public service induction - what it means to be a public...

Contents

Why have Common Public Service Induction Modules? 1HHooww ttoo uussee tthhee iinndduuccttiioonn mmoodduulleess 11

Induction Module 1:Values and Standards 3PPuurrppoossee 33WWhhaatt aarree vvaalluueess aanndd ssttaannddaarrddss?? 33VVaalluueess ooff tthhee NNeeww ZZeeaallaanndd PPuubblliicc SSeerrvviiccee 44TThhee NNeeww ZZeeaallaanndd PPuubblliicc SSeerrvviiccee CCooddee ooff CCoonndduucctt 44CCoonnfflliicctt ooff iinntteerreesstt 44WWhhoo iiss rreessppoonnssiibbllee ffoorr wwhhaatt?? 55VVaalluueess aarree aabboouutt mmoorree tthhaann ccooddeess ooff ccoonndduucctt 55PPoolliittiiccaall nneeuuttrraalliittyy 55NNeeww ZZeeaallaanndd PPuubblliicc SSeerrvviiccee CCooddee ooff CCoonndduucctt 66DDiissccuussssiioonn qquueessttiioonnss 66

Induction Module 2:What is Different about the Public Service Work Environment? 7PPuurrppoossee 77GGoooodd eemmppllooyyeerr 77EEEEOO//ddiivveerrssiittyy 77TThhee MMaaiinnssttrreeaamm PPrrooggrraammmmee 88WWoorrkk--lliiffee bbaallaannccee 88PPaarrttnneerrsshhiipp ffoorr QQuuaalliittyy ((PPffQQ)) 88TTrraaiinniinngg aanndd ccaarreeeerr ddeevveellooppmmeenntt 99SSeeccoonnddmmeennttss,, oovveerrsseeaass ppoossttiinnggss aanndd sscchhoollaarrsshhiippss 1100DDiissccuussssiioonn qquueessttiioonnss 1100

Induction Module 3:The Treaty of Waitangi and Te Reo 11PPuurrppoossee 1111TThhee TTrreeaattyy 1111HHooww ddooeess tthhee TTrreeaattyy aaffffeecctt ppuubblliicc sseerrvvaannttss?? 1122TTee RReeoo MMääoorrii iinn tthhee ooffffiiccee 1122DDiissccuussssiioonn qquueessttiioonnss 1144

Induction Module 4:Central Government Structures and Processes in New Zealand 15PPuurrppoossee ooff TThhiiss MMoodduullee 1155TThhrreeee BBrraanncchheess ooff CCeennttrraall GGoovveerrnnmmeenntt 1155TThhee EExxeeccuuttiivvee BBrraanncchh 1166TThhee LLeeggiissllaattiivvee BBrraanncchh –– PPaarrlliiaammeenntt 1188KKeeyy LLeeggiissllaattiioonn 2200UUsseeffuull RReessoouurrcceess 2222

ISBN 0-478-24463-0 Crown Copyright reserved June 2004

This resource was produced by a joint project team from Public Service departments, the Public Service Association and the State Services Commission.

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Why have Common Public ServiceInduction Modules?

Induction is the first opportunity when someone joins a Public Service department to acquaint themwith the core values and competencies generic to the Public Service, as well as to give them a widerunderstanding of their place in the Public Service and what it means to be a public servant.

Many departments already have comprehensive induction programmes. These resources are notintended to replace those programmes, but to supplement them.

Having a set of common induction modules:

■ Identifies the common core of knowledge and understanding required of public servants for theirrole

■ Increases consistency across departments in approaches to induction, and

■ Provides a checklist or baseline for people responsible for induction in departments to ensure allimportant areas are covered.

The common induction modules are designed to be used along with the Common and Unique Compe-tencies (www.ssc.govt.nz/public-service-competencies) which define the behaviours, skills, attitudesand performance factors that members of the Public Service should have and demonstrate.

How to use the induction modules

These modules support induction material already used in departments. The modules are not, inthemselves, a “programme” or a “course”. The material is set out in modular format that can easily beincorporated into existing programmes or for departments to adapt for their own use. Information ispresented in summary format, with links directing users to more detailed information. The modularformat will also make it easier for current staff to use the programme to reacquaint themselves withtheir role in the wider Public Service. It is not intended that this material be given to staff to workthrough on their own.

There are a number of options for how the modules might be used, including:

■ Content in an induction booklet, CD or website for staff – use the material as is, or adapt it foryour department’s needs

■ A resource for training programmes – use as handout material in your induction trainingprogramme and use the discussion questions to guide understanding of the implications for yourown department

■ A resource to accompany an induction video – your Chief Executive may be able to present theorganisation’s vision and values in an induction video, reinforced by these modules

■ Creating discussion at staff meetings – specific modules can be used as a resource in staff meetingsto refresh staff on key Public Service information

■ As foundation material for learning and assessment against public sector unit standards, and

■ Collaborating with other departments – small departments, and those with small regional offices,may wish to combine with other departments to run induction programmes.

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Public Service Induction

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1Induction Module Values and Standards

Purpose

To ensure new staff have a good understanding of the values and standards of the Public Service andof their particular department. Specifically, to know what is expected in terms of the Code of Conduct;the differences in working for the Public Service compared with the private sector; the principles ofpolitical neutrality; and conflict of interest.

What are values and standards?

Values

Values are the link, essentially the “glue”, that binds a group of people together and forms the basis of an overall culture. Values are central to the New Zealand Public Service. Regardless of whichdepartment or agency we work for, as public servants we share an enduring core set of values. It isthese values that underpin our work and make that work effective in the eyes of our own Public Servicecommunity and those we work with and for.

Standards

Standards are like rules – they are the things we can and can’t do as public servants, and they are basedon the values. Ideally, it is our shared values and standards that set the New Zealand Public Serviceapart as a community and provide a way for us as public servants to conduct the business ofgovernment. These values and standards help to build an environment of trust between us and thepublic.

