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Parliament Bill

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"

The Parliament Bill has a part called a schedule. This schedule is about the Clerk and the chief executive. You will learn about the rules for these two important jobs. The Clerk and chief executive have some similar rules. The Clerk is appointed for 7 years and can be reappointed. You can find more information about the Clerk's job in section 107 and section 130. The Clerk's pay is decided by the Remuneration Authority. The chief executive also has a 7-year term and can be reappointed. The chief executive's pay is also decided by the Remuneration Authority. Both the Clerk and the chief executive cannot have other paid jobs without the Speaker's approval. If the Clerk or chief executive wants to resign, they must give written notice. They can resign and give notice to the Speaker or the Deputy Speaker, unless the Speaker is away, then they give notice to the Governor-General. The Governor-General can suspend or remove the Clerk from their job for reasons like not being able to do their job or misconduct. The Speaker can suspend or remove the chief executive for just cause, with the Governor-General's agreement. During an election, the Governor-General can suspend the chief executive. The suspension lasts until the Speaker removes the chief executive or 2 months after the first meeting of the House of Representatives after the election. The Clerk and chief executive may be part of a superannuation fund, which is like a retirement savings plan. If they are already part of the fund, they can keep being part of it while they have their job. But if they stop being part of the fund, they cannot join again.

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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=LMS918706.

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

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 107, 130

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.

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.

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.

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 47.

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.

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.

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.

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.

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.

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.

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 47.

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.

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.

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.

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.