Public Service Act 2020

People working in public service - Public Service Commission leaders and advisory committees - Public Service Commissioner and Deputy Public Service Commissioners

45: Duty to act independently when making decisions about public service chief executives

You could also call this:

"The Commissioner makes decisions about public service bosses without being told what to do by the Minister."

When you are making decisions about the people in charge of public services, the Commissioner does not have to listen to the Minister. The Commissioner must make these decisions on their own. You need to know the Commissioner is independent when making these decisions, but there are some exceptions. These exceptions are listed in clauses 3, 4, 6, 7, and 8 of Schedule 7, which you can find by following the links to clauses 3, 4, 6, 7, and 8.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS257990.


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Part 3People working in public service
Public Service Commission leaders and advisory committees: Public Service Commissioner and Deputy Public Service Commissioners

45Duty to act independently when making decisions about public service chief executives

  1. When making decisions about individual chief executives, the Commissioner is not responsible to the Minister and must act independently.

  2. The independence required by subsection (1) does not apply to clauses 3, 4, 6, 7, and 8 of Schedule 7 (relating to appointment, reappointment, transfer, conditions of employment, and removal from office of chief executives).

Compare
  • 1988 No 20 s 5