Public Service Act 2020

Consequential amendments

Schedule 8: Employment provisions

You could also call this:

"Rules about getting and keeping a government job"

When a job is vacant, the boss of a department must tell people about it so they can apply. This does not apply to jobs for ministers. You can be asked to do another job if someone is away or if a job is vacant. The boss can ask you to have a medical check to see if you can do the job.

If you get a new job in a different department, you might still be covered by your old employment agreement. The boss can set up a superannuation scheme for employees, which is a way to save money for when you retire. The employer can contribute to the scheme, but only if it meets certain rules, such as not paying out more than what has been contributed and earned.

A superannuation scheme is like a special savings plan to help you when you are older. The employer can only contribute to the scheme if it is fair and follows the rules. You can become a member of the scheme and transfer your savings from another scheme if you change jobs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS219534.


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Schedule 7: Appointment and performance review of public service chief executives, or

"How the boss of a government department gets their job and is checked on their work"


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Schedule 9: Reorganisations in public service, or

"Changes to government agencies and what happens to the people who work there"

8Employment provisions Empowered by s 85

1Obligation to notify vacancies

  1. If a chief executive of a department or the board of an interdepartmental venture intends to fill a position that is vacant or is to become vacant, the chief executive or board must, if practicable, notify the vacancy or prospective vacancy using 1 or more means that will enable suitably qualified people to apply for the position.

  2. This clause does not apply to ministerial staff.

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2Acting appointments

  1. If an employee is absent from duty (for whatever reason) or there is a vacancy in a position in a department or an interdepartmental venture (for whatever reason), the chief executive of the department or board of the interdepartmental venture may direct another employee to carry out the duties and exercise the powers of the relevant position.

  2. A direction or acts of an employee acting under the direction cannot be questioned in proceedings on the grounds that—

  3. there was no absence or vacancy or there is no longer an absence or a vacancy:
    1. the employee acting under the direction was not appointed to the relevant position.
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      3Evidence of appointments

      1. An appointment to an office or a position in a department or an interdepartmental venture must be made, confirmed, or approved by the chief executive or board that made the appointment.

      2. Despite anything to the contrary in any Act, it is not necessary for the chief executive or board to execute a formal warrant or other instrument in special form.

      3. An instrument issued by a chief executive or board stating that a person named in the instrument was appointed to an office or a position in a department or an interdepartmental venture from and including a particular date is sufficient evidence of the appointment unless the contrary is proved.

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      4Obligation to notify appointments

      1. The chief executive of a department or the board of an interdepartmental venture must notify the employees within the agency of appointments made by the chief executive or board.

      2. This clause does not apply to appointments of acting, temporary, or casual employees or to ministerial staff.

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      5Review of appointments

      1. The chief executive of each department and the board of each interdepartmental venture must put into place a procedure for reviewing appointments made to the public service within that agency that are the subject of a complaint by an employee in that agency.

      2. The procedure must be approved by the Commissioner and must comply with the guidelines prescribed by the Commissioner.

      3. This clause does not apply to acting appointments or to appointments of ministerial staff.

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      6Medical examinations

      1. A chief executive of a department or the board of an interdepartmental venture may request an applicant for appointment as an employee to undergo a medical examination for either or both of the following purposes:

      2. to determine the applicant’s ability to perform the duties of the position applied for:
        1. to assist the chief executive or board to fulfil the requirements of section 73 in relation to the applicant if the applicant becomes an employee.
          1. A chief executive of a department or the board of an interdepartmental venture may request an employee to undergo a medical examination for either or both of the following purposes:

          2. to determine the employee’s ability to perform the duties of the position in which the employee is employed:
            1. to assist the chief executive or board to fulfil the requirements of section 73 in relation to the employee.
              1. The request must be in writing and state the relevant purpose or purposes described in subclause (1) or (2) for which the request is made.

              2. The chief executive or board may nominate a medical practitioner to undertake the examination.

              3. The department or interdepartmental venture must pay for the examination.

              4. The medical practitioner who examines the person must, if the person examined consents, as soon as is reasonably practicable after the examination provide a written report of the examination to the chief executive or board.

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              7Application of collective agreements to employees following reorganisations

              1. This clause limits which employees may be bound by a collective agreement that—

              2. 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
                1. binds the chief executive or board of B before that transfer of functions (collective agreement B).
                  1. After that transfer of functions,—

                  2. 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
                    1. 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).
                      1. Subclause (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.

                      2. This clause 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.

                      3. This clause does not apply to a collective agreement to the extent that the parties to the agreement agree otherwise.

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                      8Application of employee and reorganisation provisions to transfers of functions between public service agencies and Crown entities

                      1. This clause and clauses 9 to 11 apply to a transfer of functions from a Crown entity to a public service agency or to a transfer of functions from a public service agency to a Crown entity.

