sec.40Work performance and personal conduct principles

### sec.40 Work performance and personal conduct principles In recognition that public sector employment involves a public trust, the work performance and personal conduct of each public sector employee should be guided by the following principles (the work performance and personal conduct principles )— achieving excellence in service delivery; ensuring the effective, efficient and appropriate use of public resources; giving effect to government policies and priorities; collaborating with other public sector entities with a focus on public sector-wide priorities in addition to priorities specific to particular public sector entities, if appropriate and while recognising the need for independence of particular public sector entities; providing sound and impartial advice to government; continuously improving work performance, including through training and development; carrying out duties impartially and with integrity; acting honestly, fairly and in the public interest; interacting with staff members under the Ministerial and Other Office Holder Staff Act 2010 respectfully, collaboratively and with integrity; observing all laws relevant to the employment; ensuring the employee’s personal conduct does not reflect adversely on the reputation of the public sector entity in which the employee is employed; observing the ethics principles under the Public Sector Ethics Act 1994 , section 4 ; complying with an approved code of conduct and any approved standard of practice as required under the Public Sector Ethics Act 1994 , section 12H or 18 . A public sector manager must take all reasonable steps to ensure each public sector employee under the manager’s management is aware of the following matters— the work performance and personal conduct expected of the employee; the public sector principles; the values of the public sector entity in which the employee is employed; for a public service employee—the values of the public service; what constitutes corrupt conduct under the Crime and Corruption Act 2001 . Also, a public sector manager must— provide working environments in which all public sector employees are— treated fairly and reasonably; and assigned work according to the employee’s responsibilities as reflected in remuneration rates; and consider and give effect to the following matters when undertaking management responsibilities— the public sector principles; the values of the public sector entity in which the employee is employed; if the manager is a public service employee—the values of the public service; and ensure fairness and integrity in performing managerial functions, including when making decisions; and undertake best practice human resource management, including the application of the positive performance management principles in the following ways— pro-actively managing the work performance and personal conduct of public sector employees; constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector; taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and take personal responsibility for development as a manager. A chief executive of a public sector entity has overall responsibility for— ensuring the entity performs its functions in a way consistent with— the main purpose of the Act ; and the ways in which the main purpose of the Act is to be primarily achieved; and the public sector principles; and ensuring managers within the entity perform managerial functions in accordance with the positive performance management principles; and ensuring public sector employees have access to fair and independent reviews and appeals; and ensuring the entity has workforce and human resource planning and practices, including systems for the regular review of employment arrangements for public sector employees. If the chief executive is an accountable officer under the Financial Accountability Act 2009 , see also the responsibility of the chief executive to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 . (sec.40-ssec.1) In recognition that public sector employment involves a public trust, the work performance and personal conduct of each public sector employee should be guided by the following principles (the work performance and personal conduct principles )— achieving excellence in service delivery; ensuring the effective, efficient and appropriate use of public resources; giving effect to government policies and priorities; collaborating with other public sector entities with a focus on public sector-wide priorities in addition to priorities specific to particular public sector entities, if appropriate and while recognising the need for independence of particular public sector entities; providing sound and impartial advice to government; continuously improving work performance, including through training and development; carrying out duties impartially and with integrity; acting honestly, fairly and in the public interest; interacting with staff members under the Ministerial and Other Office Holder Staff Act 2010 respectfully, collaboratively and with integrity; observing all laws relevant to the employment; ensuring the employee’s personal conduct does not reflect adversely on the reputation of the public sector entity in which the employee is employed; observing the ethics principles under the Public Sector Ethics Act 1994 , section 4 ; complying with an approved code of conduct and any approved standard of practice as required under the Public Sector Ethics Act 1994 , section 12H or 18 . (sec.40-ssec.2) A public sector manager must take all reasonable steps to ensure each public sector employee under the manager’s management is aware of the following matters— the work performance and personal conduct expected of the employee; the public sector principles; the values of the public sector entity in which the employee is employed; for a public service employee—the values of the public service; what constitutes corrupt conduct under the Crime and Corruption Act 2001 . (sec.40-ssec.3) Also, a public sector manager must— provide working environments in which all public sector employees are— treated fairly and reasonably; and assigned work according to the employee’s responsibilities as reflected in remuneration rates; and consider and give effect to the following matters when undertaking management responsibilities— the public sector principles; the values of the public sector entity in which the employee is employed; if the manager is a public service employee—the values of the public service; and