24 March 2023
Harris Lee
[FYI request #21973 email]
Dear Harris
Official Information Request
Our Ref: OIA 2023-0042
I refer to your official information request received on 2 March 2023 for:
"Under the OIA I seek copies of any advice provided to ministers, including but not limited to
the Minister for ACC and the Prime Minister, relating to the application of the Code of
Conduct for Crown Entity Members
(https://www.publicservice.govt.nz/guidance/code-of-conduct-for-crown-entity-board-
members ) to the writings of the current Chair of the ACC.
I also seek any information held by the PSC, including internal emails, whatsapp messages,
signal message, text messages or records of conversations relating to comments by the ACC
Chair such as:
"The previous National government had to deal with an unanticipated event of their own in
the form of the 2008 Global Financial Crisis. They got the books back in balance but at the
cost of ignoring almost everything else. "
And "Labour is the battle-hardened team that can get the job done."
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.stuff.co.nz%2F
national%2Fpolitics%2Fopinion%2F300788564%2Fwithout-covid-labour-would-have-
made-more-
progress&data=05%7C01%7Ccommission%40publicservice.govt.nz%7C013159ea195a4396
e73208db1ac8b133%7C41e14a91587d4fbf8dead6aea7148019%7C0%7C0%7C638133222257
569250%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6
Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=9zcxHgudeo5iktwT8nWot7EFUE
bCmO4T%2BVof5D%2Foo4Y%3D&reserved=0
"In other words, if it is change voters want, they need look no further than the current
Government."
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.stuff.co.nz%2F
national%2Fpolitics%2Fopinion%2F300711880%2Fthe-2023-general-election-will-be-
about-who-can-fix-
things&data=05%7C01%7Ccommission%40publicservice.govt.nz%7C013159ea195a4396e7
3208db1ac8b133%7C41e14a91587d4fbf8dead6aea7148019%7C0%7C0%7C63813322225756
9250%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik
1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=izJe4sMM%2FI3xgwj8TTLhtRQwG
Wtyo7m%2B7R24FGl02Mg%3D&reserved=0
"This is where Trump, Johnson, Morrison, and other assorted clowns come into play"
[referring to conservative leaders of the USA, UK and Australia]
Level 10, RBNZ Building | 2 The Terrace | PO Box 329
Wel ington 6140 | New Zealand
Phone +64 4 495 6600

https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.stuff.co.nz%2F
opinion%2F300641842%2Fextreme-politics-are-not-the-answer-even-if-theyre-
tempting&data=05%7C01%7Ccommission%40publicservice.govt.nz%7C013159ea195a4396
e73208db1ac8b133%7C41e14a91587d4fbf8dead6aea7148019%7C0%7C0%7C638133222257
569250%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6
Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=zTib07UMtFCnJ0o8zUIH4r6AIesG
ZTYys%2Fe9FPI88%2FE%3D&reserved=0
I also seek any information you might hold on whether PSC believes the preponderance of
political comments by a Crown Entity board member may create an impression of political
partisanship even if any one comment is excusable”.
Our Response
At the time of your request, Te Kawa Mataaho Public Service Commission (Commission) did not hold
any information regarding the application of the Code of Conduct for Mr Steve Maharey.  Accordingly,
I have refused your request under section 18(e) of the Official Information Act 1982 on the grounds
that the information requested does not exist.
However, on  6  March  2023  the  Minister for the Public Service requested the Public Service
Commissioner’s (Commissioner) advice on the appropriateness of Mr Maharey’s opinion pieces and
any other similar public commentary by him and asked what, if any, action might be taken.
Please find outlined in the table below the advice the Commissioner’s provided to the Minister for the
Public Service on 7 March  2023,  which is publicly available on Te Kawa Mataaho Public Service
Commission’s website at the link also provided in the table.
Date
Document Description
Website Address
7 March 2023
Political Neutrality Advice
https://www.publicservice.govt.nz/assets/DirectoryFil
e/Political-Neutrality-Advice.pdf
If you wish to discuss this decision with us, please feel free to contact
[email address].
You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at www.ombudsman.parliament.nz  or
freephone 0800 802 602.
Please note that we intend to publish this letter (with your personal details removed) the Te Kawa
Mataaho Public Service Commission’s website.
Yours sincerely
Nicky Dirks
Manager – Ministerial and Executive Services
Te Kawa Mataaho Public Service Commission

Document Outline