works.

Some other things changed too. The chief executives of departments are still in charge, but some rules about them changed. You can read about these changes in section 51 of the Act. The rules about working arrangements and delegations also changed. You can read about these changes in section 24 and section 46 of the Act.

The Act also talks about superannuation, which is a kind of retirement savings plan. If you were already getting superannuation before the Act started, you will still get it. You can read about superannuation in section 85 of the Act. The Act also says what happens to people who were already employees of departments. They will still be employees, and their terms and conditions of employment will not change. You can read about this in section 65 of the Act.

Some other laws and rules were saved, which means they still apply. You can read about these laws and rules in the Act. They include things like the State Sector (Incorporated Societies) Order 1990 and the State Sector (Ministry for Primary Industries) Order 2012. These laws and rules are still in force, and you can read about them in the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS106223.

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135: Consequential amendments to enactments, or

"Changes made to other laws because of the Public Service Act 2020"

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Schedule 2: Public service agencies, or

"Government Teams and Agencies: A List of Who's Who in the Public Service"

1Transitional, savings, and related provisions Empowered by s 8

1Provisions relating to this Act as enacted

1State Services Commission becomes Public Service Commission

  1. In this clause, commencement date means the date on which section 42 comes into force.

  2. The department that was the State Services Commission immediately before the commencement date is to be treated as the Public Service Commission under this Act on and after the commencement date.

2State Services Commissioner becomes Public Service Commissioner

  1. In this clause, commencement date means the date on which section 42 comes into force.

  2. The person who was the State Services Commissioner immediately before the commencement date is to be treated as the Public Service 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. That person is eligible for reappointment in accordance with the provisions of this Act.

3Deputy State Services Commissioner becomes Deputy Public Service Commissioner

  1. In this clause, commencement date means the date on which section 47 comes into force.

  2. The person who was the Deputy State Services Commissioner immediately before the commencement date is to be treated as a Deputy Public Service 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. That person is eligible for reappointment in accordance with the provisions of this Act.

4Chief executives

  1. In this clause, commencement date means the date on which section 51 comes into force.

  2. The reference to administrative head in section 31(1) of the State Sector Act 1988 is not continued in this Act. This change does not create any distinction between public service chief executives based on whether they were or are appointed or reappointed before, on, or after the commencement date.

  3. Nothing in this Act affects a designation conferred on a chief executive by an enactment before the commencement date and that was current immediately before the commencement date.

  4. If a chief executive was given a designation by the Prime Minister under section 31(2)(b) of the State Sector Act 1988 and the designation was current immediately before the commencement date, it is to be treated as a designation given by the Commissioner under section 51(2)(b) on and after the commencement date.

5Functional leads

  1. In this clause, commencement date means the date on which section 56 comes into force.

  2. A person who was a chief executive of a department and held a functional lead role immediately before the commencement date—

  3. remains the chief executive of the department, and the terms and conditions of appointment of that person, relating to that role, 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; and
    1. continues in that functional lead role on and after the commencement date until it is disestablished in accordance with the applicable process that operated before the commencement date and any terms and conditions of appointment relating to that role cease to apply on the date the role is disestablished.

      6Working arrangements of departmental agencies

      1. In this clause, commencement date means the date on which section 24 comes into force.

      2. A working arrangement agreed and approved under section 27B(b) of the State Sector Act 1988 that was operating immediately before the commencement date is to be treated as a working arrangement under section 24 on and after the commencement date.

      7Delegations

      1. In this clause, commencement date means the date on which section 46 comes into force.

      2. This clause applies to a delegation that was made under any of the following provisions of the State Sector Act 1988 and that is in force immediately before the commencement date:

      3. section 23:
        1. section 28:
          1. section 41:
            1. section 70.

              1. A delegation—

              2. continues in force on and after the commencement date until it is revoked or modified in accordance with this Act; and
                1. is to be treated as having been made under this Act and the relevant provisions of this Act apply to it.

                  8Code of conduct

                  1. In this clause, commencement date means the date on which section 17 comes into force.

                  2. A code of conduct issued under section 57 of the State Sector Act 1988 that is current immediately before the commencement date is to be treated as containing minimum standards set by the Commissioner under section 17, on and after the commencement date, until any part or all of its contents are altered or replaced by minimum standards set after the commencement date.

                  3. However, the code of conduct applies only in or to the agencies listed in section 17(2) on and after the commencement date.

                  9Investigations and inquiries

                  1. In this clause, commencement date means the date on which section 46 comes into force.

                  2. This clause applies to any investigation or inquiry begun by the Commissioner under the State Sector Act 1988 or any other Act but not completed immediately before the commencement date.

