Core State sector legislation

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This document lists the core legislation applying to the State sector organisations listed on the web page New Zealand's State sector- the organisations. 

Use the 'Contents' list on the left of this page to read a summary of each Act.

Crown Entities Act 2004

The Crown Entities Act 2004 came into force on 25 January 2005.  It is an “umbrella” Act covering all Crown entities, and it fits with individual entities’ empowering Acts.  The Crown Entities Act prevails over entities’ Acts in the event of any conflict, unless the entity’s Act expressly provides otherwise.  School Boards of Trustees and Tertiary Education Institutions are exceptions.  Only a small number of provisions from the Crown Entities Act apply to them and they are listed in Schedules to the Act, and in the Education Act 1989.

The main purposes of the Crown Entities Act are to:

  • Provide a consistent framework for the establishment, governance, and operation of Crown entities.

  • Clarify accountability relationships between Crown entities, their board members, their responsible Ministers on behalf of the Crown, and the House of Representatives.

The Act provides for different categories of Crown entities and for each category to have its own framework for governance.  This includes tailored provisions on appointment and removal of board members, and on whether the entities will be required to have regard to or give effect to government policy.  

The Act also clarifies the powers and duties of board members regarding the governance and operation of Crown entities, and they have duties such as to ensure the financial responsibility of the Crown entity.  

Reporting and accountability requirements are in Part 4 of the Act, which is administered by Treasury.  The rest of the Act is administered by the State Services Commission.

View the Crown Entities Act 2004 online at:
www.legislation.govt.nz/act/public/2004/0115/latest/contents.html

Human Rights Act 1993

The Human Rights Act 1993 consolidates and amends the provisions of the Race Relations Act 1971 and the Human Rights Commission Act 1977.

The Human Rights Act 1993 came into force on 1 February 1994. The Act continues the Human Rights Commission established in 1977 and  promotes the advancement of human rights in New Zealand in accordance with the UN International Covenants or Conventions on Human Rights.

Under the Act, it is unlawful to discriminate on the grounds of sex, religious belief, ethical belief, colour, race, ethnic or national origin, disability, age, political opinion, employment status, marital status, family status and sexual orientation in matters of access to public places, vehicles, and facilities, provision of goods and services, education, employment, and accommodation.

View the Human Rights Act 1993 online at:
www.legislation.govt.nz/act/public/1993/0082/latest/contents.html

NZ Bill of Rights Act 1990

The NZ Bill of Rights Act 1990 sets out to affirm, protect and promote human rights and fundamental freedoms in New Zealand and to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights.

The Act sets out rights and freedoms that apply in New Zealand and applies to acts done by:

  1. 1. the legislative, executive and judicial branches of government; or

  2. 2. by a person or body performing a public function, power or duty conferred or imposed by or pursuant to law.

View the NZ Bill of Rights Act 1990 online at:
www.legislation.govt.nz/act/public/1990/0109/latest/contents.html

Official Information Act 1982

The Official Information Act 1982 makes official information more freely available. Its purpose is to increase the availability of official information to the people of NZ to enable  their more effective participation in 'the making and administration of laws and policies'; to promote the accountability of Ministers of the Crown and officials so as to enhance good government; to provide for proper access by each person to official information about that person; and to protect official information to the extent consistent with the public interest and the preservation of personal privacy.

The main principle governing release of official information is that 'information shall be made available unless there is good reason for withholding it'. The Act defines the grounds on which information can be withheld. The Act applies to information held by departments of the Public Service and certain other agencies of the State. With the enactment of the Privacy Act 1993, requests made by or on behalf of a natural person for access to information about that person fall within the provisions of the Privacy Act. The Ombudsman has the power to review certain decisions made by departments or agencies under the Official Information Act.

View the Official Information Act 1982 online at:
www.legislation.govt.nz/act/public/1982/0156/latest/contents.html

Protected Disclosures Act 2000

The Protected Disclosures Act 2000 promotes the public interest by facilitating disclosure and investigation of serious wrongdoing in or by an organisation and by protecting employees who, under the Act, make disclosures about such wrongdoing.

View the Protected Disclosure Act 2000 online at:
www.legislation.govt.nz/act/public/2000/0007/latest/contents.html

Public Finance Act 1989

The Public Finance Act 1989 provides the legal framework for the financial management system of the Government. It controls the financial activity of the Government and the manner in which Parliament keeps a watch on the executive's expenditure of public money. It provides the basis for the appropriation and management of public resources. It prescribes the reporting requirements for the Crown, departments, and Crown entities.

The Act is one of the bases of State sector management reform in New Zealand: it shifted departmental financial and resource management to a new footing. The Act defines 'outputs', which are the goods or services supplied by a department, Crown entity, Office of Parliament, or other person or body.  It includes goods or services that the department (etc) has agreed or contracted to supply on a contingent basis, but that have not been supplied.  The Act defines 'outcome'.  This means a state or condition of society, the economy, or the environment, and includes a change in that state or condition.

The Act was substantially amended in 2004, in the same Bill containing the Crown Entities Bill and the State Sector Amendment (no.2) Bill.  The Bills were split off into their individual Acts at the Committee stage of the House.  The Public Finance Amendment repealed the Fiscal Responsibility Act 1994 and now the Public Finance Act includes those provisions.  The Amendment came into force on 25 January 2005.