ensure fairness and integrity in performing managerial functions, including when making decisions; and undertake best practice human resource management, including the application of the positive performance management principles in the following ways— pro-actively managing the work performance and personal conduct of public sector employees; constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector; taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and take personal responsibility for development as a manager. (sec.40-ssec.4) A chief executive of a public sector entity has overall responsibility for— ensuring the entity performs its functions in a way consistent with— the main purpose of the Act ; and the ways in which the main purpose of the Act is to be primarily achieved; and the public sector principles; and ensuring managers within the entity perform managerial functions in accordance with the positive performance management principles; and ensuring public sector employees have access to fair and independent reviews and appeals; and ensuring the entity has workforce and human resource planning and practices, including systems for the regular review of employment arrangements for public sector employees. If the chief executive is an accountable officer under the Financial Accountability Act 2009 , see also the responsibility of the chief executive to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 . - (a) achieving excellence in service delivery; - (b) ensuring the effective, efficient and appropriate use of public resources; - (c) giving effect to government policies and priorities; - (d) collaborating with other public sector entities with a focus on public sector-wide priorities in addition to priorities specific to particular public sector entities, if appropriate and while recognising the need for independence of particular public sector entities; - (e) providing sound and impartial advice to government; - (f) continuously improving work performance, including through training and development; - (g) carrying out duties impartially and with integrity; - (h) acting honestly, fairly and in the public interest; - (i) interacting with staff members under the Ministerial and Other Office Holder Staff Act 2010 respectfully, collaboratively and with integrity; - (j) observing all laws relevant to the employment; - (k) ensuring the employee’s personal conduct does not reflect adversely on the reputation of the public sector entity in which the employee is employed; - (l) observing the ethics principles under the Public Sector Ethics Act 1994 , section 4 ; - (m) complying with an approved code of conduct and any approved standard of practice as required under the Public Sector Ethics Act 1994 , section 12H or 18 . - (a) the work performance and personal conduct expected of the employee; - (b) the public sector principles; - (c) the values of the public sector entity in which the employee is employed; - (d) for a public service employee—the values of the public service; - (e) what constitutes corrupt conduct under the Crime and Corruption Act 2001 . - (a) provide working environments in which all public sector employees are— (i) treated fairly and reasonably; and (ii) assigned work according to the employee’s responsibilities as reflected in remuneration rates; and - (i) treated fairly and reasonably; and - (ii) assigned work according to the employee’s responsibilities as reflected in remuneration rates; and - (b) consider and give effect to the following matters when undertaking management responsibilities— (i) the public sector principles; (ii) the values of the public sector entity in which the employee is employed; (iii) if the manager is a public service employee—the values of the public service; and - (i) the public sector principles; - (ii) the values of the public sector entity in which the employee is employed; - (iii) if the manager is a public service employee—the values of the public service; and - (c) ensure fairness and integrity in performing managerial functions, including when making decisions; and - (d) undertake best practice human resource management, including the application of the positive performance management principles in the following ways— (i) pro-actively managing the work performance and personal conduct of public sector employees; (ii) constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector; (iii) taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and - (i) pro-actively managing the work performance and personal conduct of public sector employees; - (ii) constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector; - (iii) taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and - (e) take personal responsibility for development as a manager. - (i) treated fairly and reasonably; and - (ii) assigned work according to the employee’s responsibilities as reflected in remuneration rates; and - (i) the public sector principles; - (ii) the values of the public sector entity in which the employee is employed; - (iii) if the manager is a public service employee—the values of the public service; and - (i) pro-actively managing the work performance and personal conduct of public sector employees; - (ii) constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector; - (iii) taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and - (a) ensuring the entity performs its functions in a way consistent with— (i) the main purpose of the Act ; and (ii) the ways in which the main purpose of the Act is to be primarily achieved; and (iii) the public sector principles; and - (i) the main purpose of the Act ; and - (ii) the ways in which the main purpose of the Act is to be primarily achieved; and - (iii) the public sector principles; and - (b) ensuring managers within the entity perform managerial functions in accordance with the positive performance management principles; and - (c) ensuring public sector employees have access to fair and independent reviews and appeals; and - (d) ensuring the entity has workforce and human resource planning and practices, including systems for the regular review of employment arrangements for public sector employees. Note— If the chief executive is an accountable officer under the Financial Accountability Act 2009 , see also the responsibility of the chief executive to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 . - (i) the main purpose of the Act ; and - (ii) the ways in which the main purpose of the Act is to be primarily achieved; and - (iii) the public sector principles; and