- Title page
- When did the code of conduct come into effect?
- Why do we need a code of conduct?
- Who is covered by the code of conduct?
- Who is not covered by the code of conduct?
- Why does the code of conduct apply to more than just Public Service departments?
- Why doesn't the code of conduct apply to Crown entity board members acting in their personal capacity? What happens if they act inappropriately?
- How do agencies' codes of conduct interface with the Commissioner's code? Which code takes priority?
- What will I do to apply the code of conduct?
- Who can I go to for additional advice and guidance?
- What is the life expectancy of the code of conduct?
- What is the history of the code of conduct?
- What is the legal status of the code of conduct?
- Has the code of conduct been endorsed by the government?
- What value is there for the public in the code of conduct?
- What value does the code of conduct add?
- Can I (or my agency) have a variation to the code of conduct?
- Can I (or my agency) opt out of the code of conduct?
- What does my agency need to do to put the code of conduct in place?
- Why is there no reference to the Treaty of Waitangi in the code of conduct?
- How does this code of conduct fit with other legislative requirements?
- What consultation took place before the code of conduct was finalised?
- What is the relationship between the State Services Commissioner and State servants?
What is the relationship between the State Services Commissioner and State servants?
The Commissioner has a statutory power to apply the code of conduct to agencies specified in the State Sector Act. Those agencies must then comply with the standards. They must decide how people working for the agency do this.
State servants are employed either by a board in the case of a Crown entity or a Public Finance Act Schedule 4A company, or a chief executive in the case of a department. Maintaining standards of behaviour forms part of the relationship between employer and employee. The relationship with the Commissioner is more remote. The Commissioner sets the standards, and provides interpretation and guidance about them.
1: For example New Zealand is ranked:
2: The 2013 amendment to the State Sector Act extended the coverage of the code to individuals working as contractors or secondees in relation to a function, duty, or power of the agency
3: State Sector Act 1988, section 57
4: The State Sector Act defines this group of people as Ministerial Staff. Ministerial staff means the employees (including acting, temporary, or casual employees) who are employed on events-based employment agreements by the department that is responsible for the employment of ministerial staff across Minsters’ offices; and to work directly for a Minister in a Minister’s office rather than a department.