Published May 2021, amended by decision of the executive board in April 2021.
The regulations of the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi are adopted by the executive board in accordance with rule 7(2) of the rules of the PSA and following consultation with the sector committees and the Committee of Te Rūnanga o Ngā Toa Āwhina.
(1) These are the regulations of the New Zealand Public Service Association: Te Pūkenga Here Tikanga Mahi (the “PSA”), adopted by the executive board in accordance with rule 7(2) of the rules of the PSA and following consultation with the sector committees and the Committee of Te Rūnanga o Ngā Toa Āwhina.
(2) Nothing in these regulations may be inconsistent with the rules of the PSA.
(1) This regulation concerns the application of rule 9 “Election Principles”.
(2) In accordance with rule 9(1)(a) a candidate for election at any level within the PSA must be a full member and be nominated and seconded by two full members. Ideally such nomination will be in writing and in advance, but nominations may be accepted from the floor of a meeting held for the purpose of holding an election, provided that no nominations have been received by the formal closing time for nominations. If only one nomination has been received by the closing time for nominations they will be declared elected in accordance with rule 9(1)(f).
(3) In accordance with rule 9(1)(b) adequate time should be allowed between the calling of the elections and the closing time for nominations. The intent of this rule is to ensure that no potential candidate should miss out on the opportunity to stand by reason of overly strict timeframes for elections. “Adequate time” means time enough for the notice of the election to be circulated to all those entitled to vote and for those interested to get a nominator and seconder and submit a written nomination. It is dependent on the practicalities that might apply to any given election and should reflect such things as the number of workplaces in and the geographical spread of the constituency, access to e-mail and the number of those entitled to vote. As a guide this period should be not less than ten (10) working days.
(4) In accordance with rule 9(1)(c) adequate time should be allowed between the closing date for nominations and the elections. The intent of this rule is to ensure that those entitled to vote are made aware of who the candidates are. “Adequate time” means time enough for the nominations to be advised to all those entitled to vote subject to the practical considerations set out in regulation 2.3. As a guide this period should be not less than five (5) working days.
(5) In accordance with rule 9(1)(d) nominations need to be sent to a returning officer, or chairperson in charge of the election process, who is not a candidate in the election. Someone needs to be appointed to this role by the relevant part of the governance structure – that is, the appropriate delegate committee, the sector committee, the sector rūnanga representatives, the Committee of Te Rūnanga o Ngā Toa Āwhina or the executive board. The person appointed must be either a member or a staff member of the PSA.
(1) The intention of rule 10 on decision making and meeting procedures to allow a degree of informality and flexibility in proceedings of PSA meetings while ensuring some minimum standards are adhered to.
(2) Consensus requires the agreement of all those attending a meeting and entitled to vote. Guidance on how consensus decision-making should work within the PSA is contained in the operating manual. It shall be the responsibility of the chair of the meeting to ascertain whether consensus has been achieved.
(3) A member may exercise any right to vote either by being present in person, or by proxy with the approval of the secretariat (which authority may be delegated). A proxy must be appointed by notice in writing signed by the member entitled to vote and the notice must state whether the appointment is for a particular meeting. No proxy is effective in relation to a meeting unless a copy of the notice of appointment is produced before the start of the meeting.
(1) In accordance with rule 15(1)(a) the different categories of members of the PSA are entitled to the following services and benefits of membership, subject to any strategic, policy or operational priorities decided by the executive board or secretariat:
(a) Full members – services for full members include collective and individual representation consistent with the vision and objects of the PSA, and all the general services of the PSA.
(b) Associate members are entitled to receive the PSA Journal and any benefits provided through PSA Plus, and may receive other relevant publications of the PSA.
(c) Honorary life members are entitled to receive the PSA Journal and any benefits provided through PSA Plus, and may receive other relevant publications of the PSA.
(d) Student members are entitled to receive the PSA Journal and any benefits provided through PSA Plus, and may receive other relevant information and publications of the PSA. Advice to student members engaged in employment which is incidental to their studies may also be made available via the Te Roopu Tohutohu Manaaki, the PSA’s member advice and support centre, on terms and conditions decided by the secretariat.
