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Parliament Act 2025

Parliamentary Service and other parliamentary bodies - Parliamentary Service - Acting chief executive

130: Speaker to appoint acting chief executive

You could also call this:

"The Speaker chooses someone to fill in for the chief executive if they are away or their job is empty."

Illustration for Parliament Act 2025

The Speaker has to choose someone to do the chief executive's job if it is empty or if the chief executive is away and cannot do their work. You can be chosen for this job if you work for a parliamentary agency or a government department. The Speaker can choose someone before the chief executive's job becomes empty or while it is empty. The Speaker also decides what conditions you will work under if you are chosen for this job. If the Speaker is away or their job is empty, the Governor-General can make these decisions instead, and you can find more information about similar laws by looking at the cl 6 and cl 9. The Governor-General can also make these decisions after a general election.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS803952.

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Topics:
Government and voting > Government departments
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129: Additional provisions relating to chief executive’s employment, or

"Extra rules about the boss's job"

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131: Chief executive is employer and appoints and may remove employees, or

"The boss of the Parliamentary Service chooses and manages the employees."

Part 6Parliamentary Service and other parliamentary bodies
Parliamentary Service: Acting chief executive

130Speaker to appoint acting chief executive

  1. Subsection (2) applies if—

  2. the office of chief executive is vacant; or
    1. the chief executive is absent from duty (for whatever reason) and is unable to delegate their functions, duties, and powers under this Act to another person.

      1. The Speaker must appoint one of the following persons to perform all or any of the functions and duties and exercise all or any of the powers of the chief executive:

      2. an employee of a parliamentary agency:
        1. an employee of a department.

          1. The appointment may be made before the absence or vacancy occurs or while it continues.

          2. An appointment of an acting chief executive and acts done by them cannot be questioned in proceedings on the grounds that—

          3. the appointment was made for no reason or for a reason that no longer applies; or
            1. the acting chief executive was not appointed to the position of chief executive.

              1. The Speaker must determine the conditions of employment that are to apply to an acting chief executive.

              2. The Governor-General may act in place of the Speaker under subsection (2)—

              3. if—
                1. the office of Speaker is vacant or the Speaker is absent from duty; and
                  1. the office of Deputy Speaker is vacant or the Deputy Speaker is absent from duty; and
                    1. there is no member with authority to act as Speaker; or
                    2. during the period following a general election.

                      Compare
                      • 2000 No 17 Schedule 1 cl 6
                      • 2020 No 40 Schedule 7 cl 9