Public Service Act 2020

People working in public service - Public service workforce - Public service employees

68: Public service employees: departmental agencies

You could also call this:

"Rules for staff in government agencies and departments"

When you work for a departmental agency, the chief executive of the host department is treated as having given some of their powers to the chief executive of the agency. This includes powers like appointing and removing employees, as described in section 66(a) and (b), and dealing with personal grievances, as described in section 77(a) and (c). The chief executive of the host department is also treated as having given the agency chief executive powers related to appointments on merit, as described in section 72.

The chief executive of the host department gives the agency chief executive more powers, including the power to transfer employees, as described in section 86, and to make decisions about redundancy payments, as described in section 88. The agency chief executive also gets powers related to notifying vacancies, as described in clause 1 of Schedule 8, and making acting appointments, as described in clause 2 of Schedule 8.

The chief executive of the departmental agency can use these powers in the same way as if they were given directly by the Public Service Act 2020. This means the agency chief executive has the same rights and duties as the host department chief executive, and can make decisions with the same effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356912.


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Part 3People working in public service
Public service workforce: Public service employees

68Public service employees: departmental agencies

  1. In relation to employees of a host department who perform the functions or duties or exercise the powers of a departmental agency, the chief executive of the host department is treated as—

  2. having delegated to the chief executive of the departmental agency the rights, duties, and powers described in the following provisions:
    1. section 66(a) and (b) (power to appoint and remove employees); and
      1. section 77(a) and (c) (personal grievances and certain other employment relationship problems); and
        1. section 72 (appointments on merit); and
          1. section 86 (power to transfer employees); and
            1. section 88 (other restrictions of redundancy payments); and
              1. section 89 (certain provisions not to apply in relation to transfer or offer of alternative position); and
                1. clause 1 of Schedule 8 (obligation to notify vacancies); and
                  1. clause 2 of Schedule 8 (acting appointments); and
                    1. clause 3 of Schedule 8 (evidence of appointments); and
                      1. clause 4 of Schedule 8 (obligation to notify appointments); and
                        1. clause 6 of Schedule 8 (medical examinations); and
                          1. clause 7 of Schedule 8 (application of collective agreements to employees following reorganisations); and
                            1. clauses 8 to 11 of Schedule 8 (application of employee provisions to transfers of functions between Crown entities and public service agencies); and
                            2. not having those rights, duties, and powers in relation to those employees.
                              1. The chief executive of a departmental agency has the rights and duties and may exercise the powers referred to in subsection (1) in the same manner, subject to the same restrictions, and with the same effect as if they had been conferred on that chief executive directly by this Act.

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