The Public Service is collectively responsible for serving the government of the day and providing oradministering a wide range of public functions and services. As public servants, we are guardians ofwhat ultimately belongs to the public, and the public expects us to serve and safeguard their interestsresponsibly. We are given certain public powers or we contribute in some way to the exercise of thosepowers. These powers can only be exercised in good faith, in the public interest and in accordancewith due process.

Values of the New Zealand Public Service

The values of the Public Service can be summarised as:

■ integrity

■ honesty

■ political neutrality

■ professionalism

■ obedience to the law

■ respect for the institutions of democracy

■ respect for the Treaty of Waitangi

■ free and frank advice.

Some departments have developed their own set of organisational values that build on the PublicService values.

The New Zealand Public Service Code of Conduct

In order to encourage staff in any organisation to uphold the organisation’s values, the compilation ofa code of conduct that articulates the required standards of behaviour is a good start. The New ZealandPublic Service Code of Conductsets out the minimum standards of integrity and conduct that applyin the Public Service. Some departments also develop their own codes of conduct, based on the threeprinciples of the Public Service Code:

■ Public servants should fulfil their lawful obligations to the government with professionalism andintegrity. This involves being politically neutral and can mean enforcing policy that you don’tpersonally support

■ Public servants should perform their official duties honestly, faithfully and efficiently, respectingthe rights of the public and their colleagues, and

■ Public servants should not bring the Public Service into disrepute through their private activities,where these could discredit or undermine their department, their Minister or the Public Service.

Conflict of interest

As public servants who aspire to fulfil our lawful obligations to the government of the day with profes-sionalism and integrity, one of our responsibilities is to deal with the many conflicts of interest weface while doing our jobs. We should perform our duties honestly and impartially and avoid situationsthat might compromise not only our integrity, but also the integrity of our department and of the PublicService.

Public servants have lives outside work, so conflicts of interest are likely to exist. If they cannot beavoided, they must be disclosed and managed in a planned way. It should be noted that:

■ the appearance and perception of a conflict of interest is as important to manage as an actual conflict

■ while conflicts of interest are usually personal, and therefore must be managed by the individualinvolved, each department has the responsibility for putting in place policies, processes andsystems to help staff recognise conflicts of interest and deal with them

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■ the New Zealand Public Service Code of Conductand each department’s code provide the founda-tion for these policies, processes and support systems, and

■ managers can help staff by knowing their department’s conflicts of interest policies, actively facil-itating discussion about how to manage conflicts of interest before they happen and assisting staffto manage these as they arise; and staff should feel confident that they can discuss issues of conflictwith their managers and colleagues, and that the climate of the discussion will be one of assistanceand support.

Who is responsible for what?

The State Services Commissionerhas the responsibility for setting the minimum standards that are toapply to all public servants and then issuing those through the Public Service Code of Conduct(underthe State Sector Act). Over the last few years, the Commissioner has promoted Public Service valuesand standards as well as the Code of Conduct. This is an acknowledgement that trust and values areabout more than a code; they are about how we do what we do, every day. The Commissioner has alsoreinforced with chief executives that they have responsibilities to their staff to provide leadership onvalues and standards.

Public Service chief executivesare responsible for the conduct of their department and for themanagement of their department, also under the State Sector Act. Chief executives should provideleadership on ethics, values and standards. This means modelling the right behaviours, ensuring thattheir managers and staff do the same, and seeing to it that the culture of their organisation supportsthe highest ethical standards.

As public servantswe are expected to understand what the Public Service Code of Conductand ourown department’s code of conduct mean for us, and how we’re expected to behave. We should alsounderstand and work to our department’s policies and procedures. We can expect to know what thosepolicies and procedures are and to get training about them. We can also expect to know where to gofor help in our departments and to be confident that we can ask questions and ask for help about ethicaldilemmas without feeling afraid that we’re asking dumb questions.

Values are about more than codes of conduct

When people behave in a way that appears to be outside the values and standards that are expected,often it is because they genuinely think they are doing the right thing. Codes of conduct don’t coverevery situation that we might find ourselves in – that’s why they are based on principles and whydepartments are responsible for basing policies on those principles. We need to bring the principles ofcodes of conduct to life by talking about how they apply in real life. Open discussion on what valuesand standards mean in practice can help us reach a shared understanding of how we’re supposed tobehave.

Political neutrality

Political neutrality is unique to the State sector. Public servants must ensure not only that they andtheir department maintain the confidence of their current Minister, but that the same relationship canbe established with future Ministers. In order to do this, public servants must be politically neutral,i.e. we must perform our jobs professionally and without bias towards one political party or another.

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Module 1: Values and Standards

New Zealand’s politically neutral Public Service has been around for a long time. It has its origins inthe Public Service Act of 1912, which put an end to political patronage. It required all employmentdecisions to be made independently of political interests, with appointments to the Public Service beingbased on merit, and tenure not dependent on a particular government or Minister remaining in office.The ability to work equally well with whatever government and Minister came to power thereforebecame a practical requirement of public servants.

The environment we work in has obviously changed a great deal since 1912, but the convention of politi-cal neutrality is as important today as it was then. It is the job of the State Services Commissioner toact as a buffer between politicians and the Public Service and to be the steward of values and standards.

Below are links to the Public Service Code of Conduct, Walking the Talk(the resource kit for the Codeof Conduct), and Walking the Line(the resource kit that deals specifically with conflicts of interest).These resource kits are available free of charge from the State Services Commissioner – [email protected]. Each kit contains stories, scenarios and a video designed to help discussion aboutPublic Service values and standards.

