State Services Commissioner
Encyclopedia
The State Services Commissioner is the chief executive of New Zealand
's State Services Commission
and has a range of responsibilities for the Public Service, the State Services and the wider state sector
. The position has previously been known as the Public Service Commissioner, Chairman of the Public Service Commissioner, Chairman of the State Services Commission, and Chief Commissioner of the State Services Commission. The current State Services Commissioner is Iain Rennie
.
The Commissioner has a statutory duty to act independently of Ministerial direction, except in matters concerning the appointment and dismissal of Departmental chief executives.
Regarding the appointment of Departmental chief executives, the Commissioner plays a key role. The Commissioner is responsible for:
The Governor-General in Council may override the Commissioner's recommendation by appointing a different person to the vacant executive post.
A chief executive may not be appointed for any longer than five years. Under the State Services Act, the Commissioner negotiates terms and conditions of employment with each Departmental chief executive, subject to the approval of the Prime Minister and the Minister of State Services. The Commissioner may also recommend that a given chief executive be reappointed when the executive's contract expires, though the Government is free to ignore such a recommendation.
The Commissioner is empowered, with the agreement of the Government, to dismiss a Departmental chief executive, "for just cause or excuse". That is, the Government is by law forbidden from firing any chief executive or instructing a Commissioner to do so, but has the power to retain a chief executive against the Commissioner's advice.
The appointment and dismissal procedures and the term of office are set forth in the State Sector Act 1988, as amended from time to time. Section 3 of the Act specifies that the Commissioner is to be appointed by the Governor-General in Council on the recommendation of the Prime Minister
. Section 13 limits the term of office to five years, though this term may be further reduced in the Order in Council in which the appointment is made.
Section 17 of the Act lists a small number of circumstances in which the Commissioner is deemed to have resigned. Otherwise, the Commissioner is well protected. The Governor-General has no power to dismiss the Commissioner. The Governor-General may suspend the Commissioner under Section 16 for misbehaviour or incompetence, but must then explain why to the House of Representatives
within seven sitting days; and even then the Commissioner is safe in his position unless the House resolves within three weeks after receiving the Governor-General's explanation to remove him or her from office. Otherwise, the Commissioner is restored to office.
was widely considered to be inefficient and wasteful. The incoming MacKenzie
administration launched the Hunt Commission on the civil service
. The Hunt Commission recommended the establishment of a Board of Management under Cabinet
to have 'absolute and undisputed power' in 'all matters relating to the control and management of the Service - ... appointments, salaries, promotion, suspensions, dismissals, and indeed everything affecting officers - '.
reverted back to having a single State Services Commissioner, adding the position of Deputy State Services Commissioner. Ministers were granted some role in the appointments of departmental chief executives. There was some concern at the time that this would revert the system to a pre-1912 state.
Following the Review of the Centre in 2001, the State Sector Amendment Act (No 2) 2004 and the Crown Entities Act 2004
extended the role of the Commissioner beyond the Public Service to the wider State Services (such as Crown entities, but not Crown Research Institutes
), and beyond State Services to the wider state sector.
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
's State Services Commission
State Services Commission
The State Services Commission , formerly the Public Service Commission, is a central government agency within the New Zealand government. The current State Services Commissioner is Iain Rennie...
and has a range of responsibilities for the Public Service, the State Services and the wider state sector
State sector organisations in New Zealand
Public sector organisations in New Zealand include the State sector plus the organisations of local government.Within the State sector lies the State services, and within this, lies the core Public service....
. The position has previously been known as the Public Service Commissioner, Chairman of the Public Service Commissioner, Chairman of the State Services Commission, and Chief Commissioner of the State Services Commission. The current State Services Commissioner is Iain Rennie
Iain Rennie
Iain Rennie is the State Services Commissioner of the New Zealand public service. He was the Deputy State Services Commissioner from 2007 until June 2008...
.
The modern role of the State Services Commissioner
The State Services Commissioner plays a central role in New Zealand's public service. One of the Commissioner's most visible roles is in the employment, supervision and dismissal of senior executives in individual Government departments; by preventing Ministers of the Crown from becoming personally involved in employment decisions, this acts as a safeguard against politicisation of the public service. The Commissioner also has power to issue codes of conduct for parts of the public service, to investigate Government departments, and to advise the Government on the organisation of the public service.The Commissioner has a statutory duty to act independently of Ministerial direction, except in matters concerning the appointment and dismissal of Departmental chief executives.
