133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
26 November 2024
T+64 4 496 2000
John Luke
By email: [FYI request #28972 email]
Ref:
H2024055474
Tēnā koe John
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) relating to
nominations for the board of the Mental Health and Wellbeing Commission – Te Hiringa
Mahara, which was transferred from the office of the Minister for Mental Health, Hon Matt
Doocey to the Ministry of Health – Manatū Hauora (the Ministry) on 4 November 2024. Please
find a response to each part of your request below.
May I ask how you called for public nomination and on what platform you have call for
public nominations e.g. govt.jobs website. A copy of your ad as well.
The roles on the Mental Health and Wellbeing Commission Board – Te Hiringa Mahara (the
Board) were publicly advertised on the Ministry’s Careers webpage
(https://careers.health.govt.nz/) and the New Zealand Government Jobs website
(https://jobs.govt.nz/) from 27 March to 10 April 2024.
A copy of the advertisement that went on the Ministry and New Zealand Government Jobs
websites is appended to this letter in document 1.
how many applications you have received from the public and how many you have
received from other nominating agencies such as TPK or Ministry of women etc for your
role.
The Ministry received 17 applications from the public. Nominations were also sought from a
variety of nominating agencies and caucus and coalition party leaders. One nomination was
received from the National Party, two nominations were received from the Ministry for Women -
Manatū Wāhine and three nominations were received from the Ministry of Disabled People -
Whaikaha.
How many you have shortlisted and how many you have interviewed.
Four candidates were shortlisted. Of these, one was interviewed.
Also, can I request to view the appointment letter if there is one sent to the appointee.
One appointment letter was sent out and a copy is appended to this letter as document 2 with
some information withheld under section 9(2)(a) of the Act, to protect the privacy of natural
persons. I have considered the countervailing public interest in release in making this decision
and consider that it does not outweigh the need to withhold at this time.
I trust this information fulfils your request. If you wish to discuss any aspect of your request with
us, including this decision, please feel free to contact the OIA Services Team on:
[email address].
Under section 28(3) of the Act, you have the right to ask the Ombudsman to review any
decisions made under this request. The Ombudsman may be contacted by email at:
[email address] or by calling 0800 802 602.
Please note that this response, with your personal details removed, may be published on the
Manatū Hauora website at:
www.health.govt.nz/about-ministry/information-releases/responses-
official-information-act-requests.
Nāku noa, nā
Sarah Turner
Deputy Director-General
Government and Executive Services | Te Pou Whakatere Kāwanatanga
Page 2 of 3
Appendix 1: List of documents for release
#
Date
Document details
Decision on release
1
27 March 2024
Mental Health and Wellbeing
Released in full.
Commission advertisement
2
26 September 2024 Appointment letter of Wayne
Some information withheld
Langford
under section 9(2)(a) of the
Act, to protect the privacy of
natural persons.
Page 3 of 3
Document 1
ADVERT
Board member of Mental Health and Wel being Commission | Te Hiringa Mahara
The Mental Health and Wellbeing Commission | Te Hiringa Mahara aims to contribute to better and
equitable mental health and wellbeing outcomes for all people in New Zealand and perform an enduring
role in transforming New Zealand’s approach to mental health and wel being. It is an independent
Crown entity pursuant to section 7 of the Crown Entities Act 2004.
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Ministry of Health | Manatū Hauora (the Ministry) is seeking candidates who wish to be considered for
appointment as a member of the Mental Health and Wellbeing Commission | Te Hiringa Mahara Board.
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About the roles | Kōrero mō te tūranga
The role of Board members is to deliver on its legislative requirements and ministerial expectations. The
Board appoints and holds the chief executive to account and makes specific decisions for which it has
statutory independence. The Board is also responsible for supporting the organisation to deliver on its
goals, monitoring and reporting on the performance of the Commission, and its use of funds; and is
accountable to the Minister of Health.
About you | Kōrero mōu
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Members of the Board are appointed pursuant to section 29 of the CE Act. Section 8(1) of the MHWC
Act states that the Board of the Mental Health and Wellbeing Commission | Te Hiringa Mahara must
consist of three to seven members.