New Zealand Public Service Code of Conduct

Published by the State Services Commission, pursuant to section 57 of the State Sector Act 1988. Thisrevised edition was published in September 2001. ISBN 0-478-24409-6, Crown copyright.See www.ssc.govt.nz/coc.

Walking the Talk: Making Values Real

A resource kit developed by the State Services Commission, designed to support structured discussionamong public servants about values and how they apply these to everyday situations.See www.ssc.govt.nz/resource kit.

Walking the Line: Managing Conflicts of Interest

Another resource kit developed by the State Services Commission, designed to support structured dis-cussion about conflicts of interest and ways of managing them. SSC, June 2003, ISBN 0-478-24431-2.See www.ssc.govt.nz/walking the line.

Discussion questions

■ What are your department’s values?

■ Where and who can you go to in your department for advice on values and standards?

■ Where can you find your department’s policies and procedures?

■ What are some examples of public servants demonstrating the values in the Code of Conduct?What does the Code mean for you?

■ Can you provide examples of potential breaches of the Code of Conduct? For example:

❏ passing on information that has been acquired in your job – when would this be a potentialbreach of the Code?

❏ belonging to an organisation which openly opposes something that your department is doing– when would this become a potential conflict of interest?

■ What does political neutrality mean for you?

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7

2Induction ModuleWhat is Different about the

Public Service Work Environment?

Purpose

To ensure that staff have an introduction to the features that contribute to the culture of the PublicService, such as: the good employer concept; EEO/diversity; work/life balance; union relationships(e.g. Partnership for Quality); training and career development.

Good employer

The Public Service aims to be a “good employer”. Under the State Sector Act, every department isrequired to operate human resources policies that promote fair and proper treatment of employees inall aspects of their employment. This includes providing good and safe working conditions, equalemployment opportunities, impartial selection procedures and opportunities for employee personaldevelopment. Departments work to provide fairness and equality of opportunity in employment,management systems and practices and inclusive workplace cultures.

EEO/diversity

The Public Service aims to attract, develop and retain a diverse and capable workforce to serve thepeople of New Zealand. The State Sector Act good employer provisions refer to recognising theemployment requirements of some specific groups of employees: Mäori; women; ethnic and otherminority groups; and people with disabilities.

Under Section 58 of the State Sector Act, each chief executive is required every year to develop andpublish an EEO programme for their department that should identify and aim to eliminate “all aspectsof policies, procedures and other institutional barriers that cause or perpetuate ... inequality in respectto the employment of any persons or groups of persons”. In other words, EEO is about equity andfairness for all employees, with particular attention to those who face employment disadvantage.

EEO Policy to 2010: Future Directions for EEO in the New Zealand Public Service, published in 1997,made clear the role of chief executives in supporting the Government’s EEO Policy. Key features ofthe EEO Policy to 2010are:

■ four areas of EEO focus for departments – leadership; organisational culture and strategic humanresource management; employment of EEO groups; monitoring and evaluation

■ a requirement that each department will specify its expected EEO achievements, against whichprogress will be measured, as a deliberate part of its overall employment strategy.

For more information, see www.ssc.govt.nz/eeo-policy-to-2010.

The State Services Commission has a specific legislative responsibility to promote, develop andmonitor EEO across the Public Service. It publishes an annual EEO Progress Report, and guidancedocuments on EEO. See www.ssc.govt.nz/eeo.

Unlawful discrimination is also covered more fully in the Human Rights Act 1993. For moreinformation on this Act and the Human Rights Commission, go to www.hrc.co.nz.

See also www.eeotrust.org.nz.

The Mainstream Programme

The State Services Commission operates the Mainstream Programme, which provides funding to createpositions in selected State sector organisations for people with significant disabilities. Mainstreamworks in collaboration with placement agencies for people with disabilities to find employmentpositions, which are then subsidised for a two-year period.

Mainstream is a “supported employment programme”. This means that people with significantdisabilities are not expected to be “job ready” when they are placed in employment. Their skills are developed on the job and they also have access to extra funding for training from the MainstreamProgramme. Pay is comparable to others performing similar duties. For more information, [email protected].

Work-life balance

The Public Service strongly advocates family-friendly policies and practices. Finding a balance between work and home life is seen as increasingly important by staff, and some Public Service depart-ments have introduced measures to try to reduce the conflict between work and family responsibilities.

Examples of some of the practical measures that have been developed are: provision of on-sitechildcare; payment of a subsidy for childcare; structuring of flexible hours of work (including part-time work and job sharing); opportunities for teleworking; and rooms being made available for breast-feeding mothers. Obviously what is introduced will depend on the size of the department, the fundingavailable and the type of work being undertaken.

Increasingly, family-friendly policies have been broadened to include the care of the aged as well aschildcare. Some departments have policies on the broader concept of work-life balance, recognisingthat a well-balanced life contributes to less stress and greater productivity in the workplace. PublicService-wide principles and good practices for work-life balance are being developed as part of theHuman Resources Framework.

See also www.dol.govt.nz/worklife and www.eeotrust.org.nz.

Partnership for Quality (PfQ)

Although there is more than one union representing public servants, the Government has signed aPartnership for Quality agreement with the Public Service Association. Partnership for Quality is thePSA’s strategy to meet its objective to build union organisation to influence the political, economic,social and industrial environments in the interests of PSA members and the enterprises in which theywork. In 2000, the PSA signed an agreement with the Government that recognises their commoninterest in securing the viability and prosperity of government departments and agencies. It involvesownership of common plans, issues, and problems and involves the direct collective participation ofemployees, through their union, in decisions affecting their work and employment.

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Partnership for Quality needs to be defined at each enterprise and workplace level. This is usually doneusing an equation:

Quality jobs + Quality management = Quality services

Some common threads come through in these definitions. For example, when people talk about whata quality job looks like, they use such terms as:

■ feeling valued

■ being respected

■ knowing my voice is heard

■ fair pay and conditions.

