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New Zealand law explained for everyone

Public Service Act 2020

Consequential amendments

Schedule 4: Other terms and conditions of appointment of Commissioner and Deputy Commissioners

You could also call this:

"Rules for appointing and paying the Commissioner and Deputy Commissioners"

The Commissioner and Deputy Commissioners are appointed for up to 5 years. They can be reappointed for more terms. If someone from the State services is appointed, their time as Commissioner or Deputy Commissioner counts as part of their service. You can find more information about their service in the Government Superannuation Fund Act 1956. The Commissioner and Deputy Commissioners get paid a salary decided by the Remuneration Authority, which is explained in the Remuneration Authority Act 1977.

The Governor-General can suspend or remove the Commissioner or a Deputy Commissioner from office for misbehaviour or incompetence. The Commissioner or Deputy Commissioner can be restored to office unless the House of Representatives decides they should be removed. You can read about how this process works in section 47(5) and the Government Superannuation Fund Act 1956.

If the Commissioner or a Deputy Commissioner resigns or is removed, they might not be able to work in the State services again or get a retiring allowance. They must not take on other paid work without the Governor-General's approval, or they will be treated as having vacated office. You can learn more about this in the Insolvency Act 2006 and the Government Superannuation Fund Act 1956.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS170443.

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4Other terms and conditions of appointment of Commissioner and Deputy Commissioners Empowered by s 48

1Term of appointment

  1. The Commissioner and the 2 Deputy Commissioners must each be appointed for a term of up to 5 years.

  2. The Commissioner and a Deputy Commissioner may be reappointed for further terms.

  3. If a person who is employed in the State services is appointed as Commissioner or a Deputy Commissioner, their term of office must be treated as continuous service in the part of the State services in which they were previously employed for the purposes of—

  4. the Government Superannuation Fund Act 1956; and
    1. appointment to a position in the State services on the termination of that person’s service as Commissioner or Deputy Commissioner; and
      1. entitlement to leave of absence.

        Compare

        2Acting Commissioner or acting Deputy Commissioner

        1. The Governor-General, on the recommendation of the Prime Minister, may appoint an acting Commissioner or acting Deputy Commissioner to act for the Commissioner or a Deputy Commissioner, respectively, in the event of—

        2. their incapacity by reason of illness or absence; or
          1. any reasonable cause that requires them to stand down (whether temporarily or for a particular matter).

            1. Subclause (1) also applies when a Deputy Commissioner is performing the functions or duties or exercising the powers of the Commissioner under section 47(5).

            2. An appointment of an acting Commissioner or acting Deputy Commissioner and acts done by them cannot be questioned in proceedings on the ground that there was no, or there no longer is a, reason for the appointment.

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            3Remuneration and expenses

            1. The Commissioner and Deputy Commissioners must be paid remuneration that is determined in each case by the Remuneration Authority.

            2. Subject to the Remuneration Authority Act 1977, a determination may be made to come into force on a date specified in the determination, being the date of the making of the determination, or another date, whether before, on, or after the date of the making of the determination.

            3. A determination that does not specify a date comes into force on the date on which it is made.

            Compare

            4Removal from office

            1. The Commissioner or a Deputy Commissioner may be suspended or removed from office only as provided in this clause.

            2. The Governor-General may suspend the Commissioner or a Deputy Commissioner from office for misbehaviour or incompetence.

            3. The Governor-General must present a full statement of the grounds of a suspension to the House of Representatives within 7 sitting days after the date of the suspension.

            4. The Commissioner or Deputy Commissioner must be treated as being restored to office, unless—

            5. the House of Representatives, within 21 days from the date on which the statement is presented to it, declares by resolution that the Commissioner or Deputy Commissioner must be removed from office; and
              1. the Governor-General removes that Commissioner or Deputy Commissioner.

                1. The date on which the Commissioner or Deputy Commissioner is to be treated as being restored or removed from office is the date on which they were suspended by the Governor-General.

                2. Unless the Governor-General otherwise directs, the Commissioner or Deputy Commissioner who has been removed from office may not be reappointed to the State services and may not be paid a retiring allowance under the Government Superannuation Fund Act 1956.

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                5Vacation of office

                1. A person who holds office as the Commissioner or a Deputy Commissioner must be treated as having vacated office if,—

                2. without the approval of the Governor-General, they—
                  1. engage in paid employment or business other than the functions of their office; or
                    1. are appointed to and accept another office or position in the State services:
                    2. they become bankrupt or have sought an alternative to bankruptcy described in section 8 of the Insolvency Act 2006:
                      1. they absent themselves from duty except with the authority of the Governor-General:
                        1. they resign to the Governor-General.

                          1. Despite this clause, the Commissioner or a Deputy Commissioner may act temporarily in a position in the State services that is vacant (including the position of chief executive).

                          Compare

                          6Superannuation

                          1. If a person who is a contributor to the Government Superannuation Fund is appointed as Commissioner or a Deputy Commissioner, they are entitled to receive from the fund an annual retiring allowance for the rest of their life computed in the manner prescribed by Part 2 or 2A of the Government Superannuation Fund Act 1956, even if they have not attained the age or had the length of service that would entitle them to a retiring allowance under that Act, unless they—

                          2. are reappointed as Commissioner or a Deputy Commissioner; or
                            1. are appointed to another office in the Government service (within the meaning of the Government Superannuation Fund Act 1956); or
                              1. have ceased to be a contributor to the Government Superannuation Fund; or
                                1. are not entitled to a retiring allowance under clause 4(6).

                                  1. In subclause (1)(a), reappointed includes a person who is a Deputy Commissioner becoming the successor to the Commissioner.

                                  Compare