The Governor-General appoints members to the Board on the recommendation of the responsible
Minister for a period of office up to five years or shorter as spec
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Members can also be reappointed.
When recommending a person for members
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for members to collectively:
• have knowledge, understanding, and experience of
o te ao Māori, tikanga Māori, and whanau-centred approaches to wel being
o the cultural, economic, educational, spiritual, societal, environmental, and other factors
that affect people’s
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o mental health services and addiction services
o public health approaches and population health approaches to improving health
outcomes
o improving overall system performance
• have personal experience of mental distress
• have personal experience of addiction.
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Other desirable skills and attributes include:
• Significant board governance experience in public sector and/or private sector entities, including
an understanding of public sector accountability and the role of a Crown entity, and
demonstrated ability to contribute to robust decision-making processes.
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• Financial governance experience.
• The ability to lead strategically.
• Demonstrated experience working in areas with a focus on promoting people’s wellbeing.
• Knowledge of and/or experience with the health system.
How to apply | Me pēhea te tono
Applications must be made using the Ministry online Career Centre by close of business
Wednesday 10
April 2024 and must include:
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• a completed declaration form (attached)
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• a covering letter
• a current CV.
Due diligence checks will be undertaken for shortlisted applicants. Your personal information will be
handled in accordance with the Privacy Act 2020. The Ministry may also request that the New Zealand
Security Intelligence Service conduct national security screening of you as part of the appointment
process.
The outcome of the recruitment process wil be confirmed after it has been considered by the
Cabinet Appointments and Honours Committee.
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Who we are | Ko wai mātou
See the Ministry of Health Board appointments webpage for more information. If you would like to
obtain further information or clarification, or if your circumstances change or should you wish to
withdraw your application, please contact the Statutory Appointments and Integrity Services team by
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emailing: [email address]
We value diversity and are committed to working in an inclusive and respectful way. We welcome
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applicants from all walks of life and appreciate the richness of experience that your point of difference
could bring to the role. Please contact us if there is any support we can provide to ensure the
recruitment process is accessible to you.
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Terms of Reference for Te Hiringa Mahara | Mental Health and
Wel being Commission Board members
Context
Te Hiringa Mahara | Mental Health and Wellbeing Commission (Te Hiringa Mahara) is
established through the Mental Health and Wellbeing Commission Act 2020 (MHWC Act)
and is an independent Crown entity for the purposes of section 7 of the Crown Entities Act
2004 (the CE Act).
Terms and conditions of appointment
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Members of the Board of Te Hiringa Mahara (the Board) are appointed by the Governor
General under section 28(1)(b) of the CE Act on the recommendation of the Minister of
Health. As members of an independent Crown entity, remuneration arrangements for the
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Chair and members are set by the Remuneration Authority.
The effective dates of member appointments are set out in their appointment letters.
Members may hold office for a term not exceeding five years as per section 32(1)(b) of the
CE Act. Members may be reappointed. Should a member’s term expire they wil continue in
office until:
• the member is reappointed, or
• the member’s successor is appointed, or
• the Minister of Health informs the member by writ en notice that the member is not to
be reappointed and no successor is to be appointed at that time.
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Any member of the Board may at any time resign as a member by advising the Minister of
Health in writing.
Under section 39 of the CE Act the Governor-General may, at any time for just cause, on the
advice of the Minister of Health given after consultation with the At orney-General, remove a
member of the Board from office, by writ en notice to the member (with a copy to the Board).
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The notice must state the date on which the removal takes effect, which must not be earlier
than the date on which the notice is received and state the reasons for removal.
Under section 40 of the CE Act ‘just cause’ is defined as including misconduct, inability to
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perform the functions of office, neglect of duty, and breach of any of the col ective duties of
the board or the individual duties of members (depending on the seriousness of the breach).
Board composition
The Board wil consist of three to seven members, including a Chairperson (Chair).