When talking about quality management, these are some of the ideas usually expressed:

■ participatory decision-making

■ giving and receiving feedback

■ training provided

■ coaching and mentoring.

Quality service is often identified as:

■ viable – that is, there are enough people with the right competencies to do the job

■ timely

■ meets the needs of the consumer

■ service they can be proud of.

See also http://www.psa.org.nz.

Training and career development

There are many career possibilities within the Public Service. A number of current chief executivesbegan their careers on the front line of Public Service organisations.

Every employee, through discussions with their manager and/or through the performance managementprocess, should be able to identify a preferred career path to access training that allows them to exploreopportunities for progressing within the organisation. Internal and external training programmes areavailable and each organisation has policies setting out what types of courses are funded.

The Public Sector Training Organisation (PSTO) www.psto.govt.nz supports learning and develop-ment in the Public Service. PSTO registers qualifications relevant to the sector on the NationalQualifications Framework. PSTO also administers Modern Apprenticeships for the public sector. Manydepartments have implemented training programmes for their staff that lead to the award of nationalqualifications. PSTO registers workplace assessors who can assess and award credit on the job. PSTOhas developed a series of unit standards that cover the core skills and knowledge that will completeinduction into the Public Service and which count towards national qualifications.

The Leadership Development Centre (LDC) www.ldc.govt.nz provides leadership and managementdevelopment advice and opportunities for senior managers in the State sector.

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Module 2: What is Different about the Public Service Work Environment?

Secondments, overseas postings and scholarships

From time to time, secondment opportunities arise for people in the Public Service, both in NewZealand and overseas. Some departments have agreements with each other and with their counterpartsin Australia that allow secondments on a regular basis.

Secondment opportunities are advertised on Government Jobs Online www.jobs.govt.nz. Any PublicService employee may be considered for a secondment. Secondments are a means by whichdepartments share capability and skills to meet particular business needs and provide individuals withopportunities to acquire insights to other departments, develop skills and contribute to wider work inthe sector.

You could also travel as part of your Public Service role. Departments such as the Ministry of ForeignAffairs and Trade, the New Zealand Customs Service and the Ministry of Agriculture and Forestryhave staff overseas.

A number of scholarships and cadetships are offered by the Public Service, in particular for Pacificand Mäori people. Seewww.ssc.govt.nz/eeo-scholarships.


■ What are some examples of the “good employer” principle in your department?

■ What are some examples of EEO practices in your department?

■ What policies enable work/life balance in your organisation?

■ What does Partnership for Quality mean in your workplace, or what would you want it to mean?List the terms that come to mind under each of the headings:

Quality job + Quality management = Quality service

■ How do you see your career progressing?

■ What opportunities exist in your organisation for learning and development?

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11

3Induction ModuleThe Treaty of Waitangi and Te Reo

Purpose

To give employees a basic understanding of how the Treaty of Waitangi affects them as public servants

and to develop responsiveness to Mäori language.

The Treaty

The Treaty of Waitangi is New Zealand’s founding document. It is an exchange of promises between

Mäori and the Crown. It was principally a diplomatic and political instrument, intended to underpin

or reflect an agreement to embark on something wholly new, to create a nation-state in New Zealand

where no functioning nation-state existed. In that sense, the Treaty embodied a partnership in which

the Crown would have its place and the chiefs and tribes would have theirs. However, the Treaty is

not legally enforceable in New Zealand unless incorporated into domestic law.

Most of the legislative references are not to the Treaty text but rather to the “principles” of the Treaty.

This is because the two texts of the Treaty have led to different understandings, and because of the

need to apply the Treaty to present-day circumstances and issues. Treaty principles interpret the Treaty

as a whole, its intention and its spirit. They have been described as the underlying mutual obligations

and responsibilities the Treaty places on the parties.

An example of statutory recognition of the Treaty is section 4 of the New Zealand Public Health and

Disability Act 2000:

“In order to recognise and respect the principles of the Treaty of Waitangi, and with a view to

improving health outcomes for Mäori, Part 3 provides for mechanisms to enable Mäori to

contribute to decision-making on, and to participate in the delivery of, health and disability

services.”

One of the provisions in Part 3, section 23 requires District Health Boards to:

“(d) establish and maintain processes to enable Mäori to participate in, and contribute to,

strategies for Mäori health improvement;

(e) continue to foster the development of Mäori capacity for participating in the health and

disability sector and for providing for the needs of Mäori, and

(f) provide relevant information to Mäori for the purposes of paragraphs (d) and (e)”

How does the Treaty affect public servants?

It may affect them because there is a piece of legislation that applies to the operation of their

department and requires them to act in a certain way. An example of this is the Conservation Act 1987,

Section 4: “This Act shall so be interpreted and administered as to give effect to the principles of the

Treaty of Waitangi”.

In addition the Government has required the Public Service to take action relating to the Treaty in

certain contexts. These requirements are set out in the Cabinet Manual and the Step by Step Guide to

Cabinet and Cabinet Committee Processes:

■ When making bids for Bills, departments must draw attention to any implications the Bill may

have for the principles of the Treaty of Waitangi (Cabinet Manual 5.26).

■ When developing Cabinet papers, departments must consult all departments that have an interest

in the issues involved.

■ The “Step by Step Guide”, in Chapter 11 indicates which departments must be consulted on certain

matters and which may need to be consulted on particular issues. Both the Ministry of Justice

(Office of Treaty Settlements) and Ministry of Mäori Development (TPK) must be consulted on

all proposals with implications for the Treaty of Waitangi. The Chapter also lists, in Schedule 2, a

number of departments that must be consulted on Mäori and Treaty of Waitangi issues.

Read the Treaty

The English and Mäori versions of the Treaty can be read at http://www.treatyofwaitangi.govt.nz.

