Reference: 20250489
8 August 2025
John Luke
[FYI request #31476 email]
Dear John
Thank you for your Official Information Act (OIA) request transferred from ACC, on 11
July 2025. You requested the following:
I noted, you have recently call for nomination for Board of the Accident
Compensation Corporation
https://gazette.govt.nz/notice/id/2025-go3199
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. Also,
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. How many you have shortlisted and how many you have
interviewed. Also, can I request to view the appointment letter if there is one sent
to the appointee. I am happy for you to remove all the personal information.
Also, may I request the job description for the appointed role and what's pay
rate?
Information being released
As this was a reappointment made in accordance with the Crown Entities Act 2004,
there was no public call for nominations. Consequently, no applications, shortlisting, or
interviews were conducted, and no job description was provided for the reappointment.
Therefore, this part of your request is refused under, section 18(e) of the OIA, as the
document alleged to contain the information requested does not exist or cannot be
found.
I have decided to release the reappointment letter, subject to information being
withheld under the following section of the OIA, as applicable: section 9(2)(a) of the
OIA – to protect the privacy of natural persons, including that of deceased natural
persons.
Please note that there has recently been a call for nominations for an ACC Board
Chair.
Fees are currently $50,225 per annum for members.
In making my decision, I have considered the public interest considerations in section
9(1) of the OIA.
1 The Terrace
PO Box 3724
Wellington 6140
New Zealand
tel. +64-4-472-2733
https://treasury.govt.nz
Please note that this letter (with your personal details removed) and enclosed
document may be published on the Treasury website.
This reply addresses the information you requested. You have the right to ask the
Ombudsman to investigate and review my decision.
Yours sincerely
Stella Kotrotsos
Manager, Governance & Appointments
2
Dr Helen Nott
s9(2)(a)
Dear Dr Nott
I have pleasure in formal y offering you reappointment as a board member of the Accident
Compensation Corporation (ACC) for a period from 1 July 2025 up to 30 June 2028.
The appointment is made under sections 28-35 of the Crown Entities Act 2004 and is on the
basis that you:
•
have consented in writing to being a board member
•
have certified that you are not disqualified from being a board member
•
have disclosed the nature and extent (including monetary value, if quantifiable) of all
interests that you have, or are likely to have, in matters relating to ACC.
If at any time after your appointment you become disqualified from holding office as a board
member you must inform me immediately. A list of the persons who are disqualified from
holding office as a board member is set out in Section 30 of the Crown Entities Act 2004. The
appointment is also subject to the satisfactory completion of background checks.
Please note that you will hold office at the pleasure of the Minister, and that you may be
removed as a board member at any time, and for any reason, by written notice by the Minister
to the entity.
On taking up this appointment you will ensure that you are appropriately indemnified and
insured by the entity. You could discuss this with the entity’s management. You are welcome
to take out additional insurance at your own cost if you wish.
You will be aware that responsibilities placed upon board members have increased in recent
years and are still subject to significant change from time to time. If you have not already done
so, I strongly recommend that you make yourself familiar with the legal rights and obligations
of board members. A key element of your obligation is the need for confidentiality with regard
to the board and board committee discussions.
Schedule 1 to this letter sets out Ministers’ general expectations in regard to the avoidance of
conflict of interest situations by board members of Crown entities.
Please also ensure that you have familiarised yourself with the Code of Conduct for Directors
of Crown Entity Board Members, available on the Te Kawa Mataaho Public Service
Commission website, which sets out minimum standards of integrity and conduct you are
expected to follow. The Code reinforces the requirement of political neutrality which requires
all Crown entity Board members to act in a politically impartial manner, irrespective of their
political interests. Consistent adherence to this Code is critical to ensure that Crown boards
and board members conduct themselves in a way that maintains public trust and confidence.
It is also possible that you may be placed in a situation where, as a result of circumstances
which are not related to your position as a board member of ACC, your continuing to act as a
board member might nevertheless place ACC or the Minister in a difficult position.
Consistent with your duty to act in the best interests of ACC, if you find yourself in such a
situation you must take the initiative and raise the matter with the Chair, and if appropriate,
me. While there are no set criteria for such situations, examples include:
•
where legal proceedings have been, or are likely to be, brought against the board
member
•
where the board member has been, or is likely to be, subject to negative media or
public scrutiny
•
where the board member is placed in a situation of actual or perceived conflict of
interest
•
any issue affecting the board member’s ability to contribute to the board (for example,
as a result of other time pressures, extended overseas travel (ie more than two months,
il ness, etc)
•
where the board member is appointed to any position as an employee of the Crown,
or intends to undertake significant contract work for any Crown entity
•
any other similar circumstance which may place the entity or Ministers in a difficult or
embarrassing position.