                  3. The investigation or inquiry must be completed or otherwise dealt with under the provisions of the State Sector Act 1988 as if this Act had not been enacted.

                  Compare
                  • 1988 No 20 Schedule 1AA cl 1

                  10Superannuation

                  1. In this clause, commencement date means the date on which section 85 comes into force.

                  2. An entitlement of an officer or employee in the State services under any superannuation scheme, or arrangement in respect of superannuation, that applied to that officer or employee immediately before the commencement date is not affected by the repeal of sections 84 to 84B of the State Sector Act 1988 by section 132(1) and their replacement by clauses 12 to 14 of Schedule 8.

                  11Updated references

                  1. In this clause, commencement date means the date on which section 42 comes into force.

                  2. Unless the context otherwise requires,—

                  3. a reference to the State Services Commission (even if this is as the Commission) in an enactment or a document is to be read as a reference to the Public Service Commission (or the Commission) on or after the commencement date:
                    1. a reference to the State Services Commissioner (even if this is as the Commissioner) in an enactment or a document is to be read as a reference to the Public Service Commissioner (or the Commissioner) on or after the commencement date:
                      1. a reference to the Deputy State Services Commissioner (even if this is as the Deputy Commissioner) in an enactment or a document is to be read as a reference to a Deputy Public Service Commissioner or a Deputy Commissioner or the Deputy Public Service Commissioners or the Deputy Commissioners (as relevant) on or after the commencement date.

                        12Constitution of New Zealand Public Service Association

                        1. In this clause, commencement date means the date on which section 8 comes into force.

                        2. To the extent that section 26 of the State Sector Amendment Act (No 2) 1989 has effect immediately before the commencement date, it continues to have that effect on and after the commencement date as if that Act had not been repealed.

                        3. This clause does not limit section 17 of the Interpretation Act 1999.

                        13Employees of departments

                        1. In this clause, commencement date means the date on which section 65 comes into force.

                        2. This clause applies to a person who, immediately before the commencement date, was an employee of a department (including a person who was carrying out functions of a departmental agency and to whom section 59(2) and (3) of the State Sector Act 1988 applied).

                        3. Immediately after the commencement date,—

                        4. the person continues as an employee of the department as if that person had been appointed under this Act; and
                          1. the terms and conditions of employment of the person are the same as the terms and conditions of their employment immediately before the commencement date; and
                            1. the person is a public service employee for the purposes of this Act.

                              14Terms and conditions of employment of certain other persons in State services

                              1. In this clause, commencement date means the date on which section 65 comes into force.

                              2. The repeal by this Act of the State Sector Act 1988 does not affect the terms and conditions of employment of any person that applied immediately before the commencement date under any Act in which provisions of the State Sector Act 1988 were applied or referred to.

                              15Application to existing pay equity claims

                              1. In this clause, commencement date means the date on which section 81 comes into force.

                              2. Sections 81 to 84 apply to a pay equity claim (within the meaning of that term in section 81) if—

                              3. the claim was notified to a chief executive of a department before the commencement date; and
                                1. immediately before the commencement date,—
                                  1. no claim has been lodged with the Employment Relations Authority or filed in a tribunal or a court in relation to the pay equity claim; and
                                    1. the pay equity claim has not been settled or otherwise been completed.

                                    2. In relation to a pay equity claim referred to in subsection (2), the requirement in section 81(2) in relation to giving notice of the claim to the Commissioner is satisfied if the chief executive of the department or the board of the interdepartmental venture gives the notice as soon as practicable after the commencement date.

                                    Legislative instruments saved

                                    16Legislative instruments saved

                                    1. In this clause, commencement date means the date on which section 8 comes into force.

                                    2. The following legislative instruments, if, in each case, they remain in force immediately before the commencement date, continue in force, in accordance with their respective terms, as if they had been made under this Act:

                                    3. State Sector (Incorporated Societies) Order 1990:
                                      1. State Sector (Ministry for Primary Industries) Order 2012:
                                        1. State Sector (National Emergency Management Agency) Order 2019:
                                          1. State Sector (New Zealand Food Safety Authority) Order 2010:
                                            1. State Sector (Social Wellbeing Agency) Order 2020.

                                              17Retrospective application of amended orders

                                              1. The amendments to the State Sector (Ministry for Primary Industries) Order 2012 and the State Sector (New Zealand Food Safety Authority) Order 2010 made in sections 130 and 131 apply between 1 July 2020 and the commencement of those sections as if they were in force during that time.