Public Service Act 2020

Preliminary provisions - Provisions for operation of Act

5: Interpretation

You could also call this:

"What special words in the Public Service Act 2020 mean"

When you read the Public Service Act 2020, you will see some words that have special meanings. The Act explains what these words mean so you can understand it better. You need to know what these words mean to make sense of the Act.

You will see words like 'appropriate Minister', which refers to the Minister responsible for a particular agency or chief executive. This Minister is in charge of that agency or chief executive. There are also words like 'collective agreement', which is an agreement between unions and employers about the terms and conditions of employment.

The Act also talks about 'Crown entities', which are organisations that work for the government, and 'Crown Research Institutes', which are organisations that do research for the government. You will also see words like 'department', which refers to a government agency, and 'departmental agency', which is an agency that is part of a department.

The Act explains what an 'employee' is, which is someone who works for a government agency, and what an 'employment agreement' is, which is a contract between an employee and their employer. It also talks about 'fees frameworks', which are rules for how much people get paid for working on certain tasks.

You will see words like 'functional chief executive', which is a chief executive who is in charge of a particular area of work, and 'host department', which is the department that an agency or chief executive belongs to. The Act also explains what an 'individual employment agreement' is, which is an agreement between an employee and their employer that is just for that employee.

The Act talks about 'interdepartmental executive boards' and 'interdepartmental ventures', which are groups of people who work together on certain tasks. It also explains what a 'medical practitioner' is, which is a doctor who is registered to practice medicine.

You will see words like 'Minister', which refers to a government Minister, and 'ministerial staff', which are employees who work for a Minister. The Act also talks about 'public service agencies', which are government agencies that provide services to the public, and 'public service chief executives', who are in charge of these agencies.

The Act explains what 'public service employees' are, which are employees who work for government agencies, and what 'public service leaders' are, which are people who are in charge of government agencies. It also talks about 'public service principles' and 'public service values', which are the rules and values that guide how government agencies work.

You will see words like 'remuneration', which refers to how much someone gets paid for their work, and 'State services', which refers to all the government agencies and organisations that work together to provide services to the public. The Act also explains what a 'tertiary education institution' is, which is an organisation that provides higher education, and what a 'union' is, which is a group of employees who work together to negotiate their terms and conditions of employment.

The Act also mentions the Crown Entities Act 2004, the Crown Research Institutes Act 1992, the Education and Training Act 2020, the Employment Relations Act 2000, the Health Practitioners Competence Assurance Act 2003, the Public Finance Act 1989, and the State-Owned Enterprises Act 1986.

These explanations help you understand what the Act is talking about. They are like a dictionary for the Act, explaining what each word means. This helps you make sense of the Act and understand what it says.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356868.


Previous

4: Guide to this Act, or

"A guide to understanding the Public Service Act and how it works in New Zealand."


Next

6: References to departments in enactments, or

"What happens when laws mention government departments or groups"

Part 1Preliminary provisions
Provisions for operation of Act

5Interpretation

  1. In this Act, unless the context otherwise requires,—

    appropriate Minister, in relation to a public service agency, functional chief executive, or system leader, means—

    1. the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for that agency, chief executive, or system leader; or
      1. if 2 or more Ministers of the Crown, under the authority of any warrant or with the authority of the Prime Minister,—
        1. are responsible for different functions of that agency, chief executive, or system leader, the Minister responsible for the relevant function of the agency, chief executive, or system leader; or
          1. are jointly responsible for that agency, chief executive, or system leader, both or all of those Ministers

          collective agreement means an agreement that is binding on—

          1. 1 or more unions; and
            1. 1 or more employers; and
              1. 2 or more employees

                Commission means the Public Service Commission

                  Commissioner means the Public Service Commissioner appointed under section 42

                    conditions of employment

                    1. includes remuneration; but
                      1. does not include—
                        1. allowances payable to employees serving outside New Zealand; or
                          1. other conditions of service of employees serving outside New Zealand

                          Crown agent means a statutory entity named in Part 1 of Schedule 1 of the Crown Entities Act 2004

                            Crown entity has the meaning given in section 7 of the Crown Entities Act 2004

                              Crown Research Institute means a Crown Research Institute established under the Crown Research Institutes Act 1992, or a Crown entity subsidiary of a Crown Research Institute (within the meaning of the Crown Entities Act 2004)

                                department means any of the agencies listed in Part 1 of Schedule 2 (see also the extended definition of departments in sections 26(3) and 33(3) and see also sections 6 and 7 in relation to references in other enactments)