View the Public Finance Act 1989 online at:
www.legislation.govt.nz/act/public/1989/0044/latest/contents.html

Public Records Act 2005

The Public Records Act 2005 (Act) came into force on 21 April 2005. It was enacted to support the effective management of records in the public sector; the recordkeeping practices of public offices and local authorities; as well as the long-term preservation of public archives.

The Act sets the framework for creating and managing information in government. It applies to physical and digital records including records held in business systems and email accounts. The purpose of the Act is to promote government accountability through reliable recordkeeping, enhance public confidence in the integrity of government records and protect New Zealand’s documentary heritage.

The Act covers the wider State sector and applies to all public offices and local authorities. Public Offices include all government departments, Crown entities, Crown research institutes, State enterprises, district health boards, tertiary institutions and State schools. Local Authorities include all regional councils and territorial authorities, council controlled organisations and trading organisations, and local government organisations, as defined by section 5(1) of the Local Government Act 2002.

Responsibilities of organisations covered by the Act are:

  1. 1. To create and maintain records

  2. 2. To dispose of public records only as authorised by the Chief Archivist or otherwise by law

  3. 3. To transfer archival records to Archives New Zealand

  4. 4. To classify the access status of all records.

Additional information about the Act can be found at:
http://archives.govt.nz/advice/public-records-act-2005

View the Act online at: http://legislation.govt.nz/act/public/2005/0040/latest/DLM345529.html

State-Owned Enterprises Act 1986

The State-Owned Enterprises Act 1986 set up State-owned enterprises (SOEs) to improve efficiency in government trading operations, such as telecommunications, postal services, railways, electricity and broadcasting. In many cases, the establishment of SOEs has been followed by the sale of business assets.

SOEs have the principal objective of operating as successful businesses. All SOEs are registered as public companies and are bound by the provisions of the Companies Act. Chief executives of SOEs are accountable to their respective boards, and boards are accountable to the shareholding ministers for the performance of the SOEs. The Crown Company Monitoring and Advisory Unit (CCMAU), an independent unit administered by Treasury, provides advice to shareholding Ministers in their role in holding boards to account. The majority of SOEs operate in deregulated markets and are on equal terms with the private sector. SOEs are listed in the first schedule to the Act.

Until January 2005, the SOE Act required SOEs to consult the State Services Commissioner over the terms and conditions to be included in the collective agreement before entering into it.  The Commissioner now no longer has this role, unless the Governor-General by Order in Council provides for this, in relation to a particular SOE listed in the Second Schedule to the SOE Act.

View the State-Owned Enterprises Act 1986 online at:
www.legislation.govt.nz/act/public/1986/0124/latest/contents.html

State Sector Act 1988

The State Sector Act 1988 has been pivotal in reforming State sector management in New Zealand.

As set out in the long title to the Act, the main purposes are to: ensure that employees are imbued with the spirit of service to the community; promote efficiency in the State Services and other agencies; ensure responsible management; maintain appropriate standards of integrity and conduct among employees in the State Services and other agencies; ensure that every employer in the State Services is a good employer; promote equal employment opportunities (EEO); and provide for the negotiation of conditions of employment in the State Services and other agencies.

The Act creates the statutory positions of State Services Commissioner and Deputy State Services Commissioner.  It sets out the statutory functions and powers of the State Services Commissioner in relation to the Public Service, the wider State Services, and other agencies of government.  The statutory functions include:

  • Reviewing the machinery of government across all areas of government

  • Reviewing the performance of each Public Service department (listed in the First Schedule to the Act), and that of its chief executive

  • Appointing chief executives of departments and reviewing their performance

  • Promoting and developing senior leadership and management capability for the Public Service

  • Negotiating conditions of employment for employees in the Public Service

  • Promoting and developing personnel policies and standards of personnel administration for Public Service

  • Promoting, developing, and monitoring equal employment opportunities, policies and programmes for the Public Service

  • Providing advice on the training and career development of staff in the Public Service

  • Providing advice and guidance to employees within the State Services (except Crown Research Institutes) on matters or at times, that affect the integrity and conduct of employees within the State Services

  • Providing advice on management systems, structures, and organisations in the Public service and Crown entities

  • Exercising such other functions with respect to the administration and management of the Public Service as the Prime Minister directs.

Each departmental chief executive, under the Act, is responsible to the appropriate Minister for: carrying out the functions and duties of the department (including those imposed by Act or by government policy); providing advice to Ministers; the good conduct of the department; and the efficient, effective and economical management of the activities of the department.

The Act gives most employer responsibilities to individual chief executives. The personnel responsibilities of chief executives, include 'good employer' and EEO responsibilities, and the duty to act independently of Ministers in 'matters relating to decisions on individual employees'.

Section 57 gives the Commissioner authority to issue codes of conduct by the Commissioner covering minimum standards of integrity and conduct in the Public Service, Crown entities, the Parliamentary Service, and Parliamentary Counsel Office.  The Commissioner has specific powers in relation to setting code standards and investigating alleged breaches of those standards, set out in Part 5 of the Act.

View the State Sector Act 1988 online at:
www.legislation.govt.nz/act/public/1988/0020/latest/contents.html

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