Where to find out more

See the Resources section at www.treatyofwaitangi.govt.nz .

Te Reo Mäori in the office

UUssiinngg MMääoorrii ggrreeeettiinnggss aanndd ssiiggnn--ooffffss iinn wwrriitttteenn ccoommmmuunniiccaattiioonnssTTee wwhhaakkaammaahhii mmiihhii mmääoorrii,, wwhhaakkaammuuttuunnggaa mmääoorrii,, ii rroottoo ii nnggää wwhhaakkaammoohhiioottaannggaa--aa--ttuuhhii

Using written Mäori with colleagues, employees, and clients, is an important expression of our

commitment to a truly bicultural New Zealand. The following is taken from Mäori from the Office,Te Taura Whiri I te Reo Mäori, Mäori Language Commission, 1990.

Greetings Ngä Mihi

Dear Sir Tënä koe Kia ora

Dear Madam Tënä koe Kia ora

■ Tënä koe is a formal address to a single person, and can be used to address either a man or a woman.

The equivalent when addressing two people is tënä körua, and for three or more is tënä koutou.

■ Kia ora is less formal than the series beginning tënä. Kia ora does not specify gender and can be

addressed to any number of people.

■ Either Tënä koe or kia ora can also be followed by the addressee’s name. E.g. Tënä koe, Ms Smithor Kia ora e Mary. Short names are preceded by the word ‘e’, while long names are used without it.

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13

Module 3: The Treaty of Waitangi and Te Reo

Closing Ngä Kupu Whakatunga

Enough said Käti ake nei

Enough said Heoi anö

Enough said Ka nui tënei

I shan’t continue any longer Käore e kume roatia te körero

This sounds abrupt in English, but is quite usual in Mäori, followed by an expression of good wishes.

So, look after yourself Nö reira, noho ora mai rä

Goodbye for now Hei konä mai

Goodbye for now Hei konä rä

Signing Off Te Hainatanga

Yours sincerely Näku noa, nä

Yours sincerely Näku iti nei, nä

Enclosure Te Raunga

encl. Me te runga atu (for one item)

encl. Me ngä runga atu (for two or more)

SSppookkeenn MMääoorrii –– ggrreeeettiinnggss aanndd ssiiggnn--ooffffssKKuuppuu kkoorreerroo MMääoorrii –– mmiihhii mmee nnggaa wwhhaakkaammuuttuunnggaa

If you are comfortable with your pronunciation and in using the following greetings/sign offs, then do

so. If you’re unsure which one to use, you can simply respond to whichever greeting/sign-off is given

to you by the other person.

Greetings Mihimihi

Hello Tënä koe

Tënä koutou (this is used when speaking to morethan two people)

Tënä koe is a more formal greeting, used especially when talking to older people, when you hongi people,

or when you’re required to shake a person’s hand. These are indications of a more formal situation.

Hello Kia ora

Kia ora koutou (this is used when speaking to more than two people)

Kia ora is less formal address but it is still commonly used, even in some formal situations.

If you’re feeling confident, your greeting can be followed with Kei te pëhea koe? How are you?

Signing Off

If you are leaving and the other person is staying:

Goodbye Hei konei rä (You can also use this on the phone)

Farewell E noho rä

If the other person is leaving and you are staying behind:

Goodbye for now Haere rä

Kia ora can also be used to say goodbye, or thank you, but again, this is the more informal approach.

Another informal sign-off that can be used is Ka kite (See you!) or Ka kite anö (See you again!).


■ What does your department do to be responsive to Mäori?

■ What is the process for pöwhiri in your department?

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15

4Induction ModuleCentral Government Structures and

Processes in New Zealand

Purpose of This Module

To provide new public servants with a brief description of the key institutions of central governmentin New Zealand and of the nature and role of the Public Service.

This module also summarises three key pieces of legislation and provides a list of websites whereadditional useful material may be found.

Three Branches of Central Government

New Zealand is a constitutional monarchy, with the Queen as the Head of State and the Governor-General as her formal representative in New Zealand. The Governor-General operates through a rangeof institutions that fall into one of three branches of central government which in alphabetical orderare “the executive branch”, “the judicial branch” and “the legislative branch”.

The focus here is only on “central government” – this module does not describe “local government”which comprises city, district and regional councils.

The Executive Branch

The executive branch of central government comprises the Governor-General, all Ministers, and allstate sector agencies (including the Public Service). The structure and role of the executive branch ofgovernment is discussed in more detail later in this module.

The Judicial Branch

The judicial branch of central government comprises the Supreme Court, Court of Appeal, High Court,District Court, Family Court, Youth Court, other specialist courts, and includes some tribunals (e.g. theTenancy Tribunal). The judges who serve in all the courts are appointed by the Governor-General onthe advice of Ministers.

A key role of judges is to interpret and apply the laws made by the legislative branch. In doing this, theydevelop case law. Judges may also review the actions of the executive branch to determine whether ithas acted lawfully and reasonably. Judges must act independently when performing their roles. Toprotect that independence, judges may be removed from office only in very limited circumstances.

The judicial branch of government is not discussed further in this module.

The Legislative Branch

The legislative branch of central government comprises the Governor-General and the Members ofParliament who sit in the House of Representatives. The term “Parliament” is used more commonlythan the term “the legislative branch” – strictly speaking they mean the same thing, but some peoplemean only the collective of MPs when they refer to “Parliament”. The structure and role of thelegislative branch of government is discussed in more detail later in this module.

The Executive Branch

The executive branch of government comprises the Governor-General, all Ministers, and all statesector agencies (including the Public Service).

The executive branch is the administrative branch of government – it formulates and implementspolicy, and proposes legislation and the spending of public money to Parliament. On some mattersMinisters act collectively, while on others they act individually albeit within a policy framework agreedcollectively. Ministers as a collective are referred to as “the ministry”.

