Parliament Act 2025

Clerk and Office of the Clerk - Clerk - Acting Clerk

109: Speaker may appoint acting Clerk

You could also call this:

"The Speaker can choose a temporary Clerk if the usual one is not available."

You can find out what happens when the Clerk is not available. The Speaker can choose someone to act as Clerk if the Deputy Clerk is not able to do the job. This can happen if the Deputy Clerk's job is empty or if they are away and cannot work. You need to know the Speaker can pick an employee from a parliamentary agency to be the acting Clerk. They can do the Clerk's jobs and make decisions like the Clerk. The Speaker can choose someone before or while the Deputy Clerk is away or their job is empty. If the Speaker is not available, the Governor-General can make the choice instead. This can happen if the Speaker's job is empty or if they are away and cannot work. It can also happen after a general election or if there is no one to act as Speaker.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS803915.

This page was last updated on 25 December 2025 — View changes

Topics:

Government and voting > Government departments

108: Deputy Clerk may perform Clerk’s functions, duties, and powers, or

"The Deputy Clerk can do the Clerk's job if they are away or can't work."

110: Further matters applying to acting Clerk, or

"Rules for someone doing the Clerk's job temporarily"

Part 5Clerk and Office of the Clerk
Clerk: Acting Clerk

109Speaker may appoint acting Clerk

Subsection (2) applies if the circumstances described in section 108(1) apply and—
the office of Deputy Clerk is vacant; or
the Deputy Clerk is absent from duty (for whatever reason) and unable to perform the functions and duties and exercise the powers of the Clerk.

The Speaker may appoint an employee of a parliamentary agency—
to act as Clerk; and
to perform the functions and duties and exercise the powers of the Clerk.

The appointment may be made before the absence or vacancy occurs or while it continues.
The Governor-General may act in place of the Speaker under subsection (2)—
if—
1. the office of Speaker is vacant or the Speaker is absent from duty; and
2. the office of Deputy Speaker is vacant or the Deputy Speaker is absent from duty; and
3. there is no member with authority to act as Speaker; or
during the period following a general election.

Compare

1988 No 126 s 6(1), (3)