I also expect you to familiarise yourself with the contents of the Owner’s Expectations
document which outlines Ministers' expectations of the companies ful y or partial y owned by
the Crown. The manual and related updates are at:
https://treasury.govt.nz/publications/guide/owners-expectations-manual.
I congratulate you on this reappointment and look forward to your ongoing contribution.
If you wish to accept the reappointment, please sign and return the “Agreement to Accept
Appointment” form copying in the addresses listed in the document.
Yours sincerely
Hon Scott Simpson
Minister for ACC
Crown Entity Board Members - Management of Conflicts of Interest - Schedule 1
Acknowledgement of Appointment
cc: [email address]
s9(2)(a)
[email address]
Crown Entity Board Members - Management of Conflicts of Interest - Schedule 1
It is necessary that appointees to Crown entity boards be advised of the expectations of the
Minister with regard to the management of conflicts of interest that may arise in the course
of their term.
Board members occupy a fiduciary position, which requires them to act bona fide in what the
board member considers is in the best interests of the entity. Accordingly, board members
are required not to place themselves in a position of a conflict of interest other than to the
extent al owed under the Crown Entities Act 2004.
It is expected that all board members make themselves familiar with their obligations under
the Crown Entities Act 2004. Nothing in this statement obviates any board member
responsibility in this regard. However, it is important that appointees are aware of the
additional expectations of the Minister with regards to conflicts of interests.
The Minister expects that no member of the Board of ACC or its subsidiaries will undertake
work for ACC. This expectation is not intended to preclude a board member from undertaking
assignments for the Board which properly fall within the definition of a board member’s
duties, but would preclude the board member carrying out, say, a consulting assignment for
the management of ACC.
The Minister also expects that board members of ACC should not be placed in a conflict of
interest through the involvement of an organisation with which the board member has an
ongoing substantial commercial or professional interest or employment, with a Crown entity
of which they are a board member. Two situations that could create a conflict of interest
where Crown entities engage organisations in which board members have such an interest
are:
1.
Where the organisation has been engaged for a one-off, specific assignment.
2.
Where the organisation engaged has an on-going involvement with the Crown entity.
With regard to the first situation, the Minister considers that, provided the concerned board
member declares his/her interest in the organisation to be engaged for the assignment and
takes the appropriate actions under the Crown Entities Act 2004 (eg refraining from voting), it
is unlikely that the organisation need be excluded from undertaking the assignment. To
exclude the organisation could unduly penalise organisations from competing for business,
especial y when they are in highly specialised areas.
However, the Board of ACC will also need to consider whether the affected board member
should be party to the service to be provided by his/her organisation to ACC. The Minister
expects a board member in this situation to distance themselves from the provision of service
or advice although, in a highly specialised sector, this may not always be possible. The ACC
Board should give careful consideration to a board member’s involvement in deliberations
on the assignment.
The second situation referred to above causes the Minister greater concern, ie where the
organisation engaged has an on-going involvement with ACC.
The situation can arise from the company engaging, say, legal, accounting or other
professional advice or services. Many of these firms are sources for a large number of board
members and the potential for conflicts of interest is high.
In principle, the conflict of interest provisions in the Crown Entities Act 2004 should provide
adequate direction against allegations of conflicts of interest, but the Minister has additional
concerns that those provisions may not entirely remedy the situation. A board member who
frequently stands aside from board decision-making places a greater burden on the
remainder of the Board. This can also deny the Board the skil s and experience of a board
member, which is not (generally speaking) in the best interests of ACC. There is also
potential for the Minister and boards to be significantly distracted by al egations of conflicts.
The need to address each allegation can be time-consuming.
Accordingly, the Minister wishes to convey to all board members an expectation that ACC
should not engage in an on-going arrangement with an organisation in which a board
member has an interest of the nature outlined in this letter.
The Minister is of the view that ACC should be beyond reproach. Following the expectations
of the Minister described in this statement should ensure that this is so. In the event that
exceptions to these measures appear appropriate, they should be referred to the Minister.
Acknowledgement of Appointment
Hon Scott Simpson
Minister for ACC
PARLIAMENT BUILDINGS
WELLINGTON 6160
Dear Minister
I acknowledge receipt of your letter reappointing me as a board member of the Accident
Compensation Corporation (ACC) for a period from 1 July 2025 up to 30 June 2028.
I confirm my acceptance of this appointment on the terms and conditions of the appointment
letter.
I will ensure that I keep myself fully familiar with the obligations and responsibilities of the
position, and ensure that the entity has taken any necessary steps to arrange for an indemnity
and/or insurance for me in my position as a board member.
I undertake to advise you, via Treasury, of any change in my circumstances that may have an
impact on my ability to continue to serve on the ACC Board.
Yours sincerely
Dr Helen NOTT
Date:
cc: [email address]
s9(2)(a)
[email address]
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