                                  departmental agency means any of the agencies that are listed in the first column of the table in Part 2 of Schedule 2, and that are each part of the corresponding host department stated in the second column of that table

                                    Deputy Commissioner means a Deputy Public Service Commissioner appointed under section 47

                                      education service has the same meaning as in section 10(7) of the Education and Training Act 2020

                                        employee, in relation to State services,—

                                        1. means an employee in any State services agency, whether paid by salary, wages, or otherwise; but
                                          1. does not include any chief executive

                                            employee of a department or employee of the department has the meaning given in section 65

                                              employee of an interdepartmental venture or employee of the interdepartmental venture has the meaning given in section 65

                                                employment agreement

                                                1. means a contract of service; and
                                                  1. includes an employee’s terms and conditions of employment in—
                                                    1. a collective agreement; or
                                                      1. a collective agreement together with any additional terms and conditions of employment; or
                                                        1. an individual employment agreement

                                                        fees framework means the framework determined by the Government for the classification and remuneration of statutory and other bodies in which the Crown has an interest

                                                          functional chief executive means a chief executive appointed under section 51(5) to a particular functional chief executive role (see section 51(3) and Schedule 5)

                                                            host department means the host department of a departmental agency or a functional chief executive

                                                              individual employment agreement means an employment agreement that is binding on only 1 employer and 1 employee who is not bound by a collective agreement that binds the employer

                                                                interdepartmental executive board means any of the agencies that are listed in the first column of the table in Part 3 of Schedule 2, and that are serviced by the corresponding department stated in the third column of that table

                                                                  interdepartmental venture means any of the agencies listed in the first column of the table in Part 4 of Schedule 2

                                                                    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

                                                                      Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

                                                                        ministerial staff means employees who are employed on events-based employment agreements or any other fixed-term employment agreement—

                                                                        1. by the department or interdepartmental venture that is responsible for the employment of ministerial staff across all Ministers’ offices; and
                                                                          1. to work directly for a Minister in a Minister’s office rather than in a public service agency

                                                                            Office of Parliament has the meaning given in section 2(1) of the Public Finance Act 1989

                                                                              public service has the meaning given in section 10

                                                                                public service agency means any of the agencies listed in section 10(a)

                                                                                  public service chief executive or chief executive means (subject to clause 11 of Schedule 7 relating to the Commissioner and the Solicitor-General) a chief executive of a department or departmental agency or a functional chief executive (see also the extended definition of chief executives in sections 29(7) and 36(5))

                                                                                    public service employee,—

                                                                                    1. for the purposes of sections 13 and 22, means employees who work in public service agencies and Crown agents:
                                                                                      1. for all other purposes in this Act, has the meaning given in section 65

                                                                                        public service leader means the Commissioner, a Deputy Commissioner, or a public service chief executive, and public service leaders means all people holding those roles at the relevant point in time

                                                                                          public service leadership team means the leadership team established under section 59

                                                                                            public service principles means the principles set out in section 12

                                                                                              public service values means the values set out in section 16

                                                                                                remuneration includes—

                                                                                                1. salary, wages, and other payments, whether in the form of bonuses or otherwise, in return for services; and
                                                                                                  1. benefits and other emoluments (whether in money or not) in return for services

                                                                                                    State services

                                                                                                    1. means all instruments of the Crown in respect of the Executive Government of New Zealand, whether public service agencies, bodies corporate, agencies, or other instruments; and
                                                                                                      1. includes Crown entities; and
                                                                                                        1. includes organisations named or described in Schedule 4, and companies named in Schedule 4A, of the Public Finance Act 1989; and
                                                                                                          1. includes the education service; but
                                                                                                            1. does not include—
                                                                                                              1. the Governor-General; or
                                                                                                                1. members of the Executive Council; or
                                                                                                                  1. Ministers of the Crown; or
                                                                                                                    1. members of Parliament; or
                                                                                                                      1. organisations listed in Schedule 1 of the State-Owned Enterprises Act 1986; or
                                                                                                                        1. tertiary education institutions; or
                                                                                                                          1. Offices of Parliament; or
                                                                                                                            1. the Office of the Clerk of the House of Representatives; or
                                                                                                                              1. the Parliamentary Service

                                                                                                                              tertiary education institution has the same meaning as institution in section 10(1) of the Education and Training Act 2020

                                                                                                                                union means a union registered under Part 4 of the Employment Relations Act 2000.

                                                                                                                                Compare