Māori Status in New Zealand Law · Authority Ledger · Part 66 · Public service

Where does a public servant get authority to make a binding decision?

Public servants act through statutory functions, powers conferred on their agency or chief executive, and lawful delegations. Employment by a ministry does not itself confer every power the department can exercise.

The Public Service Act 2020 distinguishes the institution, its chief executive, employees and the powers conferred by other enactments.

Schedule 6 gives public service chief executives powers reasonably necessary to carry out responsibilities imposed by the Act or another enactment. It also authorises chief executives to delegate functions and powers. Ministers may likewise delegate specified functions or powers to chief executives where the statutory framework permits.

Employment is not the source of every official power.An employee cannot lawfully exercise a coercive statutory power merely because they work for the responsible department. The power must be conferred on that person, office or agency, or validly delegated.

Authority holderChief executive, statutory officer, delegate or authorised employee.

SourcesPublic Service Act 2020 + agency-specific legislation + written/statutory delegation.

Delegation ruleDelegated power remains bounded by the original empowering provision and any conditions on delegation.

Māori dimensionThe Public Service Act separately requires the public service to support the Crown in its relationships with Māori under Te Tiriti/Treaty responsibilities; that does not itself enlarge an official's coercive powers.

For any departmental decision, ask: who did Parliament give the power to, and how did this particular official become authorised to exercise it?

Primary statutePublic Service Act 2020, especially ss 11A, 14 and Schedule 6.

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