Public Service Act 2020

Consequential amendments

Schedule 6: Other functions and powers of public service chief executives

You could also call this:

"What extra jobs and powers do government department bosses have?"

The Public Service Act 2020 gives chief executives certain powers. You can think of a chief executive like a boss of a government department. They have the power to do what is necessary to carry out their responsibilities. These responsibilities are given to them by the Act or by another law.

Chief executives can also give some of their powers to other people, like other chief executives or employees. This is called delegation. When they delegate a power, they must do it in writing. The person they delegate to must follow the same rules as the chief executive.

The chief executive can also get powers from a Minister, who is like a high-ranking government official. The Minister can give the chief executive some of their powers, but they must do it in writing. The chief executive must then follow the same rules as the Minister.

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6Other functions and powers of public service chief executives Empowered by s 58(1)

1General powers of public service chief executives

  1. Chief executives have all the powers that are reasonably necessary to carry out—

  2. the responsibilities, functions, and duties imposed on them by this Act or another enactment; and
    1. the responsibilities, functions, and duties imposed on the department they lead or carry out some functions within, or on the departmental agency they lead, by another Act.
      Compare

      2Delegation of functions or powers

      1. A chief executive may, either generally or particularly, delegate functions or powers under this Act or another enactment (including functions or powers delegated to the chief executive under this Act or another enactment).

      2. However,—

      3. the delegation of functions or powers delegated to the chief executive by a Minister requires the prior approval of that Minister; and
        1. the delegation of functions or powers delegated to the chief executive by the Commissioner requires the prior approval of the Commissioner.
          1. A person to whom a function or power has been delegated under subclause (1) may, with the prior approval of the chief executive in writing, subdelegate the function or power.

          2. The following persons only may be a delegate under subclause (1) or a subdelegate under subclause (3):

          3. another public service chief executive:
            1. a public service employee:
              1. an individual working in the public service as a contractor or as a secondee from elsewhere in the State services in relation to a function of the public service:
                1. the holder of a specified office in the public service.
                  1. A chief executive may also delegate a clearly identified function or power to a person outside the public service, but only after—

                  2. obtaining the appropriate Minister’s prior approval; and
                    1. being satisfied that any potential conflicts of interest will be avoided or managed.
                      1. A delegation or subdelegation under this clause must be in writing.

                      2. A delegate under subclause (5) must not subdelegate a delegated function or power.

                      3. A delegation described in subclause (5) must be noted, with a description of an assessment of how effectively the delegated function or power was performed or exercised,—

                      4. if it was made by the chief executive of a department, in the annual report of that department; or
                        1. if it was made by the chief executive of a departmental agency, in the annual report of that departmental agency; or
                          1. if it was made by a functional chief executive, in the annual report of the host department.
                            1. A delegate described in subclause (5) must comply (in the same way as a delegate or subdelegate described in subclause (4) must comply) with the following obligations:

                            2. all relevant statutory obligations; and
                              1. all relevant obligations in minimum standards of conduct and integrity set by the Commissioner.
                                1. Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom any functions or powers are delegated or subdelegated may perform those functions or exercise those powers in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred on them directly by this Act.

                                2. The power to delegate or subdelegate—

                                3. is subject to any prohibitions, restrictions, or conditions contained in an enactment relating to delegation of the chief executive’s functions or powers; but
                                  1. does not limit a power of delegation conferred on the chief executive by an enactment.
                                    1. If a document is used to inform a person of an action taken by a delegate described in subclause (5), the document must—

                                    2. state that the action was taken by a delegate outside the public service and, if relevant, the State services; and
                                      1. state the delegate’s name and office; and
                                        1. state that a copy of the instrument of delegation may be inspected at the chief executive’s office.
                                          1. A person acting under a delegation or subdelegation must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation or subdelegation.

                                          2. A delegation or subdelegation may be made to a specified person or persons of a specified class, or to the holder or holders of a specified office or specified class of offices.

                                          3. A delegation or subdelegation does not affect or prevent the performance of a function or the exercise of a power by a chief executive or affect their responsibility for the actions of the person acting under the delegation or subdelegation.

