Education New Zealand
21 July 2023
Manapou ki te Ao
Level 5, Lambton House
160 Lambton Quay
PO Box 12041
Michael Gunson
Wel ington 6144
New Zealand
[FYI request #23257 email]
P: +64 4 472 0788
E: [email address]
Dear Michael
www.enz.govt.nz
www.studyinnewzealand.govt.nz
Official Information Act 1982 request – Education New Zealand Board
Member conflict of interest query
I acknowledge receipt of your official information request to Education New
Zealand Manapou ki te Ao (ENZ), received on 26 June 2023, seeking
information as below:
1. Whether there are any real or perceived conflicts of interest that have been
identified and recorded for Ziena Jalil, who has a position as a board member
at Education NZ and is working as Chief of Staff at Te Pūkenga – New Zealand
Institute of Skil s and Technology.
2. Can you provide information on how this conflict is being managed on behalf
of ENZ?
ENZ maintains a Board Member Register of Interests. ENZ adheres to
guidance issued by the Office of the Auditor-General and Te Kawa Mataaho
Public Service Commission, which includes being guided by the concepts of
integrity, honesty, transparency, openness, independence, good faith, and
service to the public. Additional y, ENZ also fol ows the Crown Entities Act 2004
in regard to Board conflict of interest declarations, specifically sections 62-72
‘Conflict of interest disclosure rules’.
Please find attached a copy of our Disclosure of Interest Policy, which is
applicable to al ENZ staff, including Board members.
We can confirm Ms Jalil discussed the role with Te Pūkenga with the Board
Chair and advised ENZ of the conflict of interest you referenced in your
request.
It is not uncommon for members of the ENZ Board to hold interests in the
education sector. Given this, we have robust processes in place to manage
conflicts.
Once each individual Board member receives copies of Board papers due to be
discussed, they are required to advise the Board Chair and Board Secretariat if
the Board Member Register of Interests needs to be amended to reflect their
current professional or personal circumstances and any real or perceived
conflicts of interest.
Once informed, it is at the Board Chair’s discretion as to how the conflict is
managed, consistent with our policies and guidelines.
In preparing this information release ENZ has considered the public interest
considerations in section 9(1) of the Official Information Act. 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
Education New Zealand
https://www.ombudsman.parliament.nz/ or freephone 0800 802 602.
Manapou ki te Ao
Level 5, Lambton House
160 Lambton Quay
Please note that it is our policy to proactively release our responses to official
PO Box 12041
Wel ington 6144
information requests, where possible. We do not publish requesters’ personal
New Zealand
information. We wil let you know when we respond to your request if we intend
P: +64 4 472 0788
to publish it. Please contact us if you have any questions about this.
E: [email address]
www.enz.govt.nz
www.studyinnewzealand.govt.nz
Yours sincerely
Di Solomon
General Manager
Government Relations
Disclosure of Interest – Policy and Declaration
What is the purpose of this policy?
This policy sets out the guidelines for the disclosure of interests that conflict or may conflict
with the interests of Manapou ki te Ao Education New Zealand (ENZ) or our sector partners.
Disclosure of conflicts of interest – see page 3
You will be asked to update and/or disclose any conflict of interest on an annual basis.
Who is covered by this policy?
This policy covers all board members, advisory board members, assessment panel
members, all staff globally, contractors, consultants, temporary and casual employees.
This is because our employees, board members and contractors to ENZ must uphold the
highest level of ethical conduct, objectivity and professionalism. The sector and suppliers
trust us with commercially sensitive information in confidence, which must not be used for
personal gain or disclosed for the benefit of others.
What is a conflict of interest?
• A conflict of interest is any situation where your duties or responsibilities as an employee
or office holder in a public organisation such as ENZ conflict or could be seen to conflict
with some other interest you might have outside of work.
• Having a conflict of interest does not necessarily mean you have done anything wrong. It
all depends on how you manage it.
under the Official Information Act 1982
• The “rules” for managing conflicts of interest in the public sector are generally stricter
than the private sector. The public needs to have confidence that decisions you make:
o
are made impartially and for the right reasons; and
o
are not influenced by personal interests or ulterior motives.
• Conflicts of interest should be identified as being either:
Released
o
Actual – where the conflict already exists; or
o
Potential – where the conflict is about to happen, or could happen; or
o
Perceived – where other people might reasonably think that a person has been
compromised.
1
How can conflicts of interest arise?
A conflict of interest may arise through a relationship, an activity, or strong personal views.
You may have a potential conflict of interest if, as part of your work duties, there is a
relationship with an interest from your personal life, for example:
• Family or other close personal relationships within ENZ
• Personal relationships with people in other organisations which deal with ENZ
• Other professional or personal associations with ENZ
• Beneficial interests in related trusts
• Related debts
• Shares or some other investment or asset which is related to ENZ’s work
• Receiving a gift, hospitality, free or subsidised travel/accommodation, an invitation to
lunch, dinner/sporting event, or other benefit from someone who has dealings with
ENZ
• Interests in related business partnerships or professional practices
• Secondary employment or your provision of services to another organisation while
you are working with ENZ
• Directorships or engagment in other ventures that ENZ has dealings with
• Strong political views or religious beliefs where you have made public comments on
that issue, including on social media. This will often mean the situation must be
managed on the basis that there is a conflict (even where you think otherwise).
