Parliament Act 2025

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

You could also call this:

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

You are learning about the Parliament Act 2025. This Act has rules for the Clerk and the chief executive. They have special jobs in Parliament. You need to know about their terms of office. The Clerk and the chief executive are appointed for 7 years. They can be reappointed. Their pay is decided by the Remuneration Authority. The Speaker can decide other terms and conditions. The Clerk and the chief executive cannot hold other jobs. They must not work for pay outside their office without the Speaker's approval. If they want to resign, they must give written notice. The notice goes to the Speaker or the Deputy Speaker. In some cases, the notice goes to the Governor-General. The Governor-General can suspend or remove them from office. The Clerk and the chief executive have superannuation rules. These rules are like those for Government employees. There are two parts to these rules. Part 1 is about the Clerk. Part 2 is about the chief executive. These rules are in addition to other rules in the Act. They help you understand the Clerk and chief executive's jobs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS918706.

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

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Schedule 3: Administration of salaries, allowances, annuities, expenses, and services for members and others, or

"How MPs Get Paid and Claim Expenses"

Schedule 5: Employment in parliamentary agencies, or

"Rules for Working in Parliamentary Agencies"

4Additional conditions of Clerk holding office and chief executive’s appointment Empowered by ss 106, 129

1Conditions of Clerk holding office

2Term of office

The Clerk—
is appointed for a term of 7 years; and
is eligible to be reappointed.

When the term for which a person has been appointed as Clerk expires, the person continues to hold office (unless sooner vacating or removed from office) until—
the person is reappointed; or
a successor to the person is appointed.

Compare

1988 No 126 s 10

3Remuneration and conditions of appointment

The Remuneration Authority must determine the remuneration of the Clerk under section 12(1)(a)(v) of the Remuneration Authority Act 1977.
The Speaker may determine any other terms and conditions of appointment of the Clerk that are additional to those specified in this Act.

Compare

1988 No 126 s 8

4Clerk must not hold other office or undertake other paid employment

A person who holds office as Clerk cannot be a member.
A person who holds office as Clerk must not, without the approval of the Speaker,—
hold any other paid or unpaid office; or
undertake any paid employment outside the person’s office as Clerk.

Compare

1988 No 126 s 9

5Vacation of office by resignation

A person holding office as Clerk may resign.
The person must give written notice of their resignation to—
the Speaker; or
the Deputy Speaker, if the Deputy Speaker is performing or exercising the functions, duties, and powers of the Speaker under section 48.

However, the person must instead give written notice to the Governor-General—
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
if the person resigns during the period following a general election.

Compare

1988 No 126 s 11(1)

6Suspension or removal from office

On an address from the House of Representatives, the Governor-General may suspend or remove the Clerk from office for any of the following reasons:
inability to perform the functions, duties, and powers of the office:
bankruptcy:
neglect of duty:
misconduct.

When Parliament is not in session, the Governor-General may suspend the Clerk for any of those reasons proved to the satisfaction of the Governor-General.
A suspension by the Governor-General under subclause (2) does not continue in force later than 2 months after the beginning of the next session of Parliament.

Compare

1988 No 126 s 11(2), (3)

7Superannuation

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

Compare

1988 No 126 s 28
2020 No 31 s 16(2)–(5)

2Conditions of chief executive’s appointment

8Term of office

The chief executive—
is appointed for a term of 7 years; and
is eligible to be reappointed.

When the term for which a person has been appointed as chief executive expires, the person continues to hold office (unless sooner vacating or removed from office) until—
the person is reappointed; or
a successor to the person is appointed.

Compare

2000 No 17 Schedule 1 cl 4

9Remuneration and conditions of appointment

The Remuneration Authority must determine the remuneration of the chief executive under section 12(1)(a)(v) of the Remuneration Authority Act 1977.
The Speaker may determine any other terms and conditions of appointment of the chief executive that are additional to those specified in this Act.

Compare

2000 No 17 Schedule 1 cl 3

10Chief executive must not hold other office or undertake other paid employment

A person appointed as chief executive cannot be a member.
A person appointed as chief executive must not, without the approval of the Speaker,—
hold any paid or unpaid office; or
undertake any paid employment outside the person’s appointment as chief executive.

Compare

1988 No 126 s 9

11Vacation of office by resignation

A person appointed as chief executive may resign.
The person must give written notice of their resignation to—
the Speaker; or
the Deputy Speaker, if the Deputy Speaker is performing or exercising the functions, duties, and powers of the Speaker under section 48.

However, the person must instead give written notice to the Governor-General—
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
if the person resigns during the period following a general election.

Compare

1988 No 126 s 11(1)

12Suspension or removal from office

The Speaker may suspend or remove the chief executive from office—
for just cause or excuse; and
with the agreement of the Governor-General.

The Speaker must consult the Parliamentary Service Commission before suspending or removing the chief executive.
Subclause (1) does not apply during the period following a general election.
During that period, the Governor-General may suspend the chief executive from office for just cause or excuse.
A suspension under subclause (4) continues in force until whichever of the following occurs first:
the Speaker removes the chief executive:
the expiry of a period of 2 months after the first meeting of the House of Representatives after the general election.

Compare

2020 No 40 Schedule 7 cl 8

13Superannuation

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

Compare

2000 No 17 Schedule 1 cl 10
2020 No 31 s 16(2)–(5)

1Outline of this schedule

Part 1 of this schedule sets out conditions of the Clerk holding office, additional to those in subpart 1 of Part 5 of this Act.
Part 2 of this schedule sets out conditions of the employment of the chief executive, additional to those in subpart 1 of Part 6 of this Act.