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Public Service Act 2020

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

47: Deputy Public Service Commissioners

You could also call this:

"Who are the Deputy Public Service Commissioners and what do they do?"

The Governor-General appoints two Deputy Public Service Commissioners after the Prime Minister recommends them. You need to know that the Prime Minister talks to the leaders of all the political parties in the House of Representatives before making a recommendation. The Deputy Commissioners work under the control of the main Commissioner and can do all their jobs.

The Commissioner can give the Deputy Commissioners special jobs to do in certain areas. If the main Commissioner is not available and no one is acting in their place under clause 2 of Schedule 4, the Deputy Commissioner who has been in the role longer will act as Commissioner. When a Deputy Commissioner does a job, it is assumed they have the authority to do it, unless proven otherwise.

The Deputy Commissioners are important because they can help the main Commissioner with their work, and they can even act as Commissioner if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS359103.

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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

47Deputy Public Service Commissioners

  1. Two Deputy Public Service Commissioners must be appointed by the Governor-General on the recommendation of the Prime Minister.

  2. Before making a recommendation, the Prime Minister must consult with the leader of each political party represented in the House of Representatives.

  3. Subject to the control of the Commissioner, a Deputy Commissioner has and may perform or exercise all the functions, duties, and powers of the Commissioner.

  4. The Commissioner may assign to either or both of the Deputy Commissioners responsibilities to achieve objectives in 1 or more subject matter areas.

  5. If the office of Commissioner is vacant or the Commissioner is absent from duty for any reason and no acting Commissioner has been appointed under clause 2 of Schedule 4, the Deputy Commissioner who has held the role longer must act as Commissioner.

  6. The fact that a Deputy Commissioner performs or exercises any function, duty, or power of the Commissioner is, in the absence of proof to the contrary, conclusive evidence of their authority to do so.

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