The Ministry

There are two important collectives of Ministers, namely the Executive Council and the Cabinet.

The Executive Council

The Executive Council comprises all Ministers including those Ministers who are not in Cabinet.Ministers must be MPs and are appointed by the Governor-General on the advice of the Prime Minister.

The need for the Executive Council derives from the fact that the decisions of a ministry that need theforce of law must be approved by the head of state. The Governor-General implements such decisionseither by assenting to legislation that has been passed by Parliament, or by making Orders in Councilproposed by Ministers. The Executive Council is the formal mechanism for giving the Governor-General advice on Orders in Council. These may relate to regulations, proclamations, commissions ofinquiry, or appointments to various positions (including departmental chief executives).

The Cabinet

Governments in New Zealand traditionally operate using a Cabinet even though there is no legal orother necessity to do so. Cabinet comprises senior Ministers and is chaired by the Prime Minister.Cabinet operates though committees that focus on particular areas of the Government’s business, e.g.Government expenditure. However, responsibility for all policy decisions rests ultimately with Cabinetas a whole, so decisions by Cabinet committees are usually endorsed formally at the next Cabinetmeeting.

Cabinet’s ultimate responsibility for all policy decisions means it operates under a principle ofcollective responsibility – all Ministers (including those outside Cabinet) must support a decision ofCabinet once it is made, even if they personally argued and voted against it.

Ministers

As individuals, Ministers are responsible for determining policy and exercising their powers andfunctions within their designated portfolios, e.g. education, health, transport. Ministers’ powers andfunctions may be explicitly set down in legislation, but often derive only from the fact that the PrimeMinister has authorised them to administer legislation that confers powers and functions on theministry in a more general way.

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While they do many things as individuals, Ministers must work within any applicable policy frameworkset by Cabinet. On some matters, e.g. those with implications outside their portfolio, they must makea judgement about whether to ask Cabinet for direction. Making these judgements sometimes is not easy,and the decisions of individual Ministers may be controversial with their colleagues.

Ministers may wear two hats, namely that of “Vote Minister” and that of “Responsible Minister”. What’s the difference?

■ Vote Minister– In New Zealand, no public money may be spent without the approval of Parliament.Every year the Cabinet assembles bids to Parliament for money to be spent in each portfolio aspart of the annual budget process. A separate bid is made for each portfolio, and the approvals(called appropriations) are also given separately in what are called “votes”, e.g. Vote: Education,Vote: Health and Vote: Transport. Each portfolio minister is accountable to Parliament for theproper and effective use made of the money included in his or her vote, hence the term “VoteMinister”. Votes are administered day-to-day by a department.

■ Responsible Minister– Each portfolio area includes at least a department and may include manymore organisations. For example, in the education portfolio there are two departments (the Ministryof Education and the Education Review Office), over 2700 schools and a handful of other organ-isations. These organisations are the vehicles through which various education-related services areprovided. The Minister of Education is responsible to Parliament not only for how well theseorganisations operate this year but also for them maintaining or improving their organisationalcapability. Organisational capability and integrity matters are the concern of Responsible Ministers.

In most portfolios one Minister wears both “hats”, and in practice the distinction between Vote Ministerand Responsible Minister is blurred. But in some cases a department administers more than one vote,so will work to more than one Vote Minister, only one of whom will be designated the ResponsibleMinister. For example, as at 30 June 2003, the Ministry for Economic Development administered sixvotes (Vote: Economic, Industry and Regional Development; Vote: Commerce; Vote: Communications;Vote: Consumer Affairs; Vote: Energy; Vote: Tourism), and the Minister for Economic Developmentis the designated Responsible Minister.

The Public Service

The Public Service is part of the State sector which comprises a variety of organisations includingdepartments, State Owned Enterprises (e.g. NZ Post), Crown entities (e.g. the Accident CompensationCorporation, public hospitals and schools) and Offices of Parliament.

The focus here is solely on the Public Service which comprised 35 departments, as at 1 June 2004.The key characteristics of Public Service departments are:

■ They operate under the State Sector Act 1988

■ Their chief executives are appointed by the Governor-General on the advice of the State ServicesCommissioner who is to all intents and purposes their employer

■ They must serve their Minister impartially, most importantly by giving free and frank advice ondecisions that are to be made and by implementing whatever decision is made regardless ofwhether they agree with it

■ They must operate in a politically neutral way so that they can command the confidence of anygovernment, not just the incumbent government – in part this is given effect by the State SectorAct requiring chief executives to appoint staff independently.

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Module 4: Central Government Structures and Processes in New Zealand

Generally speaking, Ministers may tell their Public Service department what to do, other than onpersonnel matters. But there are important exceptions to this. Throughout the Public Service and therest of the State sector, there are what are called statutory officer positions, that is positions created instatute by Parliament. These may be particular departmental chief executives, e.g. the Commissionerof Inland Revenue, but may also be departmental employees, e.g. the Deputy State ServicesCommissioner within the State Services Commission. In many cases the people holding these positionsare required by statute to act independently when performing some or all of their functions, to ensurethat they are performed without inappropriate interference.

Three Public Service departments are known as “the central agencies” because they haveresponsibilities that spread over all portfolios. The central agencies are the Department of the PrimeMinister and Cabinet, the State Services Commission and the Treasury. See the respective websitesfor information about each department (http://www.dpmc.govt.nz; http://www.ssc.govt.nz;http://www.treasury.govt.nz).

The Legislative Branch – Parliament

Strictly speaking, Parliament includes the MPs who sit in the House of Representatives and theGovernor-General (when Her Majesty is absent from New Zealand), but often people think ofParliament as consisting only of MPs.

Key Roles

Parliament’s key roles are lawmaking and holding the executive branch to account.

