Free and Frank Advice

Volume 14 – Issue 2 – May 2018 Free and Frank Advice and the Official Information Act: balancing competing principles of good government Andrew Kibblewhite and Peter Boshier A New Approach to Environmental 3 Valuation for New Zealand Grease or Sand in the Wheels of Democracy? Peter Clough, Susan M. Chilton, The market for lobbying in New Zealand Michael W. Jones-Lee and Hugh R.T. Metcalf 50 Thomas Anderson and Simon Chapple 10 Delivering on Outcomes: the experience The Ardern Government’s Foreign of Ma-ori health service providers Policy Challenges Heather Gifford, Lesley Batten, Amohia Boulton, Robert Ayson 18 Melissa Cragg and Lynley Cvitanovic 58 Change and Resilience in New Zealand Aid Cold New Zealand Council Housing under Minister McCully Getting an Upgrade Jo Spratt and Terence Wood 25 Lara Rangiwhetu, Nevil Pierse, Helen Viggers and Reversing the Degradation of New Zealand’s Philippa Howden-Chapman 65 Environment through Greater Government ‘Unfair and discriminatory’: which regions Transparency and Accountability does New Zealand take refugees from and why? Murray Petrie 32 Murdoch Stephens 74 Funding Climate Change Adaptation: ICTs as an Antidote to Hardship and the case for a new policy framework Inequality: implications for New Zealand Jonathan Boston and Judy Lawrence 40 Catherine Cotter 80 Editorial – Free and Frank Advice and the Official Information Act This issue of Policy Quarterly leads with an important becomes known early in the process that they are under co-authored article on the challenge of balancing two active consideration. Volume 14 – Issue 2 – May 2018 of the fundamental constitutional principles embodied In short, ‘speaking truth to power’, while in the Official Information Act (OIA). The first is that critically important, entails risks. Hence, a degree Policy Quarterly (PQ) is targeted at readers governments should be open and transparent, thereby of confidentiality is essential if officials are to have in the public sector, including politicians and enabling effective democratic participation and political the freedom and confidence to tender potentially their staff, public servants and a wide variety accountability. The second is that government officials contentious advice – and if ministers are to be willing to of professions, together with others interested should provide their ministers with ‘free and frank’ receive such advice and take it seriously. in public issues. Its length and style are advice (i.e. advice that is well-informed, empirically Has New Zealand struck an optimal balance intended to make the journal accessible to robust, honest, non-partisan and, when appropriate, between openness and confidentiality? And are officials busy readers. hard-hitting), thereby ensuring that decisions are providing advice that is sufficiently free and frank? Submissions: The journal welcomes based on robust information and analysis. The Such questions are not easy to answer. The contributions of about 4,000 words, written available evidence is patchy and some of it conflicts. On on any topic relating to governance, public article in question is doubly important because of the policy and management. Articles submitted authoritative positions held by the two authors: Andrew the one hand, there have been ongoing concerns over will be peer reviewed. Please submit articles Kibblewhite is the Chief Executive of the Department multiple governments that ministers too often thwart to the Editor: [email protected]. of Prime Minister and Cabinet and Head of the Policy the intentions of the OIA by withholding departmental Although issues will not usually have single Profession for the public service, while Judge Peter advice with which they disagree or which might prove themes, special issues may be published from Boshier is the Chief Ombudsman. That they have joined politically embarrassing if publicly released. On the time to time on specific or general themes, forces to provide insights and commentary on an issue other hand, the case is often advanced that the OIA perhaps to mark significant events. In such that goes to the heart of governmental integrity is most has had a ‘chilling effect’ on the provision of free and cases, and on other occasions, contributions welcome. frank advice. Officials, it is argued, have become too may be invited from particular people. While occupying different institutional roles, the compliant and exercise undue self-censorship; they Subscriptions: The journal is available in two authors agree on several basic considerations: often lack the resolve to ‘speak truth to power’. PDF format on the Institute for Governance first, the principles of governmental transparency and Andrew Kibblewhite, while acknowledging these and Policy Studies (IGPS) website: https:// the provision