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Members are required to possess the appropriate knowledge, skil s, and experience to carry
out their role. Collectively, the members of the Commission should:
• have knowledge, understanding and experience of:
o te ao Māori (Māori world view), tikanga Māori (Māori protocol and culture), and
whānau-centred approaches to wellbeing
o the cultural, economic, educational, spiritual, societal, environmental, and other
facto
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o mental health services and addiction services
o public health approached and population health approaches to improving
health outcomes
o improving overall system performance
• have personal experience of mental distress
• have personal experience of addiction.
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Objective and powers
The objective of the Te Hiringa Mahara is to contribute to better and equitable mental health
and wellbeing outcomes for people in New Zealand.
Te Hiringa Mahara has the power to:
• publicly report on any matters concerning the mental health and wellbeing of people
in New Zealand
• make recommendations to any person (including any Minister) on any matters
concerning mental health and wellbeing
• obtain information in accordance with sections 14 to 16 of the MHWC Act.
Functions and approach
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Te Hiringa Mahara will:
• assess and report publicly on the mental health and wellbeing of people in New
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Zealand
• assess and report publicly on factors that affect people’s mental health and wellbeing
• assess and report publicly report on the effectiveness, efficiency, and adequacy of
approaches to mental health and wellbeing
• make recommendations to improve the effectiveness, efficiency, and adequacy of
approaches to mental health and wellbeing
• monitor mental health services and addiction services and advocate improvements to
those services
• promote alignment, collaboration, and communication between entities involved in
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mental health and wellbeing
• advocate for the collective interests of people who experience mental distress or
addiction (or both), and the people (including family and whānau) who support them.
Te Hiringa Mahara wil not be required to investigate or advocate individual incidents or
cases. If it becomes aware of such cases requiring consideration, it wil refer these to the
appropriate agencies, for example, the Health and Disability Commissioner or other relevant
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authorities.
In carrying out its functions, Te Hiringa Mahara wil have particular regard to the experience
of, and outcomes for, Māori. Te Hiringa M
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of seeking the views of Māori and those Groups identified in Schedule 2 of the MHWC Act.
Te Hiringa Mahara must also have regard to:
• available evidence
• the cultural economic, educational, spiritual, societal, environmental, and other
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factors that affect people’s mental health and wellbeing
• actions undertaken that (or could be undertaken to):
o promote positive mental health and wellbeing
o build resilience and prevent poor mental health and wellbeing
o identify and respond to people experiencing poor mental health and wellbeing,
and the persons (including family and whānau) who support them.
Member duties and responsibilities
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Members should be familiar with all relevant legislation, and in particular the MHWC Act, the
CE Act, the Public Finance Act 1989 and the Public Records Act 2005. In particular, I draw
your attention to sections 9 to 11 of the MHWC Act and sections 25 to 26 and 49 to 61 of the
CE Act. These provisions describe the functions, duties and powers of Te Hiringa Mahara,
the Board’s role, accountability of members to the Minister, and the collective and individual
duties of Board members.
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It is also important that you read and understand Schedule 5 to the CE Act. This schedule
details Board procedure.
Members must ensure that they do not let advocacy of particular interests override or
undermine their responsibilities or duties as members of the Board.
Members must keep themselves familiar with the duties and obligations of their position at all
times. This includes the requirements set out under sections 49 to 52 of the CE Act for the
board to collectively:
• act consistently with Te Hiringa Mahara objectives, functions, statement of intent and
statement of performance expectations
• ensure Te Hiringa Mahara functions are performed efficiently and effectively, in a
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manner consistent with the spirit of service to the public, and in collaboration with
other public entities where practicable
• operate in a financially responsible manner.
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As Crown entity Board members, members of Te Hiringa Mahara are directly accountable to
the Minister of Health for their performance. Appointment as a member is made pursuant to
section 28(1)(b) of the CE Act. As a member of the Board, you wil be expected to:
• communicate and engage with other Board members in a constructive manner
• support the Chair and Deputy Chair
• prepare in advance for meetings and other duties
• demonstrate your commitment to the Board by attending all Board and commit ee
meetings (where relevant)
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• comply with the Board’s code of conduct or operating principles, and uphold the
Board’s vision and values
• be informed about the operating environment of Te Hiringa Mahara
• be commit ed to the Board’s continual improvement through participating in member
self-assessment processes
• undertake ongoing professional development and education (where relevant)
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• adhere to the ‘no surprises’ policy outlined below.
