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Parliament Bill

Schedule 5: Employment in parliamentary agencies

You could also call this:

"Rules for Working in Parliamentary Agencies"

The Parliament Bill has a part about employment in parliamentary agencies. You will be affected by this if you work for a parliamentary agency. The head of a parliamentary agency must appoint employees based on merit. They must also tell people about job vacancies. If an employee is away or a job is empty, the head of the agency can ask another employee to do the job. The Employment Relations Act 2000 applies to parliamentary agencies. The head of each agency is responsible for negotiating collective agreements with unions. If an employee moves to another parliamentary agency, their employment is considered continuous for things like holidays and superannuation. The head of a parliamentary agency must be a good employer and make sure the agency follows the principles of being a good employer. A good employer operates an employment policy that is fair and proper, including things like impartial selection, good working conditions, and equal employment opportunities. The head of the agency must also promote diversity and inclusiveness in the workplace. You can find more information about this in the different parts of the schedule, which outline the provisions for employment in parliamentary agencies.

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This page was last updated on 9 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS804357.

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Schedule 4: Additional conditions of Clerk holding office and chief executive’s appointment, or

"Rules for the Clerk and Chief Executive's Jobs"

Schedule 6: Procedure of Parliamentary Corporation and Parliamentary Service Commission, or

"How Parliamentary Groups Make Decisions and Hold Meetings"

5Employment in parliamentary agencies Empowered by ss 116, 135

1Parliamentary agency employees

Appointing employees

2Appointments on merit

When appointing an employee under this Act, the head of a parliamentary agency must give preference to the person who is best suited to the position.
This clause does not apply if the chief executive is appointing a parliamentary party employee.

3Obligation to notify vacancies

If the head of a parliamentary agency intends to fill a position that is vacant or is to become vacant, the head of the parliamentary agency must, if it is reasonably practicable to do so, notify the vacancy or prospective vacancy using 1 or more means that enable suitably qualified people to apply for the position.
This clause does not apply if the position is for a parliamentary party employee.

4Acting appointments

If an employee is absent from duty (for whatever reason) or a vacancy in a position in a parliamentary agency exists (for whatever reason), the head of the parliamentary agency affected may direct another employee to perform the functions and duties and exercise the powers of the relevant position.
A direction, or the acts of an employee acting under the direction, cannot be questioned in proceedings on any of the following grounds:
there was no absence or vacancy:
there is no longer an absence or a vacancy:
the employee acting under the direction was not appointed to the relevant position.

5Evidence of appointments

An appointment to an office or a position in a parliamentary agency must be made, confirmed, or approved by the head of the agency that made the appointment.
An instrument issued by a head of a parliamentary agency stating that a person named in the instrument was appointed to an office or a position in the agency from and including a particular date is sufficient evidence of the appointment unless the contrary is proved.

6Obligation to notify appointments

The head of a parliamentary agency must notify the agency’s employees of appointments made by the head of the agency.
This clause does not apply to appointments of—
acting, temporary, or casual employees; or
parliamentary party employees.

7Review of appointments

The head of a parliamentary agency must put into place a procedure for reviewing any appointment made to the agency that is the subject of a complaint by an employee of the agency.
This clause does not apply to acting appointments or to appointments of parliamentary party employees.

Applicants for employment may be asked about political activities

8Applicants for certain positions may be asked about political activity

This clause applies if the head of a parliamentary agency is seeking to fill a position that is vacant or is to become vacant (the vacant position) for—
an officer of the House; or
a corporate employee.

The head of a parliamentary agency may appoint a person to the vacant position only if the head of the parliamentary agency is satisfied that the person is capable of performing the functions and duties and exercising the powers associated with the vacant position in a politically impartial manner.
For that purpose, the head of the parliamentary agency may ask an applicant for the vacant position to identify any political activity that the applicant has undertaken.
However, the head of the parliamentary agency may not ask the applicant to provide information about the applicant’s political affiliations, opinions, or views.
In this clause,—
corporate employee means an employee—
1. who is employed by the Parliamentary Service; and
2. who is not—
  1. a member support employee; or
  2. a parliamentary party employee; or
  3. an employee who is employed by the Parliamentary Service to work directly for the Office of the Speaker
local election has the meaning given to election in section 5(1) of the Local Electoral Act 2001
member support employee means an employee who is employed by the Parliamentary Service to work directly for 1 or more members, if the member exercises control or direction over the employee in a manner that is similar or substantially similar to the control or direction that an employer exercises, or is entitled to exercise, in relation to the employee
political activity means the following activity:
1. activity carried out on behalf of a political party, regardless of whether that political party is a party within the meaning of this Act:
2. activity carried out on behalf of a candidate in a general election, a by-election, or a local election.

2General employment provisions

Application of Employment Relations Act 2000 to parliamentary agencies

9Application of Employment Relations Act 2000 to parliamentary agencies

The Employment Relations Act 2000 applies to the parliamentary agencies.
Subclause (1) is subject to the provisions of this Act.