Regarding the appointment of Departmental chief executives, the Commissioner plays a key role. The Commissioner is responsible for:
- Notifying the responsible Minister or Ministers of the vacancy;
- Advertising the position;
- Assembling an interviewing panel which includes, at minimum, the Commissioner and his or her Deputy; the Commissioner may invite others in consultation with the Minister;
- Recommending the preferred candidate to the Minister, who will then refer the recommendation to the Governor-General in Council.
The Governor-General in Council may override the Commissioner's recommendation by appointing a different person to the vacant executive post.
A chief executive may not be appointed for any longer than five years. Under the State Services Act, the Commissioner negotiates terms and conditions of employment with each Departmental chief executive, subject to the approval of the Prime Minister and the Minister of State Services. The Commissioner may also recommend that a given chief executive be reappointed when the executive's contract expires, though the Government is free to ignore such a recommendation.
The Commissioner is empowered, with the agreement of the Government, to dismiss a Departmental chief executive, "for just cause or excuse". That is, the Government is by law forbidden from firing any chief executive or instructing a Commissioner to do so, but has the power to retain a chief executive against the Commissioner's advice.
Appointment, Dismissal and Term of Office
The position of State Services Commissioner is one of the few positions in New Zealand's public service where Ministers are directly involved.The appointment and dismissal procedures and the term of office are set forth in the State Sector Act 1988, as amended from time to time. Section 3 of the Act specifies that the Commissioner is to be appointed by the Governor-General in Council on the recommendation of the Prime Minister
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
. Section 13 limits the term of office to five years, though this term may be further reduced in the Order in Council in which the appointment is made.
Section 17 of the Act lists a small number of circumstances in which the Commissioner is deemed to have resigned. Otherwise, the Commissioner is well protected. The Governor-General has no power to dismiss the Commissioner. The Governor-General may suspend the Commissioner under Section 16 for misbehaviour or incompetence, but must then explain why to the House of Representatives
New Zealand House of Representatives
The New Zealand House of Representatives is the sole chamber of the legislature of New Zealand. The House and the Queen of New Zealand form the New Zealand Parliament....
within seven sitting days; and even then the Commissioner is safe in his position unless the House resolves within three weeks after receiving the Governor-General's explanation to remove him or her from office. Otherwise, the Commissioner is restored to office.
Deputy Commissioner
The State Sector Act establishes the position of Deputy State Services Commissioner, who is appointed on the same terms and conditions as the Commissioner.History of the role
At the end of the first decade of the twentieth century, New Zealand's public sectorPublic sector
The public sector, sometimes referred to as the state sector, is a part of the state that deals with either the production, delivery and allocation of goods and services by and for the government or its citizens, whether national, regional or local/municipal.Examples of public sector activity range...
was widely considered to be inefficient and wasteful. The incoming MacKenzie
Thomas Mackenzie
Sir Thomas Noble Mackenzie GCMG was a Scottish-born New Zealand politician and explorer who briefly served as the 18th Prime Minister of New Zealand in 1912, and later served as New Zealand High Commissioner in London....
administration launched the Hunt Commission on the civil service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
. The Hunt Commission recommended the establishment of a Board of Management under Cabinet
New Zealand Cabinet
The Cabinet of New Zealand functions as the policy and decision-making body of the executive branch within the New Zealand government system...
to have 'absolute and undisputed power' in 'all matters relating to the control and management of the Service - ... appointments, salaries, promotion, suspensions, dismissals, and indeed everything affecting officers - '.
Public Service Act 1912
The Hunt Commission and its recommendations lead to the Public Service Act 1912 and the role of the Public Service Commissioner. The Act and the new Commissioner removed Ministers' direct involvement in appointments and personnel administration, separating the 'political' and 'administrative' functions, both in conduct of the Government's business and in management of the Public Service itself.State Services Act 1962
The State Services Act 1962 replaced the Public Service Commissioner with a multi-member Commission comprising a Chairman and Commissioner. This point also marked a culture change towards a focus on political neutrality.State Sector Act 1988
The State Sector Act 1988State Sector Act 1988
The State Sector Act 1988 defines what constitutes the State sector organisations in New Zealand. It substantially reshaped the shape of the Public service and to some extent its culture. It grants Ministers some role in the appointments of departmental chief executives.-External links:*...
reverted back to having a single State Services Commissioner, adding the position of Deputy State Services Commissioner. Ministers were granted some role in the appointments of departmental chief executives. There was some concern at the time that this would revert the system to a pre-1912 state.
