Strong legislative foundations

Strong legislative provisions provide the foundation of our Workforce Diversity Strategy. Public Service employers are bound by specific requirements in the Public Service Act 2020 to make merit-based appointments and to be good employers. These specific provisions sit alongside the requirements of our broader employment and Human Rights legislation, including the Equal Pay Act 1972 which prohibits gender-based discrimination in employment and binds public sector employers in relation to Pay Equity claims.

Pay Equity – MBIE.govt.nz

In combination these provisions create a clear framework that supports fairness, integrity, and equal opportunity across government organisations.

Making merit-based appointments helps us recruit, attract and select the best people to work in the Public Sector, building a workforce that has the experience and expertise to improve the lives of all New Zealanders. It is also critical to maintaining public trust in the professionalism and political neutrality of the Public Service. 

This means if we have a role in employee recruitment, promotion and selection, we must:

• identify the skills, responsibilities and effort necessary to perform the role
• ensure appointments are made through a fair, open and contestable process, and are free from patronage, favouritism or prejudice, and
• follow our organisation’s internal policies and ensure independence, confidentiality, fairness and transparency in the appointment or promotion process.

Guidance: Public Service Principles – Merit-based appointments

Taking a merit-based approach to all employment decisions, not just recruitment, promotion and selection, helps us meet our legislative obligations under section 73 of the Public Services Act 2020 to be good employers. 

This means that across all employment decisions, including development, progression and pay, we must identify the full range of skills, experience and thinking required for each role and ensure all our employment policies and practices are designed to support robust and fair decisions. 

We can also build trust among employees that all employment decisions are based on merit by: 

• maintaining respectful and inclusive workplaces where everyone can do their best work
  
  Model standards: Positive and safe workplaces
• collecting and reporting workforce data and employee feedback and being transparent about employment policies. 

Guidance: Making merit-based employment decisions

Section 73 of the Public Service Act 2020 requires Public Service Chief Executives to be good employers. This sets the basis for fair and proper treatment of all public servants. It means having employment policies that provide for:

• impartial selection of people for appointment
• good and safe working conditions
• equal employment opportunities programmes
• opportunities for employees to develop
• recognition of the importance of:
  • the aspirations of Māori and greater involvement of Māori in the Public Service
  • the employment requirements of different groups of people, including women, people with disabilities, ethnic and minority groups
  • achieving pay equity between female and male employees
  • making bias-free remuneration decisions.

Section 118 of the Crown Entities Act 2004 includes similar good employer provisions.