Negotiation of collective agreements

10Negotiation of collective agreements

The head of each parliamentary agency is responsible for negotiating under the Employment Relations Act 2000 all collective agreements that apply to the parliamentary agency.
The head of each parliamentary agency must conduct the negotiations with those unions of which the agency’s employees are members.
Each collective agreement that is entered into between the head of a parliamentary agency and a union and that relates to the parliamentary agency is binding on—
the head of the parliamentary agency; and
the employees of the parliamentary agency who are or become members of the union and whose work comes within the coverage clause in the collective agreement.

Power to transfer employees between parliamentary agencies

11Power to transfer employees between parliamentary agencies

This clause applies if functions are transferred from one parliamentary agency (agency A) to another parliamentary agency (agency B).
The head of agency A may in consultation with the head of agency B, and subject to the relevant employment agreements, transfer any employee who was performing the relevant functions in agency A to a position in agency B, if the position in agency B—
consists of the same duties and responsibilities as those of the employee’s position in agency A immediately before the transfer; and
is in substantially the same general locality or a locality within reasonable commuting distance; and
is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
is on terms that treat service within the parliamentary agencies as if it were continuous service.

Before transferring an employee under this clause, the head of agency A must consult the employee about the proposed transfer.
Clause 15 applies to an employee who is transferred under this clause.
Clauses 2 to 7 do not apply in relation to the transfer of an employee under this clause.
This clause overrides Part 6A of the Employment Relations Act 2000 (which relates to continuity of employment if employees’ work is affected by restructuring).

Restrictions on redundancy payments

12No redundancy payment for employee transferred under clause 11

An employee who is to be transferred under clause 11 is not entitled to a redundancy payment.

13Other restrictions on redundancy payments

An employee who has received a notice of termination by reason of redundancy is not entitled to a redundancy payment if, before the employee’s employment has ended, the employee—
is offered and accepts another position as an employee in the employee’s current parliamentary agency or in the other parliamentary agency that—
1. begins before, on, or immediately after the date on which the employee’s current position ends; and
2. is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
3. is on terms that treat service within the parliamentary agencies as if it were continuous service; or
is offered an alternative position as an employee in the employee’s current parliamentary agency or in the other parliamentary agency that—
1. begins before, on, or immediately after the date on which the employee’s current position ends; and
2. is a position with comparable duties and responsibilities to those of the employee’s current position; and
3. is in substantially the same general locality or a locality within reasonable commuting distance; and
4. is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
5. is on terms that treat service within the parliamentary agencies as if it were continuous service.

Clause 15 applies to an employee to whom subclause (1)(a) applies and who is moving from a position as an employee in a parliamentary agency to a position as an employee in the other parliamentary agency.
This clause overrides Part 6A of the Employment Relations Act 2000 (which relates to continuity of employment if employees’ work is affected by restructuring).

Employment in parliamentary agencies continuous for purpose of certain legislation

14Application of clause 15

Clause 15 applies to an employee if—
the employee moves from a position as an employee in a parliamentary agency (agency A) to a position as an employee in the other parliamentary agency (agency B); and
the position as an employee in agency B begins before, on, or immediately after the date on which the employee’s position as an employee with agency A ends.

Without limiting subclause (1), clause 15 applies to an employee who—
is transferred under clause 11 from a position as an employee in a parliamentary agency to a position as an employee in the other parliamentary agency; or
moves from one parliamentary agency to the other in the circumstances to which clause 13(1)(a) applies.

15Employment in parliamentary agencies continuous for purposes of certain legislation

The employment of an employee to whom this clause applies is to be treated as continuous for the purposes of—
entitlements under the following provisions in Part 2 of the Holidays Act 2003:
1. subpart 1 (annual holidays); and
2. subpart 3 (public holidays and alternative holidays); and
3. subpart 4 (sick leave and bereavement leave); and
4. subpart 5 (family violence leave); and
entitlements to leave under the Parental Leave and Employment Protection Act 1987; and
the KiwiSaver Act 2006.

For the purposes of subclause (1)(a),—
the period of employment of the employee in agency A that ends with the date on which the employee moves to agency B must be treated as a period of employment with agency B for the purpose of determining the employee’s entitlement to annual holidays, sick leave, bereavement leave, and family violence leave; and
the head of agency A must not pay the employee for annual holidays, or alternative holidays, not taken before the date on which the employee moved to the position in agency B; and
the head of agency B must recognise the employee’s entitlement to—
1. any sick leave, including any sick leave carried over under section 66 of the Holidays Act 2003, not taken before the date on which the employee moved to the position in agency B; and
2. any annual holidays not taken before the date on which the employee moved to the position in agency B; and
3. any alternative holidays not taken or exchanged for payment under section 61 of that Act before the date on which the employee moved to the position in agency B; and
4. any holidays not taken before the date on which the employee moved to the position in agency B in relation to which there was an agreement between the employee and agency A under section 44A or 44B of that Act.