(1) Process for nominations
(a) Nominations for honorary life membership may be made by any member, or any formally recognised membership structure, by forwarding the nomination to the executive board according to the timeframe set out in the official notice calling for nominations and notices of motion for the national delegates’ congress.
(b) The executive board will consider any nominations and, if it decides to accept a nomination, will place its recommendations on the agenda for Congress.
(2) Guidelines to assess nominations for honorary life membership
Honorary life membership is a special and therefore infrequently awarded honour. The executive board will use the following guidelines to assess nominations:
(a) Length of membership – life members should be or have been members of the PSA for an extended period, of at least ten (10) years.
(b) Nature of office held – life members should have held office in the PSA, either as an employee or as an elected official. This office will usually be at a national level, but workplace and enterprise delegates will be considered.
(c) The scope of the member’s contribution – it is expected that the contribution has had union-wide or national impact, or has been exceptional in some other way.
(d) The significance of the contribution - the contribution needs to be above and beyond the expected duties of the office. For example, demonstrated leadership during a particularly difficult time, or producing significant gains for members in the industrial, economic, political or social fields over a period of time.
(e) Honorary life membership would not ordinarily be awarded to a staff member while still in the employment of the PSA.
(1) Under rule 24(1) an enterprise delegate committee can decide the number of delegates within an enterprise or workplace. This should be read in conjunction with rule 2(1)(b) that defines “constituency”.
(2) In identifying the constituencies and number of delegates in an enterprise the enterprise delegate committee should ensure that:
(a) every workplace has representation (which does not require there to be a delegate in every workplace);
(b) the needs of groups who might work across more than one workplace, such as occupational groups or managers, are accommodated;
(c) they consider the relative numbers of members in each constituency.
(3) Should the number of delegate positions created exceed the number eligible for time release, travel, or any other funding as may have been agreed by the employer, then the PSA is not obliged to provide any funding to support those delegates.
(1) This Rule 25(2) specifies that workplace delegates shall usually be elected at annual members’ meetings held in workplaces, but enables alternative forms of elections to be held where the preferred process is impracticable.
(2) Options available for workplace delegate and enterprise delegate committee elections are:
(a) election, by secret ballot, at a special meeting of members in that workplace, called for that purpose;
(b) election by secret ballot where the ballot box is circulated around workplaces;
(c) election by postal ballot, where costs involved have been approved;
(d) election by e-mail, where both access and a secret ballot can be assured;
(e) election by any other means, approved by the secretariat, where all those entitled to vote are able to vote and the ballot is secret.
(3) Under rule 25(3), where a vacancy occurs in the course of a two year term a by-election may be held at a meeting of members or by some other method approved by the secretariat under rule 25(2) and regulation 7.2. When only one nomination has been received at the closing date for nominations then no meeting, or other form of election, need be held and the sole candidate shall be declared elected.
(1) Enterprise delegate committees may be called by other titles appropriate to the enterprise, such as national delegates committee or delegates committee.
(2) The overriding principle concerning the structure of the enterprise delegate committee is that it should be appropriate for the enterprise concerned, subject to rule 27. The following is offered as guidance only.
(a) As provided in regulation 6 delegates may represent both workplaces and other groups within an enterprise. An enterprise committee should reflect the constituencies within the enterprise.
(b) The enterprise delegate committee could also provide for a range of roles to be allocated among the committee members in addition to the two provided for in rule 27(4). Examples include a secretary, a women’s representative or a person responsible for equal employment opportunities.
(c) Other positions provided for in statute or under other authority could also sit as ex officio members of the enterprise delegate committee, such as health and safety officers and learning representatives.
(1) Where no annual members’ meeting is held, because an exemption has been granted by the secretariat under rule 28(1), the enterprise delegate committee should develop other appropriate means to ensure that the functions of the annual members’ meeting are fulfilled. For example, to find a way in which members can provide guidance about the strategy of the PSA in that enterprise.
