Public Service Act 2020

Public service agencies and joint operational agreements - Public service agencies - Departments and departmental agencies

24: Functions, duties, and powers and working arrangements of departmental agencies

You could also call this:

"What departmental agencies can do and how they work"

When you look at a departmental agency, you need to know what it can and can't do. The Ministers in charge can decide what functions, duties, and powers the agency has. They can also change these if needed. You should know that the Ministers can decide how the agency works with its host department. The Ministers can choose if the agency's chief executive can make decisions outside of the host department's framework or manage assets and liabilities.

The Ministers make these decisions if they think it's necessary or desirable for the agency to do its job. If the agency and its host department want to make other working arrangements, their chief executives must agree, and the Commissioner must also agree. The host department usually provides services to the agency, but they can agree to do things differently if needed.

You can find more information about the responsibilities of the chief executives in section 52(2) and (3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356884.


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23: Establishment and reorganisations of departments and departmental agencies, or

"The Governor-General can create, change or update government departments and agencies by order."


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25: Purposes, or

"Helping government departments work together"

Part 2Public service agencies and joint operational agreements
Public service agencies: Departments and departmental agencies

24Functions, duties, and powers and working arrangements of departmental agencies

  1. The functions, duties, and powers of a new or an existing departmental agency may be determined or altered by the appropriate Minister for the agency and the appropriate Minister for its host department, except as provided in this Act or another enactment.

  2. Those Ministers may also decide that 1 or both of the following working arrangements will apply to a new or an existing departmental agency or will no longer apply:

  3. the chief executive of the departmental agency may operate outside the strategic and policy framework of the host department:
    1. the chief executive of the departmental agency may manage assets and liabilities.
      1. The Ministers may decide that a working arrangement will apply only if they are reasonably satisfied that this is necessary or desirable for the agency to perform its functions or will no longer apply only if they are reasonably satisfied that this is no longer the case.

      2. Other working arrangements between a departmental agency and its host department must be agreed between the respective chief executives and agreed by the Commissioner.

      3. A host department must provide corporate services to a departmental agency, except to the extent that any variation is agreed between the chief executives of both agencies.

      4. See section 52(2) and (3), which relates to the responsibilities of the 2 chief executives for the functions, duties, and powers of their respective agencies.

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