Following the Review of the Centre in 2001, the State Sector Amendment Act (No 2) 2004 and the Crown Entities Act 2004
Crown Entities Act 2004
The Crown Entities Act 2004 is a New Zealand statute which provides the framework for the establishment, governance, and operation of Crown entities and to clarify accountability relationships between Crown entities, their board members, their responsible Ministers on behalf of the Crown, and the...
extended the role of the Commissioner beyond the Public Service to the wider State Services (such as Crown entities, but not Crown Research Institutes
Crown Research Institutes
In New Zealand, Crown Research Institutes are corporatised Crown entities charged with conducting scientific research.Crown Research Institutes date from 1992, with most formed out of the parts of the former Department of Scientific and Industrial Research and of elements of various government...
), and beyond State Services to the wider state sector.
List of past State Services Commissioners
| Name | Took Office | Left Office | Title |
|---|---|---|---|
| Donald Robertson ISO | 1913 | 1919 | Public Service Commissioner |
| William R. Morris William R. Morris William Russell Morris CMG ISO was the second Public Service Commissioner in New Zealand. He was born in Dublin, and joined the New Zealand Post Office in 1875. He was awarded the ISO in 1917 and the CMG in 1919.... CMG ISO |
1920 | 1923 | Public Service Commissioner |
| Paul D. N. Verschaffelt Paul Verschaffelt Paul Desiré Nestor Verschaffelt CMG was born in Napier, New Zealand on 21 May 1887. He was a barrister, solicitor, and the third Public Service Commissioner in New Zealand.-Career:... CMG |
1923 | 1935 | Public Service Commissioner |
| Thomas Mark Thomas Mark Thomas Mark was the fourth Public Service Commissioner in New Zealand. He was a conservative in favour of a non-political public service. In 1936 the Labour government would have preferred John H. Boyes to Thomas Mark, the logical appointment as Public Service Commissioner, so appointed Boyes and... |
1936 | 1941 | Public Service Commissioner |
| John H. Boyes John H. Boyes John Henry Boyes CMG was the fifth Public Service Commissioner in New Zealand.He was chairman of the Social Security Commission, in between his terms as Public Service Commissioner . In 1936 the Labour government would have preferred Boyes to Thomas Mark as Public Service Commissioner, so... CMG |
1936 | 1938 | Public Service Commissioner |
| John H. Boyes John H. Boyes John Henry Boyes CMG was the fifth Public Service Commissioner in New Zealand.He was chairman of the Social Security Commission, in between his terms as Public Service Commissioner . In 1936 the Labour government would have preferred Boyes to Thomas Mark as Public Service Commissioner, so... CMG |
1941 | 1946 | Public Service Commissioner |
| Richard M. Campbell CMG | 1946 | 1953 | Chairman of the Public Service Commission |
| George T. Bolt George T. Bolt George Thomas Bolt CMG was a Chairman of the Public Service Commissioner in New Zealand from 1953 to 1958. He was Secretary of the Commission from 1936, and Assistant Commissioner from 1944.... CMG |
1953 | 1958 | Chairman of the Public Service Commission |
| Leonard A. Atkinson Leonard A. Atkinson Leonard Allan Atkinson was a Chairman of the Public Service Commission and Chairman of the State Services Commission in New Zealand. He served for eight consecutive years.-References:... |
1958 | 1962 | Chairman of the Public Service Commission |
| Leonard A. Atkinson Leonard A. Atkinson Leonard Allan Atkinson was a Chairman of the Public Service Commission and Chairman of the State Services Commission in New Zealand. He served for eight consecutive years.-References:... |
1963 | 1966 | Chairman of the State Services Commission |
| Adrian G. Rodda Adrian G. Rodda Adrian George Rodda CMG was a senior New Zealand civil servant.He was born in Wellington, and educated at Johnsonville School, Wellington College and Victoria University College.... CMG |
1967 | 1970 | Chairman of the State Services Commission |
| Ian G. Lythgoe Ian G. Lythgoe Ian Gordon Lythgoe CB was a Chairman of the State Services Commission in New Zealand. He was an accountant.-References :... CB |
1971 | 1974 | Chairman of the State Services Commission |
| Dr. Robin M. Williams Robin M. Williams Robin M. Williams, CB, CBE was a Chairman of the State Services Commission in New Zealand, and a vice-chancellor at the University of Otago.Williams has a MA and a PhD degree, and an honorary LLD degree.... CB. CBE. MA. PHD HONLLD |