For the purposes of subclause (1)(b),—
the period of employment of the employee in agency A that ends with the date on which the employee moves to agency B must be treated as a period of employment with agency B; and
the head of agency B must treat any notice given to or by the head of agency A under the Parental Leave and Employment Protection Act 1987 as if it had been given to or by the head of agency B.

If the employee’s position with agency B begins before the date on which the employee’s position with agency A ends, subclauses (2) and (3) must be applied as if the position with agency A ends on the date on which the employee’s position with agency B begins.
For the purposes of subclause (1)(c), the employment of the employee in the position with agency B is not new employment within the meaning of that term in the KiwiSaver Act 2006.
In this clause,—
agency A means the parliamentary agency that an employee moves from
agency B means the parliamentary agency that an employee moves to from agency A.

Superannuation

16Superannuation

Subclauses (2) to (4) apply to a person who, immediately before becoming an employee of a parliamentary agency, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 (the 1956 Act).
The person is, for the purposes of the 1956 Act, to be treated as if the person is employed in the Government service while the person is an employee of a parliamentary agency.
However, if the person ceases to be a contributor to the Government Superannuation Fund after their appointment, the person may not resume making contributions to the Fund.
For the purposes of applying the 1956 Act to a person under this clause, controlling authority, in relation to the person, means the head of the relevant parliamentary agency.

Employee is State servant for purposes of Electoral Act 1993

17Employee is State servant for purposes of Electoral Act 1993

For the purposes of sections 52 and 53 of the Electoral Act 1993, an employee of a parliamentary agency is a State servant.

3Specific functions, duties, and powers of heads of parliamentary agencies

Head of parliamentary agency may set minimum standards of integrity and conduct

18Head of agency may set minimum standards of integrity and conduct

The head of a parliamentary agency may set minimum standards of integrity and conduct that are to apply in that parliamentary agency.
The heads of the parliamentary agencies may agree to set joint minimum standards of integrity and conduct that are to apply in both parliamentary agencies.
The head of a parliamentary agency may set those minimum standards by issuing a code of conduct to the parliamentary agency.

Head of parliamentary agency must be good employer

19Head of parliamentary agency must be good employer

The head of a parliamentary agency must—
operate an employment policy that complies with the principle of being a good employer; and
make that policy (including the equal employment opportunities programme) available to the parliamentary agency’s employees; and
ensure the parliamentary agency’s compliance with that policy (including the equal employment opportunities programme); and
report in the parliamentary agency’s annual report on the extent of the parliamentary agency’s compliance.

The heads of the parliamentary agencies may operate a joint employment policy that meets the requirements of this clause for each parliamentary agency to which the policy applies.
In this clause, good employer means an employer who operates an employment policy that contains provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions for—
the impartial selection of suitably qualified people for appointment (except in the case of parliamentary party employees); and
good and safe working conditions; and
an equal employment opportunities programme; and
recognition of—
1. the aims and aspirations of Māori; and
2. the employment requirements of Māori; and
3. the need for greater involvement of Māori in the parliamentary agencies; and
opportunities to enhance the abilities of individual employees; and
recognition of the aims and aspirations, employment requirements, and cultural differences of ethnic and minority groups; and
recognition of the employment requirements of women; and
recognition of the employment requirements of people with disabilities; and
recognition of the importance of achieving pay equity between female and male employees; and
recognition of the importance of decisions about remuneration being free from bias including, but not limited to, gender bias.

20Head of agency’s functions and duties include promoting, developing, and monitoring equal employment opportunities programmes and policies

The functions and duties of the head of each parliamentary agency include developing, promoting, and monitoring equal employment opportunities programmes and policies for that agency.
The head of each parliamentary agency may adopt, in whole or in part, an equal employment opportunities programme or policy promoted or developed by the Public Service Commissioner under section 74(1) of the Public Service Act 2020.
The heads of the parliamentary agencies may develop, promote, and monitor joint equal employment opportunities programmes and policies that meet the requirements of this clause for each of the parliamentary agencies to which the programmes and policies apply.

21Head of parliamentary agency to promote diversity and inclusiveness

The head of a parliamentary agency must—
be guided by the principle that the group comprising all employees of the agency should reflect the makeup of society; and
in employment policies and practices, foster a workplace that is inclusive of all groups.

1Outline of this schedule

This schedule sets out provisions concerning employment in the parliamentary agencies.
Part 1 provides for matters relating to appointing parliamentary agency employees.
Part 2 sets out general employment provisions relating to the parliamentary agencies, including the application of the Employment Relations Act 2000, personal grievances and disputes, transferring employees between parliamentary agencies, redundancy payments, and superannuation.
Part 3 provides for matters relating to the Clerk and the chief executive, as heads of the parliamentary agencies.