Document 1 - Candidate interview findings
MSAC Recruitment
Selection Panel
Mark Gilbert, current MSAC Chairperson and MSAC member since 2013
out of scope , Targeted Investment & Infrastructure Manager, Injury Prevention, ACC
Kirsty Clarke, Beyond Recruitment
Background
MSAC is made up of 8 members including the Chairperson and quorum requires at least 4 members, one of which must be Chair or deputy Chair
MSAC currently has 3 current members including the current Chair – Mark Gilbert (Chair), Alan Petrie and David Golightly.
Mark Gilbert is supporting recruitment of new Council members but is expecting to conclude his tenure as soon as the new Council and Chairperson
is appointed by the Minister.
Alan Petrie and David Golightly wish to continue serving as MSAC members and can provide essential continuity and support for any new Council
members.
Objectives
Identify and secure the services of 4-6 new Members to ensure MSAC quorum (4) going forward
Identify candidates capable of serving as Chairperson or Deputy Chairperson given probable makeup of MSAC;
Optimise diversity of the Council
o Lived experience
o Cultural
o Geographical
o Gender
o Motorcycle tribe
o Skills and experience
o Age
Candidates interviewed and STAR Scoring
out of sco
Candidate
Current
MC Riding
Geographic
Age
Gender
Ethnicity
Possible
Possible
Mark
Kirsty’s
Proposed
Primary Role
experience
base
Chair
Deputy
Score
Score
Score
Term
(Yrs)
Chair
(#/50)
(#/50)
(#/50)
Mark
Director
Current Chair – concluding MSAC tenure
Gilbert
1.
Alan Petrie
GM Yamaha
<20 yrs
Auckland 55-65 He Pakeha
s9(2)(a)
Existing Member – providing
3
continuity
2.
David
Insurance
<20 yrs
Canterbury
55-65
He
Pakeha
Existing Member – providing
2
Golightly
Professional
continuity
Janice
Retired /
<20yrs
Northland
55-65
She
Pakeha
9(2)(a)
Millman
consultancy
3.
Maarama
Physio
<20
yrs
Wellington
55-65
She
Māori
3
Davis
s9(2)(a)
Retired
<20 yrs
Bay of Plenty
55-65
He
Pakeha
Commercial
<20 yrs
Auckland
55-65
He
Pakeha
2
Property Mgr
Academic,
<20 yrs
Wellington
55-65
He
Pakeha
3
Radiologist
6.
Fale Lesa
Director
<10 yrs
Counties
30-35 They Pasifika
2
Manukau
7.
Colin
Senior Public
<20 yrs
Wellington
55-65
He
Pakeha
2
McGregor
Servant
s9(2)(a)
Investment
Learners
Auckland
25-30
He
Pakeha
Analyst
license
8.
Garry
Snr Public
<20 yrs
Canterbury
55-65
He
Pakeha
3
Williams
Servant
Conclusions:
1. The quality of MSAC applicants was high
2. 8 applicants were shortlisted and interviewed by the Interview Panel
3. Alan Petrie and David Golightly should be retained as MSAC members and the balance of membership should be made up of new members
4. 6 strong candidates have been identified to recommend to the Minister, two of which are capable of serving as Chair or Deputy Chair.
5. 9(2)(a)
presented strong cases for membership but:
a. s9(2)(g)(i)
b.
Next Steps
out of sc– inform successful candidates (subject to reference checks, MoJ checks and discuss Chairperson role with Colin and Garry. Ensure candidates
understand ACC can only make recommendations and it is the Minister’s tole to appoint the Council
out of – Inform unsuccessful candidates
out of scope– Undertake reference checks and MoJ checks
out of scope - Set out recommendations for MSAC membership and Chairperson for Ministerial consideration asap. Note recommendations may have to
be subject to reference and Ministry of Justice checks if the Minister would like recommendations prior to the Officials meeting on 16 September.
Tt Kaportih•na A.wh.inaHung:aWhu1
Document 2
Date
16 September 2021
Priority
Non-Urgent
Security
In-confidence
Briefing paper no:
GOV-011934
classification:
Action Sought
Action sought
Deadline
Hon Willie Jackson,
Note that the Motorcycle Safety Advisory Council is made up of
24
Associate Minister
eight members (including the Chairperson). A quorum requires at
September
least four members, one of which must be the Chair or Deputy
for ACC
2021
Chair
Note that Alan Petrie and David Golightly have expressed a
desire to continue serving as members of the Council
Agree to reappoint the following existing members of the Council
as members:
i.