(1) Rule 31(2) establishes that the current sectors of the PSA are the public service Rātonga mahi ā te Kāwanatanga, state sector Rāngai Tūmatanui, district health boards Pōari Hauora ā Rohe, community public service Rātonga Mahi ā Hāpori and local government Kāwanatanga-ā-Rohe. For the purposes of allocating enterprises to sectors the following descriptors apply:
a) Public Service Rātonga mahi ā te Kāwanatanga - comprising all public service and non-public service departments, and offices of parliament;
b) State Sector Rāngai Tūmatanui - comprising: crown entities; state owned enterprises; Public Finance Act 4th Schedule organisations; any private organisation engaging in commercial activities, including those that were previously provided by the state; and any wholly or partially owned subsidiary entities or joint ventures of the above organisations;
c) District Health BoardsPōari Hauora ā Rohe - DHBs or any publicly owned organisation established to replace the district health boards, and any wholly or partially owned subsidiary entities or joint ventures of the district health boards;
d) Community Public Services Rātonga Mahi ā Hāpori - comprising:
i) non-governmental, not-for-profit, self-governing, voluntary organisations delivering a range of services in the community, including public services funded fully or partially by the state or local government;
ii) private, for-profit organisations delivering community-based public services funded fully or partially by the state or local government.
e) Local Government Kāwanatanga-ā-Rohe - including all local authorities and council controlled organisations, and any other wholly or partially owned subsidiary entities or joint ventures of local authorities.
(1) Rule 32(6) provides for sector committees to decide the number of representatives on the committee, and the constituencies they serve, subject to these regulations and the approval of the executive board. In deciding the number of representatives and the constituencies the committee and the executive board must consider:
(a) What communities of interest exist within the coverage of the sector and how they may be best represented at sector committee level. These communities of interest may be based on such things as geography, the business of the enterprises concerned, or a common industrial focus.
(b) The number of representatives on the sector committee relative to the number of members within the coverage of the sector.
(c) The costs associated with the number of sector representatives.
(d) The number of representatives on other sector committees relative to the number of members within the coverage of those sectors.
(e) The number of members represented by each sector representative.
(f) How rule (5) on gender equity applies to the constituencies.
(2) The constituencies for each sector committee shall be identified in the sector committee procedures.
(1) Each sector committee shall establish a quorum sufficient to enable the committee to conduct its business in a representative manner.
(2) The quorum for each sector committee shall be listed in the sector committee procedures.
(1) Rule 33(1)(g) gives each sector committee the power to establish its own procedures, subject to the approval of the executive board and the provisions of the regulations. These procedures should include the following points:
(a) the constituencies for the sector;
(b) the process for electing sector committee representatives, in accordance with the provisions of rules 5 and 32;
(c) the election of co-convenors in accordance with rule 33(1)(c);
(d) the process for selecting sector delegates to national delegates congress or the annual general meeting in accordance with rules 5, 49 and 59.
(e) a requirement that sector committee representatives must be workplace delegates and hold a leadership role in the PSA in their enterprise.
(2) Sector procedures must comply with the rules and these regulations and when deciding whether or not to approve these procedures the executive board will consider the extent to which they enhance the democracy of the PSA and communication with members, and the transparency with which the business of the sectors is conducted.
(3) The procedures for each sector committee shall be published on the PSA website.
(1) Under rule 43(2)(i) the executive board has the authority to allocate new enterprises to sectors and to transfer an enterprise from one sector to another. In applying this power the board must take into account:
(a) The alignment between the governance arrangements for the enterprise (including the extent to which the government exercises control over it) and those of other enterprises in the relevant sectors;
(b) The alignment with the industrial strategies of the PSA;
(c) Any legislation applying to the enterprise;
(d) The opinion of members in the enterprise;
(e) The opinion of the current sector committee and the proposed sector committee;
(f) Any other matter that the board has good reason to consider as relevant to the decision to transfer.
(1) Rule 35(3) provides for the Hinonga Māngai Māori to be elected by Māori members within an enterprise.