of free and frank advice are both critically concerns, maintains that ‘much free and frank www.victoria.ac.nz/igps/policy-quarterly important; second, the two principles are sometimes advice is still given by officials – the art is far from Readers who wish to receive it by email in tension – hence, neither can be fully realized across dead’. The problem, he contends, lies in a failure of should register as PQ subscribers igps@vuw. all policy areas without some loss to the other; third, officials to document their advice. But any such lack ac.nz. This service is free. for good government a balance must be struck and this of documentation is, presumably, related to a desire For all subscription and membership requires the exercise of wise judgment; and fourth, in to minimize political risk: after all, oral advice, while enquiries please e-mail [email protected] or striking such a balance it is possible to identify some covered by the OIA, is easier to conceal and more post to Institute for Government and Policy useful criteria. For instance, there is generally a stronger difficult to ‘release’. Interestingly, the results of a survey Studies, P.O. Box 600, Wellington. case for protecting the confidentially of advice provided conducted in 2017 by my colleague at Victoria University Electronic Access: The IGPS directs by officials at an early stage in policy deliberations than Chris Eichbaum, together with Richard Shaw of Massey interested individuals to its website: that tendered towards the end of the process. University, indicate that a substantial number of public www.igps.victoria.ac.nz where details of the What lies behind the tension between transparency servants believe that the appetite for providing free and Institute’s publications and upcoming events and hard-hitting advice? In many ways the problem has frank advice is not what it should be. Such results are can be found. to do with political risk. A brief explanation must suffice. of concern. Permission: In the interest of promoting Democratic accountability requires a high degree What, then, is the way forward? Hopefully, the debate and wider dissemination, the of governmental openness. This includes parliament recent amendments to the Cabinet Manual and the IGPS encourages use of all or part of the and the public having access to official papers and State Sector Act will help strengthen the incentives articles appearing in PQ, where there is no documents, not least those which contain policy for officials to provide free and frank advice – and element of commercial gain. Appropriate advice to ministers from public officials. Only if such for ministers to receive such advice. Likewise, the acknowledgement of both author and source information is publicly available is it possible to new principles-based guidance offered by the Chief should be made in all cases. The IGPS ascertain the basis upon which ministers have made Ombudsman – and summarized in his contribution to retains copyright. Please direct requests their decisions and assess the quality of the evidence Policy Quarterly – will reduce the uncertainties over for permission to reprint articles from this and advice that informed their judgments. Citizens also how the principles embodied in the OIA should be publication to [email protected]. need such information sufficiently early in the policy- interpreted. Editor: Jonathan Boston making process in order to participate effectively in Ultimately, however, much depends on the ethical Editorial Board: Barbara Allen, Guy Beatson, democratic deliberation. norms that guide our political leaders and those who Roger Blakeley, David Bromell, Simon Against this, government officials may be reluctant serve them. While managing political risk is important, Chapple, Jo Cribb, Girol Karacaoglu, Gerald to provide ‘free and frank’ advice – and/or ministers the paramount duty of government officials is to protect Minnee, Anneliese Parkin, Mike Reid and may be deterred from seeking it – if such advice is likely the public interest and safeguard our democratic Andrea Schollmann to become public, all the more so if it will be released institutions. Accordingly, as Dr Ken Henry, the former ISSN: 2324-1098 (Print) soon after its provision. To start with, officials will be Secretary to the Treasury in Australia, once observed, ISSN: 2324-1101 (Online) mindful of the risk of political embarrassment – and officials must provide the government with advice that Volume 14, Issue 2 – May 2018 Copy Editor: Rachel Barrowman hence possible electoral damage – if information is both responsive (i.e. advice that ministers need and Design & Layout: Aleck Yee is released highlighting significant disagreements want to hear) and responsible (i.e. advice that is needed

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