Alan
Petrie
ii.
David Golightly
Note that Mark Gilbert is expecting to conclude his tenure as
soon as the new Council and Chairperson is appointed
Agree to sign and send the attached letter for Mark Gilbert as
acknowledgement of his service as Chairperson of the
Motorcycle Safety Advisory Council
Note that eight external applicants were interviewed by a panel
represented by ACC, the current chair of the Motorcycle Safety
Advisory Council and an independent recruitment agency
Note that six candidates have been shortlisted as recommended
candidates (including Deputy Chairperson and Chairperson)
Agree to appoint the following candidates as members (including
Chairperson and Deputy Chairperson):
i.
Maarama Davis (member)
ii.
s9(2)(a)
iii.
s9(2)(a)
iv.
Fale Lesa (member)
v.
Colin McGregor (Chairperson)
vi.
Garry Williams (Deputy Chairperson)
Note advice from Te Kawa Mataaho Public Service Commission
on whether appointment and reappointment to the Council
required confirmation through the Appointments and Honours
Committee (APH) states that if the final classification is below
Group 4, Level 2, they are comfortable supporting the
recommendation that these appointments are treated as minor
and do not need to go to APH.
Note that following this advice, ACC has confirmed a rating of
Level 4 (below Level 2) and as such, recommends that the
reappointment of members be treated as 'minor' and do not need
to go to APH for confirmation.
Agree to treating the appointment and reappointment of
members as minor and not go to APH for confirmation
Contact for Telephone discussion (if required)
Name
Position
Telephone
1st contact
out of scope
out of scope
Head of Injury Prevention
Manager Targeted Investment
✓
MBIE consulted:
No
Supporting documents:
No
2
ACC Briefing Paper: GOV-012983 Motorcycle Safety
Advisory Council appointments
Report to: Associate Minister for ACC
Recommended actions
It is recommended that you:
a.
Note that the Motorcycle Safety Advisory Council is made up of eight members
(including the Chairperson). A quorum requires at least four members, one of
Noted
which must be the Chair or Deputy Chair
b.
Note that Alan Petrie and David Golightly have expressed a desire to continue
Noted
serving as members of the Council
c.
Agree to reappoint the following existing members of the Council as members:
I. Alan
Petrie
Agree/Disagree
II. David
Golightly
Agree/Disagree
d.
Note that Mark Gilbert expecting to conclude his tenure as soon as the new
Noted
Council and Chairperson is appointed
e.
Agree to sign and send the attached letter for Mark Gilbert as
acknowledgement of his service as Chairperson of the Motorcycle Safety
Agree/Disagree
Advisory Council
f.
Note that eight external applicants were interviewed by a panel represented by
ACC, current chair of the Motorcycle Safety Advisory Council and an
Noted
independent recruitment agency
g.
Note that six candidates have been shortlisted as recommended candidates
Noted
(including Deputy Chairperson and Chairperson)
h.
Agree to appoint the following candidates as members (including Chairperson
and Deputy Chairperson):
I.
Maarama Davis (member)
Agree/Disagree
II. s9(2)(a)
Agree/Disagree
III. s9(2)(a)
Agree/Disagree
IV. Fale
Lesa
(member)
Agree/Disagree
V. Colin
McGregor
(Chairperson)
Agree/Disagree
VI. Garry
Williams
(Deputy
Chairperson)
Agree/Disagree
i.
Note advice from Te Kawa Mataaho Public Service Commission on whether
appointment and reappointment to the Council required confirmation
through the Appointments and Honours Committee (APH) states that if the
final classification is below Group 4, Level 2, they are comfortable
Noted
supporting the recommendation that these appointments are treated as
minor and do not need to go to APH.
j.
Note that following this advice, ACC has confirmed a rating of Level 4
(below Level 2) and as such, recommends that the reappointment of
members be treated as ‘minor’ and do not need to go to APH for
Noted
confirmation.
k.
