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.
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