Lawmaking

Parliament is the principal law making body in New Zealand. Laws made by Parliament are designated“primary legislation” and are called Acts of Parliament or statutes once passed into law. The Governor-General must assent to statutes passed by Parliament before they have the force of law.

Most statutes passed by Parliament begin life as a Bill tabled in the House of Representatives by aportfolio Minister on behalf of the Cabinet (it is possible for individual MPs to propose legislation butnot many get the chance). Once a Bill has been introduced to Parliament, it is usually considered indetail by a Select Committee and the public is given the opportunity to make submissions. The extentof public input to new laws is a defining feature of New Zealand’s parliamentary democracy.

Public servants from the sponsoring Minister’s department work with the Select Committee during its consideration of the Bill, e.g. by explaining the thinking behind the Bill and helping to identifyalternative wording. A Select Committee may radically alter a Bill during its consultations anddeliberations.

Parliament is not the only law making organisation in New Zealand because earlier Parliaments havepassed legislation that gives law-making powers to others. Laws made by others are designated“secondary legislation” – secondary legislation has no effect if it conflicts with statute. As noted earlier,the Governor-General in Executive Council may approve Orders in Council which may relate toregulations which are secondary legislation. Local authorities too may make secondary legislation inthe form of “By-laws”, and some Ministers such as the Minister of Transport have the power to make“rules”.

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Holding the Executive to Account

Parliament’s second role is to hold the executive branch of Government to account on behalf of thewider electorate. It does this in a range of ways. Some of these, such as Parliamentary debates andquestion time, are well known. Others are less well known and deserve some brief comments herebecause of their impact on public servants.

One of the less well known ways is the scrutiny of spending proposals. In New Zealand, no publicmoney – in practice most of it raised by levying taxes – may be spent without the approval ofParliament. Each year Cabinet submits to Parliament its bids to spend public money – the bids arecalled the Estimates of Appropriation. Once the Estimates have been tabled in the House ofRepresentatives, they are referred to Select Committees which scrutinise them and recommend whetheror not the requested appropriations be approved. Departments managing votes, and even Vote Ministersthemselves, may be called before the Select Committee to explain the bids – the estimates examinationprocess often results in departments providing written answers to dozens of detailed questions.

A second less well-known way of holding the executive to account is performance reviews ofdepartments and other State sector organisations. Each year, state sector organisations are required tosubmit to Parliament statements of their plans for the year (in most cases called a Statement of Intent)and of their work and achievements in the year (in all cases called an Annual Report). These documentsare used by Select Committees along with advice from the Auditor-General to review the performanceof each organisation. The reviews may be cursory, but equally well may be very detailed anddemanding. Senior personnel from each organisation, and even the Responsible Minister, may be askedto attend the Select Committee hearings. And again, the committees may require written answers todozens of detailed questions.

Select Committee’s regular annual reviews of State sector organizations may be complemented byspecial investigations of particular issues, e.g. the scampi fisheries inquiry in 2003/04. When theseoccur they can absorb a great deal of senior departmental officials’ time.

Key Parliamentary Institutions

So far as public servants are concerned, two key Parliamentary institutions are Select Committees andOffices of Parliament.

Select Committees

As noted earlier, Parliament does a lot of its business in Select Committees and the principal interactionbetween public servants and Parliament is in those committees. Protocols have been developed to helppublic servants conduct themselves appropriately if they appear before a Select Committee. (See PublicServants and Select Committeesavailable on http://www.ssc.govt.nz/select-committee-guidelines)

Offices of Parliament

There are three Offices of Parliament, namely the Office of the Controller and Auditor-General (oftencommonly referred to as the Audit Office), the Office of the Ombudsmen and the ParliamentaryCommissioner for the Environment. These organisations exist to help Parliament do its job, and publicservants may have dealings with all three but especially the Audit Office and the Office of theOmbudsmen.

The Audit Office is Parliament’s auditor, and a key role is to audit the annual reports of organisationsthat report to Parliament and advise whether those reports give a “true and fair” account of what wasdone and what was achieved. The Audit Office also advises Select Committees during theirexamination of the Estimates and their performance reviews of departments and other organisations.See www.oag.govt.nz.

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The Office of the Ombudsmen administers the Official Information Act which is a key plank of NewZealand’s parliamentary democracy because it is designed to promote open government. The OfficialInformation Act (or OIA as it is usually known) provides some grounds for not releasing information,and public servants’ dealings with the Office often will be about whether they have applied thosegrounds correctly.

Key Legislation

State Sector Act 1988

The Act makes departmental chief executives fully accountable for managing their organisationsefficiently and effectively. It changed the role of the State Services Commission from employer andmanager of the Public Service to employer of chief executives and advisor to the Government aboutthe management of the State sector.

The Act has a number of objectives, including ensuring that employees in the State services are imbuedwith the spirit of service to the community, that every State services employer is a good employer andthat equal employment opportunities are promoted.

Under the Act, the State Services Commissioner has the responsibility of setting minimum standardsof conduct and integrity for all public servants. This ensures that the highest and most consistentstandards of ethical behaviour apply to all public servants.

Other parts of the Act include:

■ the State Services Commissioner’s extensive powers of independent inquiry and investigation

■ the process for appointing chief executives

■ the responsibilities of chief executives

■ the provisions relating to the employment of individual employees being the responsibility ofdepartmental chief executives

■ the requirement to make all appointments to Public Service positions on merit, for positions to beopen to competition and to have an appeal process in place.

Under the State Sector Act, the Commissioner:

■ recommends for appointment Public Service chief executives

■ supports and manages the performance of Public Service chief executives, as individuals, to helpthem achieve results and grow the capability of the senior ranks of the Public Service

■ supports the chief executives and senior management of departments in assessment and feedback(including to Ministers) of the strategy, capability and performance of their departments.