Agree to treating the appointment and reappointment of members as minor
and not go to APH for confirmation
Agree/Disagree
3
out of scope
Head of Injury Prevention
Accident Compensation Corporation
Date: 16 September 2021
Hon Willie Jackson
Associate Minister for ACC
Date: 24 September 2021
4
Purpose of paper
1. This paper provides recommendations on candidates for appointment as members of the Motorcycle
Safety Advisory Council.
Background
2. In April 2020, ACC briefed you on options for the future of the Council [GOV-008173 refers]. You
agreed to:
a. The updated Terms of Reference for the Motorcycle Safety Advisory Council.
b. ACC to undertake the appointment recommendations for your approval.
c. ACC to recommend appointment of up to four current Council members and no less than
four new Council members.
d. Review
the need
for
the
Council prior to
30
June
2022.
3. ACC further advised you that the terms of all Council members, including the Chair, expired by 30
June 2020. However, changes to the terms of reference in 2019 allowed the members to continue
acting in their roles post-expiry until you reappoint them, or other arrangements are made.
4. The Motorcycle Safety Advisory Council is made up of eight members (including the Chairperson). A
quorum requires at least four members, one of which must be the Chair or Deputy Chair.
Overview of recruitment process
5. ACC underwent a two-stage recruitment process to appoint members to the Council:
a. Stage one – determining interest of and ascertaining suitability of existing Council
members for reappointment.
b. Stage two – going to market to appoint new Council members to ensure increased
diversity (cultural, gender and other) of the Council.
Stage one – reappointment of existing Council members
6. In August 2021, ACC advised that Janice Millman, Johan Bosch and David White completed their
service as members of the Motorcycle Safety Advisory Council on 23 June 2021. Three members
remain:
a. Mark Gilbert (current Chair)
b. Alan
Petrie
c. David
Golightly
7. Mark Gilbert is supporting the recruitment of new Council members in his capacity as acting Chair
but is expecting to conclude his tenure as soon as the new Council and Chairperson is appointed.
ACC has drafted a letter to thank and recognise Mark’s service to the Council and New Zealand’s
Motorcycling Community.
8. As the Council is a Ministerial Advisory Council, ACC recommends that the letter of
acknowledgement be signed by you as the Minister responsible for the Council. ACC recommends
that you sign the attached letters and have them sent by your office.
9. The letter is attached at Appendix 1 for your signature.
10. Alan Petrie and David Golightly wish to continue serving as members of the Council and ACC
support their application to provide essential continuity and support for new Council members.
Stage two – external appointment
11. ACC sought to appoint the balance of the Council via an external recruitment process led by the
ACC Talent team.
5
12. Following conversations with your Office, the recruitment process focused on increased diversity
and cultural and gender representation on the Council.
13. Eight applicants were shortlisted and interviewed by a panel consisting of:
a. out of scope
, Targeted Investment & Infrastructure Manager, Injury Prevention, ACC
b. Mark Gilbert, current Chair of the Motorcycle Safety Advisory Panel and member since
2013
c. Kirsty
Clarke,
Beyond
Recruitment
14. All applicants were of a high calibre and brought a breadth of experience and insight from the
motorcycle community. ACC recommend six of these candidates to you for appointment to the
Motorcycle Safety Advisory Council1. The CV’s of the six recommended members are attached at
Appendix 2.
15. A range of terms of service has been proposed to avoid all appointments expiring at the same time.
16. Shortlist of recommended candidates summarised in table below:
Candidate Current
primary
role Geographic
Gender Ethnicity Recommended
term
base
Maarama
Physio Wellington
She
Māori 3
Davis
s9(2)(a)
Commercial Property
Auckland He Pakeha 2
Manager
s9(2)(a)
Academic, Radiologist
Wellington
He
Pakeha
3
Fale Lesa
Director
Auckland
They
Pasifika
2
Colin
Senior Public Servant
Wellington
He
Pakeha
2
McGregor2
Garry Williams3
Senior Public Servant
Canterbury
He
Pakeha
3
Alan Petrie
GM Yamaha
Auckland
He
Pakeha
3
David Golightly
Insurance Professional
Canterbury
He
Pakeha
3
Advice from Te Kawa Mataaho
Financial implications
17. The Council is classified as a Group 4, Level 4 body under the Cabinet Fees Framework. This is a
change in level due to the necessary rescoring of the roles of members given significant changes to
the Terms of Reference in 2020.
