State Sector Governance Essentials – Kāinga Ora Governance Capability Uplift Programme Workbook iod.org.nz Workbook This workbook has been prepared as a resource for participants in the Institute of Directors in New Zealand (Inc) Director Development programme. It is not intended to be exhaustive or constitute advice. Its content should not be used or relied upon as a substitute for proper professional advice or as a basis for formulating business decisions. The Institute of Directors in New Zealand (Inc) and its employees expressly disclaim all or any liability or responsibility to any person in respect of this workbook and in respect of anything done or omitted to be done by any person in reliance on all or any part of the contents of the workbook. (March 2021) SSC 11996 A3 Poster v4 19/6/07 10:53 AM Page 1 A code of conduct issued by the State Services Commissioner under the State Sector Act 1988, section 57 WE MUST BE FAIR FAIR, IMPARTIAL, We must: – treat everyone fairly and with respect RESPONSIBLE & – be professional and responsive TRUSTWORTHY – work to make government services accessible and effective – strive to make a difference to the well-being of New Zealand and all its people. The State Services is made IMPARTIAL up of many organisations with powers to carry out the work of We must: New Zealand’s democratically – maintain the political neutrality required to enable us to work with elected governments. current and future governments – carry out the functions of our organisation, unaffected by our Whether we work in a department personal beliefs or in a Crown entity, we must act – support our organisation to provide robust and unbiased advice with a spirit of service to the – respect the authority of the government of the day. community and meet the same high standards of integrity and conduct in everything we do. RESPONSIBLE We must comply with the We must: standards of integrity and conduct – act lawfully and objectively set out in this code. As part of – use our organisation’s resources carefully and only for complying with this code, our intended purposes organisations must maintain – treat information with care and use it only for proper purposes policies and procedures that – work to improve the performance and efficiency of our organisation. are consistent with it. For further information see TRUSTWORTHY www.ssc.govt.nz/code We must: – be honest – work to the best of our abilities – ensure our actions are not affected by our personal interests or relationships – never misuse our position for personal gain – decline gifts or benefits that place us under any obligation or perceived influence – avoid any activities, work or non-work, that may harm the reputation of our organisation or of the State Services. Published June 2007 ISBN: 978-0-478-30309-4 3 4 Source: https://www.beehive.govt.nz/release/parliament-passes-bill-reform-public-service 5 Te Kawa Mataaho Public Service Act 2020 Public Service Commission An overview of the changes New Zealand’s public service has an enviable international reputation for integrity, responsiveness to government and effectiveness for New Zealanders. The most recent Kiwis Count Survey reinforces this reputation, with 2019 results showing New Zealanders have increasing trust in, and satisfaction with, their public services. The new Public Service Act 2020 (the Act) builds on the high-performance base of the public service, with the overall aim of delivering better outcomes and services for all New Zealanders. The Act provides a modern legislative framework that enables a more adaptive, agile and collaborative public service and includes stronger recognition of the role of the public service in supporting the partnership between Māori and the Crown. The key enablers to this are: public service culture and behaviour; an updated framework for employment; effective leadership; and a greater range of options for configuring fit-for-purpose public service organisations. Ngā whakataunga matua | Major decisions The Government has repealed and replaced the State Sector Act 1988 with the new Public Service Act 2020. This new Act includes provisions across five key areas that will help the public service join up services around New Zealanders’ needs and secure public trust and confidence, so it remains well placed to serve New Zealand in the future. The five areas are: • A unified public service • Strengthening the Crown’s relationships with Māori • Employment and workforce • Leadership • Organisational flexibility Along with the system-level public service reform, there is also work being done to improve how public service agencies organise themselves in the regions. 1 Factsheet 1 of 6 6 Te Kawa Mataaho Public Service Act 2020 Public Service Commission Ngā pātai me ngā whakautu | Questions and answers Why do we need the new Public Service Act? The previous State Sector Act was more than 30 years old and had been amended 13 times. Times have changed and there are areas where the public service can do better. The new Public Service Act reflects the context and expectations the public service needs to respond to, today and into the future. How does the new Public Service Act acknowledge a post COVID-19 environment? The response of the New Zealand public service to the coronavirus pandemic has been widely recognised as exemplary, receiving accolades both locally and internationally. In many ways, the pandemic revealed the public service at its finest – working across boundaries to meet the needs of New Zealanders in a complex and rapidly changing environment. The new Act acknowledges the need for more flexible and collaborative approaches to tackling the more complex challenges that lie ahead and provides the legislative environment that is required to enable this. What is the significance of the change in focus from State Sector Act to the Public Service Act? The naming of the Act itself also signals a shift in focus, placing a clear emphasis on the benefit to New Zealand’s individuals, organisations and communities as the key focus and motivation for all public service agencies and activities. How will New Zealanders benefit from the changes in the new legislation? The public service works for the Government that New Zealanders elect and New Zealanders depend on the public service for a wide range of services. A public service that is more adaptive, agile and collaborative can more effectively meet the needs of New Zealanders and the communities it serves. Was there an appetite for change? Yes. Consultation feedback showed strong support for the overall direction of the reforms. The new Act builds on the already strong reputation of the public service for delivering on New Zealanders’ needs. When will the changes take place? Some changes have already come into effect, but many of the provisions in the Act are for tools and instruments that are designed to enable the public service to meet both current and future needs. These changes will come into effect over time as the need arises. 2 Factsheet 1 of 6 7 Te Kawa Mataaho Public Service Act 2020 Public Service Commission He ratonga tūmatanui e kotahi ana A unified public service A unified public service that acts as one team, with a spirit of service to the community, will lead to more joined-up, effective services and improved wellbeing outcomes for all New Zealanders. Ngā whakataunga matua | Major decisions The new Public Service Act 2020 (the Act): • helps to create a unified public service with a common purpose, upholding foundational principles and embodying our core values; • makes appropriate chief executives and boards of Crown agents responsible for upholding the principles; • acknowledges a spirit of service as fundamental to the public service and • reaffirms the term ‘the public service’ to include Crown agents (for the above purposes). Ka pēhea mō ngā kaimahi tūmatanui | What it means for public servants The Act affirms and clarifies the purpose and foundational principles and values for all public servants. It highlights acting with a spirit of service to the community as the fundamental characteristic of the public service and requires public service leaders and boards to nurture the spirit of service that their staff bring to their work. The Act captures why the public service exists and how it fits into New Zealand’s system of government, as well as enshrining the five foundational public service principles and expected behaviours that support the integrity of the public service. Strengthening the shared identity of public servants is intended to unite them in their goal of serving New Zealanders, regardless of which agency they work in. This will help to drive the cultural shift to build a unified public service that can quickly mobilise across the sector to tackle specific issues and deliver better outcomes for New Zealanders. The unified public service provisions of the Act extend to Crown agents, many of which provide core public services in areas like health, education, transport and housing. They give effect to government policy and often need to work closely with other public service agencies. 1 Factsheet 2 of 6 8 Te Kawa Mataaho Public Service Act 2020 Public Service Commission Ngā pātai me ngā whakautu | Questions and answers What is the common purpose of the public service? The Act confirms the purpose of the public service: “The public service supports constitutional and democratic government, enables both the current Government and successive governments to develop and implement their policies, delivers high-quality and efficient public services, supports the Government to pursue the long-term public interest, facilitates active citizenship, and acts in accordance with the law.” - Section 11, Public Service Act 2020. What are the five public service principles? The five principles are: politically neutral, free and frank advice to Ministers, merit-based appointments, open government and stewardship.