Public Finance Act 1989

The Public Finance Act provides the legal framework for the financial management system. It controlsthe financial activity of the Government and the manner in which Parliament keeps a watch on theExecutive’s expenditure of public money. It provides the basis for the appropriation and managementof public resources. It prescribes the reporting requirements for the Crown, departments and Crownentities.

The Act consists of nine parts.

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■ Appropriation –Part I outlines the appropriation mechanism and the degree of managementflexibility that will be allowed. In most instances, before public resources can be consumed,Parliament must pass an Appropriation Act. The first Appropriation Bill for each year must beintroduced before 31 July.

■ Banking and Investment– Part II contain the procedures and controls for the banking andinvestment of public money.

■ Reporting by the Crown; Reporting by Departments; Reporting by Crown Entities– Parts III to Vestablish minimum financial reporting requirements for: the Crown (the Government as a whole);departments; Crown entities.

■ Loans and Securities– Part VI provides controls and procedures for raising loans, issuing securitiesand giving guarantees.

■ Trust Money– Part VII provides controls and procedures for managing money held by the Crownas trustee.

■ Security and Intelligence Departments– Part VIIA deals with special arrangements for securityand intelligence departments.

■ General Provisions– Part VIII contains a number of miscellaneous provisions.

Official Information Act 1982

The Official Information Act works on the principle that information must be made available to anyonewho asks for it, unless there is a good reason to withhold it.

The purposes of the Act are to increase progressively the availability of official information in order to:

■ enable more effective public participation in the making and administration of laws and policies

■ promote the accountability of Ministers and officials

■ provide for the proper access by each person to official information relating to that person

■ protect official information to the extent consistent with the public interest and the preservation ofpersonal privacy; and thereby

■ enhance respect for the law and promote good government of New Zealand.

Under the Official Information Act, information may be withheld to maintain the constitutional con-ventions that protect:

■ the confidentiality of communication by or with the Governor-General

■ collective or individual Ministerial responsibility

■ the neutrality of officials; or

■ the confidentiality of advice tendered to Ministers and officials.

The Act also protects, among other things, information that may prejudice the security or defence ofNew Zealand, the maintenance of the law and the right to a fair trial. In addition, it protects certaininformation that, if disclosed prematurely, would seriously damage the economy of New Zealand.

Information can be withheld if necessary to maintain the free and frank expression of opinions byMinisters and public servants in the course of their duty, and to protect Ministers and public servantsfrom improper pressure or harassment.

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This list is not comprehensive. There are other important grounds for withholding information that arenot set out here, such as commercial sensitivity and obligations of confidentiality and personal privacy.However, the Ombudsmen can decide that the public interest overrides these grounds for protection.

A copy of the Official Information Act can be found at: www.legislation.govt.nz.

Useful Resources

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State ServicesCommission website

From this site you can read or download different publications and discover linksto other useful government sites.

http://www.ssc.govt.nz

Other usefulwebsites

Glossary of useful terms http://www.ssc.govt.nz/Glossary/

Useful information on work www.workinfo.govt.nz

Treasury http://www.treasury.govt.nz

The Department of the Prime Minister and Cabinet http://www.dpmc.govt.nz/cabinet

All government agencies are accessible via http://www.govt.nz

Parliament http://www.parliament.govt.nz

Cabinet and Ministers http://www.executive.govt.nz.

New Zealand Government Jobs Online http://www.jobs.govt.nz.

Training providers Change Training Consultants Ltd. http://www.change.co.nz/ have developed two online courses that cover the essential knowledge required by people workingin or with the public sector. The courses are free to New Zealand citizens andpermanent residents because they are fully funded by the Ministry of Education.

As an employee new to the public sector, you will find these courses anaccessible, efficient and flexible way to develop your knowledge. They areaccredited with the New Zealand Qualifications Authority (NZQA) and based onunit standards developed by the Public Sector Training Organisation.www.psto.govt.nz

Modules can be cross-credited to national certificates. Students receive acertificate from Change Training, accredited by NZQA, at the completion of eachcourse.

Useful publicationsonline

The Public Service Code of Conduct http://www.ssc.govt.nz

Public Servants and Select Committees http://www.ssc.govt.nz

Ombudsmen’s Office Practice Guidelineshttp://www.ombudsmen.govt.nz/guideindex.htm

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Training providerscontinued

What the courses cover

Students can enrol in the whole course or choose individual modules to suit their training needs.

Knowledge 1: The Very Civil Servant

Structure and Role of the Public Sector Unit 19895The Code of Conduct Unit 17213Roles and Responsibilities in the State Sector Unit 19896Treaty of Waitangi Unit 14950Introduction to NZ Law and Legal System Unit 14949History and Development of NZ Central Government Unit 19900Election and Formation of Government Unit 19903How Local Government Works Unit 14951How to Read and Interpret Legislation Unit 19904Introduction to Key Legislation Unit 19906State Sector Finance Unit 19901Know your Government Websites Unit 19907

Knowledge 2: Serving the Public Interest

Obligations and Duties Unit 19897The Treaty and the Public Sector Unit 14943Ethics and the Public Sector Unit 14945The State Sector and Elections Unit 19905Public Sector Finance Unit 19902Key Agencies and Legislation Unit 19899Using Information, Official and Private Unit 14942Employment in the Public Sector Unit 14946State Sector, Parliament and Government Unit 19898

Where to find outmore

Enrolment

To enrol, go to http://www.change.co.nz

If you have further questions contact Change Training on (04) 472 0567.

Sources http://www.change.co.nz/

www.dpmc.govt.nz/

http://www.tpk.govt.nz/

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State Services Commission100 Molesworth Street, WellingtonPO Box 329, WellingtonPhone: +64-4-495-6600Fax: +64-4-495-6686Website: www.ssc.govt.nz

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