1975 | 1981 | Chairman of the State Services Commission |
| Dr. Mervyn Probine Mervyn Probine Mervyn Charles Probine, CB, FRSNZ was Chairman of the State Services Commission in New Zealand.Dr Probine joined the DSIR as a draughtsman in 1942. He obtained a PhD in physics from the University of Leeds... CBE Order of the British Empire The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions... -MSC Master of Science A Master of Science is a postgraduate academic master's degree awarded by universities in many countries. The degree is typically studied for in the sciences including the social sciences.-Brazil, Argentina and Uruguay:... PHD Doctor of Philosophy Doctor of Philosophy, abbreviated as Ph.D., PhD, D.Phil., or DPhil , in English-speaking countries, is a postgraduate academic degree awarded by universities... (LDS) FIP FRSNZ Royal Society of New Zealand The Royal Society of New Zealand , known as the New Zealand Institute before 1933, was established in 1867 to co-ordinate and assist the activities of a number of regional research societies including the Auckland Institute, the Wellington Philosophical Society, the Philosophical Institute of... . |
1981 | 1985 | Chairman of the State Services Commission |
| Dr. Roderick Deane Roderick Deane Roderick Sheldon "Rod" Deane is a New Zealand economist, public sector reformer, and businessman. He has served as Deputy Governor of the Reserve Bank of New Zealand, and as CEO and chairman of the country's largest telecommunications company, Telecom New Zealand.-Education:Deane grew up in... |
1985 | 1986 | Chairman of the State Services Commission |
| Don Hunn Don Hunn Donald Kent Hunn CNZM is a senior New Zealand diplomat and civil servant. Hunn is the son of Sir Jack Hunn, a former Secretary of Defence, Maori Affairs, and Justice.-Education:... CNZM New Zealand Order of Merit The New Zealand Order of Merit is an order established in 1996 "for those persons who in any field of endeavour, have rendered meritorious service to the Crown and nation or who have become distinguished by their eminence, talents, contributions or other merits."The order includes five... |
1986 | 1987 | Chairman of the State Services Commission |
| Don Hunn Don Hunn Donald Kent Hunn CNZM is a senior New Zealand diplomat and civil servant. Hunn is the son of Sir Jack Hunn, a former Secretary of Defence, Maori Affairs, and Justice.-Education:... CNZM New Zealand Order of Merit The New Zealand Order of Merit is an order established in 1996 "for those persons who in any field of endeavour, have rendered meritorious service to the Crown and nation or who have become distinguished by their eminence, talents, contributions or other merits."The order includes five... |
1988 | 1988 | Chief Commissioner of the State Services Commission |
| Don Hunn Don Hunn Donald Kent Hunn CNZM is a senior New Zealand diplomat and civil servant. Hunn is the son of Sir Jack Hunn, a former Secretary of Defence, Maori Affairs, and Justice.-Education:... CNZM New Zealand Order of Merit The New Zealand Order of Merit is an order established in 1996 "for those persons who in any field of endeavour, have rendered meritorious service to the Crown and nation or who have become distinguished by their eminence, talents, contributions or other merits."The order includes five... |
1989 | 1997 | State Services Commissioner |
| Michael Wintringham Michael Wintringham Michael Charles Wintringham CNZM is a New Zealand public servant. He served as State Services Commissioner, head of New Zealand's public service, from 1997 to 2004.... |
1997 | 2004 | State Services Commissioner |
| Dr. Mark Prebble Mark Prebble Mark Prebble CNZM is a former New Zealand civil servant. He was the State Services Commissioner, head of New Zealand's public service from May 2004 until 30 June 2008... CNZM New Zealand Order of Merit The New Zealand Order of Merit is an order established in 1996 "for those persons who in any field of endeavour, have rendered meritorious service to the Crown and nation or who have become distinguished by their eminence, talents, contributions or other merits."The order includes five... |
2004 | 2008 | State Services Commissioner |
| Iain Rennie Iain Rennie Iain Rennie is the State Services Commissioner of the New Zealand public service. He was the Deputy State Services Commissioner from 2007 until June 2008... |
2008 | Present | State Services Commissioner |
External links
- History of the Office of State Services Commissioner, State Services Commission