18. The agreed remuneration for the role of members is between $190 - $270 (excluding GST) per
meeting, and between $250 - $365 (excluding GST) per meeting for the role of the Chair. The
proposed remuneration is in line with the Cabinet Fees Framework and has been set out in the table
below.
1 Two unsuccessful candidates presented strong cases for membership but one was strong commercially, whilst
scoring lower than the others and the other was very new to the motorcycle community. Consideration was given to
the benefit of including a member to represent new riders, but concluded that Customer Advisory Panels could
provide more valuable and broader market insight.
2 Recommended as Chairperson
3 Recommended as Deputy Chairperson
6
Table One: Remuneration implication for Chair and Members of the Council
Level Fees range – chair Fees range - members
1
$540 - $1,150
$405 - $865
24
$390 - $885
$290 - $560
3 $280
-
$575
$205 - $395
4 $250
-
$365
$190 - $270
5 $205
-
$265
$150 - $205
Confirmation of appointment
19. In September 2020, ACC sought advice from Te Kawa Mataaho Public Service Commission on
whether appointment and reappointment to the Council required confirmation through the
Appointments and Honours Committee (APH) given the reduction in responsibility and scope of the
Council through the amended Terms of Reference.
20. Te Kawa Mataaho advised: s9(2)(g)(i)
we would
support you in recommending to your Minister that the appointments are treated as minor and do not
need to go to APH.’
21. Following this advice, ACC has confirmed a rating of Level 4 (below Level 2) and as such,
recommends that the appointment of members be treated as ‘minor’ and do not need to go to APH
for confirmation.
22. If you disagree with the recommendation and choose to take the reappointments to APH, ACC will
prepare a Cabinet paper to be presented to APH, recommending the appointment of members.
Next steps
23. Following your agreement to ACC’s recommendations, we will confirm membership with successful
applicants and agree a time for the next MSAC meeting.
24. Should you wish to attend this meeting to welcome new members, ACC will liaise with your office to
arrange.
25. If you choose to progress confirmation of appointments through APH, ACC will draft a Cabinet paper
to support this conversation.
26. Officials are available to discuss this paper or provide further information at your convenience.
4 Previous ToR have been scored at a level 2 fees range with the chair receiving a daily rate of $850 and members $500.
7
Document 3
Interview Booklet
POSITION TITLE
Motorcycle Safety Advisory Council
DATE
31/8/21 to
(MSAC) Member
1/9/21
CANDIDATE
INTERVIEWER(S)
out of scope - ACC, Mark Gilbert – MSAC
Chair, Kirsty Clarke – Beyond Recruitment
INTERVIEW PROCESS
PREPARATION CHECKLIST
Preparation Checklist
Prepare
for
Key Background Review by reviewing
application materials, including curriculum vitae and any
application forms. Decide which jobs/experiences are most
relevant to the target job.
Key Background Review
-
Note any jobs/experience or gaps in employment you
would like further clarification on.
Opening the interview
Prepare
interview
questions:
-
Behavioural Competencies: Apply levelled questions
Questions:
according to the pre-determined competency &
Behavioural Competency Questions
experience levels for the role. Please contact your
Job Specific Questions
Recruitment and Selection Consultant if you are
Job Fit Questions
unsure. Modify questions to better fit candidate’s
experience if necessary.
-
Role Specific: Add any role specific questions under
Closing the Interview
this section
-
Role Fit: Select 1-2 questions.
Estimate the time needed to cover each section of the
Post Interview Summary
Interview Guide
INTERVIEW TIMING (
INDICATIVE – MAX 60 MIN)
5 minutes
Introductions, opening the interview and Teams Meeting protocols
10 minutes Candidate presents brief summary of views as per Exercise set out
15 minutes Background questions
15 minutes Competency questions
10 minutes Candidates questions and or opportunity for supplementary questions
5 minutes
Close meeting and thank candidate for time.
5 minutes
Intuitive Candidate rating – Strong, Satisfactory, Unsuitable.
OPENING THE INTERVIEW
Greet the candidate, giving your name and position.
Explain the interview’s purpose:
-
To acquaint interviewers and candidate.
-
To learn more about the candidate’s background and experience.
-
To help the candidate understand the position and organisation.
-
Request a copy of their phot0 ID - candidate’s passport or drivers license.
Describe the interview process and:
-
Point out that you both will get information needed to make good decisions.