                                          Compare

                                          3Application of Ombudsmen Act 1975 and Official Information Act 1982 to certain delegates

                                          1. Information held by a delegate described in clause 2(5) as a result of performing any delegated function or exercising any delegated power is, for the purposes of the Official Information Act 1982 (see section 2(5) of that Act), to be treated as being held by,—

                                          2. in the case of a delegation made by the chief executive of a department, that department; or
                                            1. in the case of a delegation made by the chief executive of a departmental agency or a functional chief executive, the host department of that departmental agency or functional chief executive.
                                              1. The Ombudsmen Act 1975 and the Official Information Act 1982 apply to a delegate performing any delegated function or exercising any delegated power under clause 2 as if the delegate were an organisation named in Schedule 1 of the Ombudsmen Act 1975.

                                              Compare

                                              4Revocation and continuation of delegations and subdelegations

                                              1. A delegation or subdelegation may be revoked in writing at will.

                                              2. A delegation or subdelegation continues in force until it is revoked.

                                              3. If the chief executive who made a delegation, or the person who subdelegated a function or power under clause 2(3), ceases to hold office, or is absent from duty,—

                                              4. the delegation continues to have effect as if made by that chief executive’s successor or the person acting for the chief executive:
                                                1. the subdelegation continues to have effect as if made by that person’s successor or the person acting for them.
                                                  Compare

                                                  5Delegation of functions or powers of appropriate Minister

                                                  1. The appropriate Minister for a department, a departmental agency, or a functional chief executive may, either generally or particularly, delegate to the relevant chief executive all or any of the Minister’s functions or powers under this Act or another enactment, including functions or powers delegated to the Minister under this Act or another enactment.

                                                  2. The delegation must be in writing.

                                                  3. The Minister must not delegate the power to delegate under this clause.

                                                  4. The power to delegate—

                                                  5. is subject to any prohibitions, restrictions, or conditions contained in an enactment relating to delegation of the Minister’s functions or powers; but
                                                    1. does not limit a power of delegation conferred on the Minister by an enactment.
                                                      1. Subject to any general or special directions given or conditions imposed by the Minister, a chief executive may perform a delegated function or exercise a delegated power in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred on them directly by this clause.

                                                      2. A chief executive acting under a delegation must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.

                                                      3. A delegation does not affect or prevent the performance of a function or the exercise of a power by the Minister or affect the Minister’s responsibility for the actions of a person acting under the delegation.

                                                      Compare

                                                      6Revocation and continuation of delegations

                                                      1. A delegation may be revoked in writing at will.

                                                      2. A delegation continues in force until it is revoked.

                                                      3. If the Minister who made it ceases to hold office, or is absent from duty, it continues to have effect as if made by the Minister’s successor or the person acting for the Minister.

                                                      4. The relevant chief executive must advise a Minister’s successor of the terms of a delegation as soon as practicable after that Minister takes up office.

                                                      5. If the chief executive to whom a delegation has been made ceases to hold office, the delegation continues to have effect as if made to—

                                                      6. a person acting in the place of the chief executive:
                                                        1. the chief executive’s successor.
                                                          Compare

                                                          7Functions, responsibilities, duties, and powers under other Acts

                                                          1. The functions, responsibilities, duties, and powers imposed on or given to a chief executive by this Act are in addition to those imposed on or given to them by another Act.

                                                          Compare

                                                          8Long-term insights briefings

                                                          1. A chief executive of a department must give a long-term insights briefing to the appropriate Minister at least once every 3 years and must do so independently of Ministers.

                                                          2. The purpose of a briefing is to make available into the public domain—

                                                          3. information about medium- and long-term trends, risks, and opportunities that affect or may affect New Zealand and New Zealand society:
                                                            1. information and impartial analysis, including policy options for responding to matters in the categories referred to in paragraph (a).
                                                              1. A briefing may set out the strengths and weaknesses of policy options but without indicating a preference for a particular policy option.

                                                              2. The subject matter must be selected by a chief executive taking into account—

                                                              3. the purpose of the briefing; and
                                                                1. the matters in the categories in subclause (2)(a) that the chief executive considers are particularly relevant to the functions of their department.
                                                                  1. Two or more chief executives may give a joint briefing that meets the requirements of this clause for each of the departments covered by the briefing.

                                                                  2. Any agency in the State services may contribute to a briefing by a department or departments on subject matter relevant to the operation of their agency.

                                                                  3. The Minister must present a copy of a briefing to the House of Representatives as soon as is reasonably practicable after receiving it.

                                                                  9Public consultation

                                                                  1. A chief executive must undertake public consultation on—

                                                                  2. the subject matter to be included in a long-term insights briefing; and
                                                                    1. a draft of the briefing.
                                                                      1. A chief executive must take into account any feedback received from public consultation when finalising the briefing.