Tips for managing conflicts of interest
1. Make sure you have read both this policy and ENZ’s Code of Conduct.
2. Declare any interests that might pose a conflict. This shows you are being open. It
will also help ENZ avoid putting you in a compromising situation.
3. Follow any guidance provided by ENZ when deciding how to manage a conflict.
4. As a minimum, declare any conflicts you have as soon as you become aware of
under the Official Information Act 1982
them, preferably in writing.
5. Think about how to manage the conflict. Get advice if you need to. Talk to your
manager, or if you are on a board, the chair.
6. You need to consider ethics as well as legal rules. Just because it is lawful to
participate, that does not necessarily mean it would be appropriate to participate.
7. If in doubt, declare.
Released
Support
• Talk to the People Culture and Capability team.
• Any questions on procurement matters, please see our
Procurement Policy.
Different types of conflict of interest
When you have to make a decision, ask yourself these questions.
FINANCIAL
A situation does not need to involve cash changing hands to be
considered a financial interest. A financial interest could, for example,
relate to an effect on the value of property.
Do you stand to gain or lose financially from the
decision?
A financial interest might be direct or indirect. In situations that someone
close to you or a business you are involved with has a financial interest,
Does somebody close to you – like an immediate
you might be considered to share their interest.
family member – or a business you are involved with
stand to gain or lose financially from the decision?
Commercial interests are generally treated more strictly than other types
of interest. If you have a financial conflict of interest, the law presumes
you are biased. Therefore, you should automatically treat a financial
conflict of interest seriously, even if it seems trivial to you.
NON-FINANCIAL
If you have a conflict of interest, but not one from which you stand to gain
or lose financially, the law does not automatically assume you are
Is someone close to you or an organisation you are
biased.
involved with likely to be affected by the decision you
make?
This does not necessarily mean a non-financial conflict is less serious
than a financial conflict – but there is generally more room for judgement
If so, is there a risk that you will be seen to be
about whether it is acceptable for you to participate.
biased in your decision because of this relationship
or association?
Questions you need to think about include:
• How close is your relationship with this other person or organisation?
• Will they be directly affected by the decision?
• How seriously will they be affected?
CONFLICT OF ROLES
The issue with a conflict of roles is not so much whether you personally
have a conflict, but whether the interests of the two organisations
Will a second organisation you have a role in (entity
conflict. If you have a conflict of roles, you will need to consider whether
B) be affected by the decision you are making for
it is appropriate for you to participate in the decision-making process “on
ENZ?
both sides of the table”. You will also need to think about whether you
are going to be able to fulfil your obligations to both entities at the same
If so:
time.
• Is there a risk that you will be seen to be acting in
the interests of entity B rather than ENZ?
If there is a risk that there might be conflicts at some point during the
•
decision-making process, you should discuss your situation with both
If you participate in this decision, is there a risk
entities. This gives each an opportunity to consider the risks from their
that you might breach obligations you owe to
perspective and decide whether they are comfortable with you
either entity – for example, a duty of loyalty or
under the Official Information Act 1982
participating on both sides.
confidentiality?
PRE-DETERMINATION
It is accepted that people working for public entities will have their own
views on many matters, and, in many cases, might already have views
Is there anything you have previously done or said
on what the “right answer” to an issue is.
that might make people think you are not going to
listen fairly to all the relevant information before you
You are not required to approach every decision as though you have
make your decision?
given it no prior thought or have no existing knowledge or opinion.
Released
However, you are required to keep an open mind, and you must be
prepared to change or adjust your views if the evidence or arguments
warrant it.
That means you need to take care that what you do or say does not
make it look like you have already made your decision (pre-
determination) before you have considered all relevant information and
evidence.
Declaration of Interest(s) under ENZ’s Disclosure of Interest Policy
Full Name ___________________________________
Position __________________________________
Office location __________________________________
Manager Name __________________________________
Manager’s Position ___________________________________
As an employee / contractor / board member of Education New Zealand (ENZ), please declare
any conflicts of interest by
circling what applies to you:
I DO
I DO NOT
Have direct or indirect interest in an arrangement, agreement, or contract made or
entered into by ENZ or that (as far as I am aware) ENZ is proposing to make
I DO I DO NOT
Have personal interests that may give rise to a conflict, potential conflict of
interest, in relation to ENZ or any of its current clients
Disclosure of interest
Assessment and steps to be taken
•
Describe the conflict of interest below
•
Assessment of interest: comment on impact of
•
Attach a page if you need more space (please inital
conflict
any additional pages)
•
Controls: detail steps to be taken to manage
conflict.
under the Official Information Act 1982
Released
___________________________
___________________________
Employee signature
Date
Managers assessment
A conflict of interest exists? YES / NO
4
For manager to complete:
If a conflict exists, mitigating action/controls taken e.g.
Referred to General Manager (GM) /
Chief Executive (CE); removed from assessment panel etc.
Controls:
___________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________
_____________________
Manager to sign
Date
If escalated by manager:
Relevent
GM or CE to assess interest disclosed and request further/approve controls
(dependent on impact of disclosure):
Controls:
___________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
under the Official Information Act 1982
_______________________________________________________________________
_______________________________________________________________________
Name
_____________________________________
Released
Date
_____________________________________
GM/CE signature
_____________________________________
Once approved, this declaration should be returned to the People, Culture and Capability Team.
Document Outline