-
Indicate that you will be taking notes.
Explain that Mark’s role as Chair is coming to its conclusion and as such we are also
interested in determining interest in leading MSAC.
Make the transition to the Key Background Review section.
INTERVIEW EXERCISE
Context
ACC and MSAC have jointly prepared the Motorcycle Safety Strategy (MSS) illustration and ACC has
prepared a draft MSS performance dashboard intended to enable MSAC to fulfil its Purpose and Role
as set out in the MSAC Terms of Reference dated April 2021.
Appendix A, B & C should be provided to the candidates at least 72 hours prior any interview.
Role
Your role is to review the MSS and MSS performance dashboard as if you were a current MSAC
member and prepare a brief summary of your views on:
1. What do you see as the strengths and weaknesses of the one-page MSS?
2. What additional information you would need, if any, to confidently fulfil the Purpose and Role of
MSAC and why.
3. What you believe will be the most challenging elements of MSAC’s Purpose and Role to fulfil
and why.
Exercise
Please come along to the interview prepared to talk through the above brief.
You can present the info (for up to 10 minutes) in the format you prefer (verbal, digital, print outs), but if
PPT slides are used, please limit these to no more than 5 slides.
Accident Compensation Corporation
Page 2 of 12
Assessment Guide (for ACC and MSAC use only)
Assessment Factors
Observations
1. Followed instructions
2. Understands MSAC’s
Purpose and Role
3. Customer (MC Rider) Focus
4. Reasoning & Clarity of
Communication
5. Focus on Governance /
Assurance requirements vs
Management / Operations
Accident Compensation Corporation
Page 3 of 12
INTERVIEW QUESTIONS
KEY BACKGROUND QUESTIONS
1. What are the key strengths you bring to this role and what motivated you to apply for it?
2. Tell us about your understanding of Government practices, policies and procedures and
how they may relate to the Purpose and Role of MSAC?
3. Can you please share your understanding of the differences between governance and
management?
4. Tell me how being and MSAC member might affect what and how you communicate with
motorcycle stakeholders?
Accident Compensation Corporation
Page 4 of 12
COMPETENCY QUESTIONS
BEHAVIOURAL COMPETENCY: STRATEGIC AGILITY
I can see ahead clearly, can accurately anticipate future trends, have a broad knowledge and
perspective, and am outcome orientated.
Questions:
1. Tell me about a time when you were able to apply strategic thinking to ensure a key
outcome was delivered or a key decision was made.
SITUATION/TASK
ACTION
RESULT
Accident Compensation Corporation
Page 5 of 12
BEHAVIOURAL COMPETENCY: I AM CURIOUS - HE TANGATA MAHIRA
I am open to new ideas; I welcome feedback and seek opportunities to improve.
Questions:
1. Tell us about something work-related you have taught yourself in the last six
months. How did you go about teaching yourself this new skill or idea, and what
was the result? How did you share your knowledge?
2. Which NZ organisations do you believe are doing a great job of public engagement
and why?
SITUATION/TASK
ACTION
RESULT
Accident Compensation Corporation
Page 6 of 12
BEHAVIOURAL COMPETENCY: INTERPERSONAL SAVVY
I relate well to all kinds of people and all levels, build appropriate rapport, build constructive and
effective relationships, use diplomacy and tact and can diffuse high-tension situations comfortably.
Questions:
3. Tell me about a time when you had to use your interpersonal skills to diffuse a high-
tension situation and or build a constructive and effective relationship with a
challenging personality.
SITUATION/TASK ACTION
RESULT
Accident Compensation Corporation
Page 7 of 12
BEHAVIOURAL COMPETENCY: INTEGRITY AND TRUST
I am widely trusted, seen am as a direct and truthful individual that can present the unvarnished truth
in an appropriate and helpful manner. I admit mistakes, keep confidences and don’t misrepresent
myself or others for personal gain.
Questions:
4. Tell us what integrity and trust mean to you and why it is critical to this role.
SITUATION/TASK
ACTION
RESULT
Accident Compensation Corporation
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CANDIDATES QUESTIONS AND CLOSE
1. Give the candidate the opportunity to ask questions. (Note the questions asked here.)
2. Is there anything additional you’d like to mention that we haven’t already covered?
3. Are there any additional questions from panel?
End the Interview
Explain next steps in selection process.
