Public Service Act 2020

Offence, immunity, and public service reorganisations - Offence to solicit or attempt to improperly influence public service leaders

103: Offence to solicit or attempt to influence public service leaders

You could also call this:

"It's against the law to try to unfairly influence important public service decision-makers."

Illustration for Public Service Act 2020

If you try to influence a public service leader in a way that is not proper, you can commit an offence. This happens when you try to influence them while they are making a decision about certain matters, such as those described in section 45 or 54, which are about acting independently when making decisions. You can be fined up to $2,000 if you are convicted of this offence.

When we talk about a public service leader, we mean someone who is defined in section 5, but this also includes some other people and groups in certain situations. If you are found to have committed this offence, you will have to pay a fine.

You should understand that a public service leader has a specific role, and trying to improperly influence them is against the law.

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 It might be out of date or be missing some parts.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=LMS356943.


Previous

102: Request for information does not limit other enactments, or

"Getting info from the Commissioner doesn't override other laws, like privacy laws."


Next

104: Immunity for chief executives and employees, or

"Protection from being sued for public service workers doing their job honestly"

Part 5Offence, immunity, and public service reorganisations
Offence to solicit or attempt to improperly influence public service leaders

103Offence to solicit or attempt to influence public service leaders

  1. A person commits an offence if—

  2. they directly or indirectly solicit or attempt to improperly influence a public service leader or a delegate of a public service leader; and
    1. they do so when the leader or delegate is making a decision on any of the matters described in section 45 or 54 (which relate to duties to act independently when making decisions about individual chief executives and individual employees, respectively).
      1. A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.

      2. In this section, public service leader has the meaning given in section 5, but—

      3. includes a Deputy Commissioner only if they are carrying out functions of the Commissioner; and
        1. includes interdepartmental executive boards and the boards of interdepartmental ventures.
          Compare