(a) The election must be held in accordance with rule 9 and regulation 2.
(b) All those within the enterprise who have identified themselves as Māori on the membership form shall be entitled to vote.
(c) The rūnanga delegate structures within an enterprise should be part of the general delegate structures within that enterprise. Accordingly they should allow for rūnanga delegates (elected by Māori members) at all points of the structure, as appropriate. The rūnanga delegates in an enterprise will ultimately elect a Hinonga Māngai Māori .
(d) Given the sometimes dispersed nature of Māori membership within some enterprises, consideration should be given to using some of the alternative methods for conducting elections set out in regulation 7.2.
(e) Responsibility for ensuring there is a call for nominations for the position of Hinonga Māngai Māori rests with the enterprise delegate committee and the process should be conducted at the same time, wherever practicable.
The numbers attending sector hui and the practical arrangements are to be managed by the sector māngai, subject to normal budget parameters.
(1) Rule 37(1) establishes sector rūnanga and rules 37(2) and 37(3)(c) empowers the sector hui to appoint three(3) māngai for each sector, but allows the executive board to permit additional māngai to be appointed. The executive board, through these regulations, exercises this power to grant the DHB sector rūnanga (Te Rūnanga Hauora) to select eight māngai (Te Tira Hauora) – two from each of four(4) regions.
(2) Rule 37(2) provides for the sector māngai to be the authorised representatives of Maori members in the sector on the Committee of Te Rūnanga o Ngā Toa Āwhina and the sector committee, provided that only two at a time can attend a meeting of those two bodies.
(a) It is the expectation that the sector māngai will decide a process for deciding who attends which meeting.
(b) In the event that a dispute may arise about how attendance by sector māngai at meetings of the Committee of Te Rūnanga o Ngā Toa Āwhina and sector committee is organised, the matter shall be referred to the Committee of Te Rūnanga o Ngā Toa Āwhina for decision.
(1) Rule 38(6)(f) gives the Committee of Te Rūnanga o Ngā Toa Āwhina the power to establish its own procedures for the operation of the Committee, subject to the approval of the executive board and the provisions of the regulations. These procedures should include the following points:
(a) The provisions for electing sector māngai in accordance with rules 5 and 36(3)(c)
(b) The election of the convenor (tuakana) and deputy convenor (teina) in accordance with rule 38(6)(g)
(c) The process for selecting delegates for Hui Taumata in accordance with rule 39(4)
(d) A requirement that sector māngai must be workplace delegates and hold a leadership role in the PSA in their enterprise.
(1) Where representatives from sectors are to be selected, in accordance with rules 49 and 59, the decision will be made by the sector committee concerned according to a process agreed by each sector committee and listed in Schedule A to these regulations.
(a) Processes developed by sector committees should ensure, as is reasonably possible, that sector delegations are reflective of the sector e.g. they reflect the constituencies of the sector and the gender make up of the sector.
(b) The process needs to be transparent and democratic, so that all those who are interested in attending have the opportunity to be considered.
Rule 56 sets out the timetable for national delegates’ congress, including the deadlines for the circulation of remits. The executive board may consider any remits submitted in accordance with that timetable and provide a report to congress, including recommendations on whether to accept or reject the remits.
(1) Rule 60(4) requires that the election for president shall be conducted by an exhaustive ballot at national delegates congress. An exhaustive ballot requires that the successful candidate must receive a majority of votes cast. Accordingly:
(a) Where there are more than two candidates the candidate with the least votes on the first ballot will be eliminated from the election. This will be repeated in every subsequent ballot until there are only two candidates remaining. In the final ballot the candidate with the majority of votes cast will be declared elected.
(b) Where there are only two candidates only one ballot will be held and the candidate with the majority of votes cast will be declared elected.
(c) Where there is only one candidate they will be declared elected without a ballot.
(1) The following have been established as ongoing clusters in terms of rule 73(4):
(a) The Science Committee, representing members employed in Crown Research Institutes;
(b) The Mental Health Committee, representing members working in mental health services in any sector within the PSA’s coverage.