Al Board members are also expected to conduct themselves in line with the Code of
Conduct for Crown Entity Board Member
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2020. Consistent application of the Code is critical to ensure that public trust and confidence
in entities can be maintained. The Code can be found on Te Kawa Mataaho | Public Service
Commission’s website (www.publicservice.govt.nz).
Section 9 of the MHWC Act sets out additional col ective duties of the Board. The Board
must ensure Te Hiringa Mahara
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purpose of carrying out its functions, it has the capability and capacity to:
• uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles
• engage with Māori and understand the perspectives of Māori.
Sections 53 to 57 of the CE Act require individual members to:
• comply with the MHWC Act and the CE Act
• act with hones
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• act in good faith and not at the expense of Te Hiringa Mahara interest
• act with reasonable skil , diligence and care
• not disclose information gained in their capacity as a member (see also the ‘Conflicts
of interest and the duty not to disclose information’ section below).
In order for Te Hiringa Mahara to operate effectively, Board members must maintain the
confidence of Te Hiringa Mahara, including maintaining confidentiality of matters discussed
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at meetings, and any information or documents (not otherwise publicly available) provided to
it.
No surprises approach
The ‘no surprises’ policy is a critical component of maintaining ministerial trust and
confidence in your Crown entity. To this end, I ask that you provide your Chair with early
warning of any relevant issues before they arise, so that these can be dealt with further if
necessary.
A ‘no surprises’ way of working is not intended to interfere with a Crown entity’s independent
functions, nor with Boards’ operational responsibilities. Rather, it covers circumstances
where it is prudent for a Crown entity to disclose to the Minister issues that may require a
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Ministerial response, are possibly considered contentious, or which may attract wide public
interest (be it positive or negative). Open and effective communication between the Board
and the Ministry and the Minister of Health is vital to building strong relationships, while
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maintaining clear lines of accountability.
Conflicts of interest and the duty not to disclose information
I draw your attention to the disclosure of interest provisions in section 62 of the CE Act. It is
important for all members to have a thorough working knowledge of these provisions.
Please ensure that the conflict of interest statement you provided in your declaration form is
entered into the Board’s interest register. You must also ensure that any relevant change in
your circumstances that affects a matter disclosed in the statement is entered into the
Board’s interest register as soon as practicable after the change occurs.
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In undertaking the appointment process for this role, I also expect you to have fully
evaluated the extent of your conflicts of interest (if any) and considered how you intend to
manage them in a legal, ethical and good practice sense. It is important that any conflicts of
interest you may have are not so great that they compromise the confidence placed in you,
or prevent you from making an effective contribution to the Board.
It is absolutely essential that conflicts of interest are appropriately declared and managed.
Simply declaring a conflict of interest in itself does not am
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appropriate management of that conflict. I expect you to assist in ensuring an environment
exists around the Board table where conflicts of interest can be discussed and managed
both transparently and ef ectively. Failing t
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New Zealanders’ trust and confidence in the health system.
Conflicts of interest (either real or perceived) can be exacerbated by the inappropriate use of
information. A member who wrongly uses or discloses information that they have access to
through their position on the Board jeopardies my confidence in the Board and ultimately the
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confidence of the public. As outlined earlier, the duty not to disclose information is one of the
individual duties owed by members (section 57 of the CE Act). Members who fail to comply
with their duties may be removed from office.
Public statements
Only the Chair and the Chief Executive are authorised to comment publicly on matters
connected with Te Hiringa Mahara, and where appropriate, the Chair wil advise the Minister
of Health in advance. The Chair may delegate comment to other members.
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Indemnity
There is an exclusion of liability provision in section 121 of the CE Act that applies to you
where you have acted in good faith and with reasonable care in pursuance of your duties as
a Board member. To the extent that you consider it necessary in light of section 121, you
should make your own arrangements for professional indemnity insurance to cover your
work as a member of the Board.