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                      9Restriction of redundancy payments

                      1. Sections 88(1) and (3) and 89 apply—

                      2. as if—
                        1. a reference to a public service employee were a reference to an employee of a Crown entity, department, or interdepartmental venture; and
                          1. 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
                          2. with all other necessary modifications.
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                            10Application of reorganisation provisions to collective agreements

                            1. The provisions specified in subclauses (2) and (3) (relating to reorganisations) apply to the extent that—

                            2. 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
                              1. 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.
                                1. Clause 2(3) and (6) of Schedule 9 applies—

                                2. 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
                                  1. with all other necessary modifications.
                                    1. Clause 3(3) of Schedule 9 applies—

                                    2. 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
                                      1. with all other necessary modifications.
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                                        11Application of collective agreements to employees following reorganisations

                                        1. Clause 7 applies to the extent that—

                                        2. 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
                                          1. 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.
                                            1. Clause 7 applies in respect of the Crown entity, department, or interdepartmental venture that functions are transferred from—

                                            2. as if any reference to department or interdepartmental venture A in that clause were a reference to that Crown entity or department or interdepartmental venture; and
                                              1. with all other necessary modifications.
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                                                12Interpretation

                                                1. In clauses 13 and 14,—

                                                  contribute, in relation to a superannuation scheme, means to make superannuation contributions to the scheme to provide to a significant extent the benefits payable by the scheme, not being merely nominal contributions or contributions only to meet the costs of administration and management of investments of the scheme

                                                    employee includes a chief executive

                                                      employer

                                                      1. means a person who pays, or is liable to pay, earnings to an employee as an employer; but
                                                        1. means the chief executive of the Ministry (as defined in section 10(1) of the Education and Training Act 2020), for the duration of the application period in that section, in relation to—
                                                          1. a State school (as defined in section 10(1) and (9)(b) of that Act); or
                                                            1. a special institution (as defined in section 10(1) of that Act); or
                                                              1. a free kindergarten (as defined in section 10(1) of that Act); and
                                                              2. includes a person or an organisation whose officers or employees were, immediately before 1 July 1992, entitled to elect or required to become contributors to the Government Superannuation Fund established under the Government Superannuation Fund Act 1956

                                                                State services includes—

                                                                1. a tertiary institution:
                                                                  1. an employer as defined in this clause

                                                                    superannuation scheme or scheme means a retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).

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                                                                    13Power to establish superannuation schemes for officers and employees

                                                                    1. An employer in the State services may—

                                                                    2. arrange for a superannuation scheme or schemes to be established for its officers or employees (or both):
                                                                      1. join with another employer (whether or not in the State services) in arranging for a superannuation scheme, or a trust arrangement that is part of a superannuation scheme, to be established for the purpose of providing, or facilitating the provision of, superannuation for its officers or employees (or both):
                                                                        1. arrange for its officers or employees to become members of an established superannuation scheme:
                                                                          1. arrange for superannuation for an individual officer or employee.
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                                                                            14Contributions to superannuation schemes

                                                                            1. An employer in the State services may contribute to a superannuation scheme for the purpose of providing retirement benefits to its officers or employees (or both) only if—

                                                                            2. the scheme provides that the sum of all benefits (including lump sum payments, annuities, and other benefits) payable from the scheme to a member of the scheme will not exceed the sum of—
                                                                              1. contributions paid by or on behalf of a member and investment earnings on the contributions; and
                                                                                1. any allocations to the member from surplus funds held within the scheme; and
                                                                                  1. the amount paid to that member from any insurance policy effected for the benefit of members of the scheme; and
                                                                                  2. the trust deed of the scheme defines the rates or amounts (if any) of contributions of the employer or officers or employees; and
                                                                                    1. the trust deed of the scheme entitles the employer to cease contributing to the scheme on behalf of a person if they cease to be an officer or employee of the employer; and
                                                                                      1. the benefits provided by the scheme are fully funded as they accrue; and
                                                                                        1. the scheme, if it enables members to withdraw from the scheme, enables withdrawing members to transfer to other superannuation schemes the value (as determined in accordance with the terms of the scheme) of the benefits attributable to their membership of the scheme up to the date of withdrawal; and
                                                                                          1. the scheme enables a person who becomes an officer or employee of that employer, if the employer agrees to contribute to the scheme on their behalf, to become a member of the scheme and to transfer to the scheme the value of the benefits attributable to their membership of other superannuation schemes; and
                                                                                            1. the trust deed of the scheme does not permit amendments to be made to the scheme that would result in a provision of paragraphs (a) to (f) ceasing to apply to the scheme.
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