IPANZ E-Update - 30 April 2024
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PERSPECTIVES
Reliance on executive power diminishes public sector advice
Professor Richard Shaw writes in this article that the National-led coalition passed more legislation under parliamentary urgency during its first 100 days in office than any other MMP government. There are potentially some dangers in this. For example, the fast-track consenting legislation was prepared without comprehensive analysis of the possible impact on fisheries and the conservation estate. And ministers are making selective use of regulatory impact statements.
In short, the capacity of the public service to do its advisory job has been diminished.
Ministers are rarely experts in their portfolios. The point of a professional public service is to provide expert advice to those with the democratic mandate to make decisions. Ministers are free to not act on this advice. But failing to listen or even consider advice can undermine well-informed decision-making.
“In politics there is always a trade-off between decision-making efficiency and democratic effectiveness. New Zealand’s democratic institutions are not the preserve of ministers – they belong to everyone.”
The public administration aspects of the fast-track bill debate
The fast-track bill has been debated widely. The fundamental problem, from a public administration perspective, is well articulated in the submission by the Auditor General who focuses on transparency of decision making, conflicts of interest and the importance of trust in the public sector.
This blog notes that, should this become law, the threat of corruption can be reduced or avoided by removing the advisory committee and ensuring that Treasury undertakes a full cost-benefit-analysis, rather than a committee making judgements which could erode trust.
Does international law exist? Or is it a polite fiction?
We have heard a lot about transgressions against international law in recent months. International law is in practice often more lore than law as explored in this article. Almost none of this international law is enforceable against an unwilling country. If a country does not submit to a court in respect of a dispute, then the obligation cannot be enforced, and no remedy granted.
This consensual model of law is radically different to the everyday law inside a country. The force of criminal law does not require consent, and much of civil law is also not optional.
Even if there is no serious prospect of the matter ever being judicially determined, to say an action is not in accordance with international law requires the application of agreed rules to concrete, evidenced situations. Breaches of these rules should carry consequences, even if they cannot be rectified in law. So, the norms of international law are not meaningless despite the challenge of enforcement.
What might an experienced minister say to new ministers?
A former Welsh minister and academic has distilled the advice he would give to new ministers. Points most relevant to public servants include:
- Political judgement, even more than expertise, is what matters for Ministers.
- Do not use the jargon of public servants, demand clarity.
- Take time to reflect on the work of your department, and do not be afraid to stop things.
- Demand the tracking of implementation of your policies.
- Ask for long-term thinking from your department.
- Public servants are there to help, but they have their problems including not enough senior managers have done front line work, too much churn, and loss of institutional memory.
Do codes of conduct work?
Ensuring high levels of integrity is crucial in public administration. The public service integrity management system is a framework of legislation and institutions – and includes codes of conduct which define a written set of norms and behaviour for employees.
An Australian study (reported by ANZSOG) benchmarked how codes of conduct are monitored, reported, and reviewed. It found substantial inconsistency across jurisdictions, that the availability and accessibility of data was poor, and there are significant gaps (e.g. no data on staff’ working knowledge of codes of conduct nor on training and investigations).
Without more detailed and higher-quality reviews, it is not possible to know whether the codes of conduct are working as intended. What is the comparable New Zealand research?
The importance of “Growing Up in New Zealand”
Growing Up in New Zealand is “on hold” while government considers its future. It is a longitudinal study: it follows the same group of people over time. This allows it to say far more about cause and effect and is therefore a rich source of insights for public policy.
This article by Max Rashbrooke shows how this survey has so far helped to shape policy, and how vital it will be now and in the future for the government to be able to track the progress on some of its targets.
UPCOMING EVENTS
Te Kōrero Piriahi a te Rangatira - Wednesday 8 May, 12.30 - 1.30pm, Online webinar
IPANZ are supporting Te Rau Hihiri to bring you this virtual kōrero with Lil Anderson - Chief Executive, Te Arawhiti; Paula Rawiri - Deputy Chief Executive, Te Puni Kōkiri; and Janice Panoho - Te Kaihautuu Māori, Public Service Association Te Pukenga Here Tikanga Mahi.
Te Rau Hihiri will ask these rangatira for their advice and strategies for kaimahi Māori in the public service navigating the current environment.
For more information or to register for this event visit our website.
New Professionals: Digital Transformation: Navigating Aotearoa's Future Landscape - Wednesday 8 May, 5.15pm - 6.30pm, Auckland
Would you like to engage with expert leaders who can shed light on the impact of digitalisation and emerging technologies such as AI and machine learning on the public sector?
Join us for an interactive panel discussion hosted by IPANZ New Professionals where we'll delve into Aotearoa's current and future digital landscape. Our panel includes Liz Maguire from the NZ Transport Agency Waka Kotahi, Paul James from the Department of Internal Affairs, and Kate Sutton from Deloitte.
For more information or to register for this event visit our website.
New Professionals: Meet the Chiefs breakfast with Phil Wilson, CEO, Auckland Council - Friday 10 May, 7.15 - 8.30am, Auckland
Join IPANZ New Professionals for their first Meet the Chiefs event of the year. Phil Wilson, Chief Executive of Auckland Council will join attendees for breakfast and a wide-ranging conversation about his priorities for the Council, his journey to date and what has driven him over his long and esteemed career in local government and beyond.
For more information or to register for this event visit our website.
Let’s talk about public policy apprenticeships - Tuesday 21 May, 12.00 - 1.00pm, Online webinar
Tune in as IPANZ Executive Director Kay Booth is joined by Josh Williams, Head of Consulting at Skills Group and National Co-ordinator for the Global Apprenticeship Network in New Zealand.
They will discuss Josh's view that our education and skills system should be expanded to include apprenticeships as a core training model for public policy professionals. This will increase and improve diversity and ensure agencies are securing the future from a capability development perspective.
For more information or to register for this event visit our website.
Parliament in Practice - Wednesday 14 August, all day, Wellington
This introductory seminar is designed for departmental and crown entity kaimahi. It provides attendees with a unique opportunity to learn about the operations of Parliament from those working within Parliament walls and who are tasked with overseeing the roles and functions of Parliament.
For more information or to register for this seminar visit our website.
IPANZ NEW PROFESSIONALS NETWORK
Join the IPANZ New Professionals Leadership Team in Wellington
Are you a Wellington-based kaimahi working in the public sector, and are you looking for an opportunity to supercharge your professional development? Then join the IPANZ New Professionals’ Leadership Team (NPLT)!
The NPLT is based across Auckland and Wellington, and comprises of a mix of public sector and private/public sector adjacent team members. We plan and deliver events and offerings targeted at public sector professionals in the first 10 years of their careers – aka, New Professionals.
We are looking for 2-3 representatives from public sector organisations in this recruitment round. For more information and how to apply visit our website.
STAY IN TOUCH
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