-
Collect the pre-employment screening forms – ‘application form, criminal convictions, credit
check, copy of passport/drivers licence.
-
Explain the pre-appointment checks that will be completed in the final stages of the
recruitment process. Ask if there is any information ACC needs to be aware of that could
come through in the reports i.e. credit check and criminal convictions check
Thank the candidate for a productive interview
Intuitive Candidate Assessment (for review alongside scoring at the conclusion of all interviews)
Discuss intuitive views on the candidate and whether they are a:
Strong
candidate
Satisfactory
candidate
Unsuitable
candidate.
Accident Compensation Corporation
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POST INTERVIEW SUMMARY
1. Review STAR (Situation, Task, Action, Result) notes according to target position’s role requirements.
2. Appropriately determine a rate for each section in the summary table below using the following rating
system:
5
Exceptional
Significantly exceeds criteria for successful job performance
4
More Than Acceptable
Exceeds criteria for successful job performance
3
Acceptable
Meets criteria for successful job performance
2
Less Than Acceptable
General y, does not meet criteria for successful job performance
1
Much Less Than Acceptable
Significantly below criteria for successful job performance
0
Insufficient Information
No opportunity to observe or assess
Accident Compensation Corporation
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Summary Table
Elements of Interview
Score
Exercise
Exercise
/5
Background Questions
1. What are the key strengths you bring to this role and what motivated you to
/5
apply for it?
2. Tell us about your governance and or assurance experience and how this
/5
may affect your ability to fulfil the Purpose and Role of MSAC
3. Can you please share your understanding of the differences between
/5
governance and management
4. Tell me how being and MSAC member might affect what and how you
/5
communicate with motorcycle stakeholders?
Competency Questions
1. Tell me about a time when you were able to apply strategic thinking to ensure
/5
a key outcome was delivered or a key decision was made.
2. Tell us about something work-related you have taught yourself in the last six
/5
months. How did you go about teaching yourself this new skill or idea, and
what was the result? How did you share your knowledge?
3. Which NZ organisations do you believe are doing a great job of public
engagement and why?
4. Tell me about a time when you had to use your interpersonal skills to diffuse a
/5
high-tension situation and or build a constructive and effective relationship
with a challenging personality.
5. Tell us what integrity and trust mean to you and why it is critical to this role
/5
Candidates Questions
Candidate question quality
/5
TOTAL SCORE
/50
Reasons for Score
Accident Compensation Corporation
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Appendices:
1. MSAC Interview exercise instructions
2. MSAC Terms of References dates April 2021
3. One Page Motorcycle Safety Strategy (MSS)
4. MSS Performance Dashboard
Accident Compensation Corporation
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Document 4
12 October 2021
Hon Willie Jackson
Associate Minister for ACC
c/o out of scope
ACC
Justice Centre
19 Aitken St
WELLINGTON 6160
Dear Minister
I acknowledge receipt of your letter appointing me a member of the Motorcycle Safety
Advisory Council (the Council).
I agree to be engaged on the terms described in the letter of appointment sent by ACC on
your behalf and in line with those described in the Terms of Reference and Position
Description. I also confirm that I have read and accept the Expected Standards of Behavior
Policy.
I will disclose in writing to the Secretariat of the Council any conflict of interest or potential
conflict of interest that may exist now, or at any time during my term as a Council Member.
Yours sincerely.
Fale Andrew Lesā JP.
Document 5
11 October 2021
Fale Lesa
s9(2)(a)
By Email
Dear Fale,
Motorcycle Safety Advisory Council – Letter of Appointment
I have the pleasure of advising you that you have been formally appointed as a member of the
Motorcycle Safety Advisory Council (the Council) by the Associate Minister for ACC, Hon Willie
Jackson.
This letter, along with the enclosed Position Description, Terms of Reference and Expected
Standards of Behaviour Policy set out the terms of your appointment. Please read these
documents carefully and contact me if you have any questions or concerns. If you agree to be
engaged on these terms please sign and date the enclosed form acknowledging this
appointment and return it to ACC on behalf of the Associate Minister, retaining a copy for your
records also.
Appointment
Subject to you agreeing to the terms set out in this letter, you are appointed to the role of
Council member on the Council for a period of two years from 18 October 2021. This means
your appointment will terminate on 17 October 2023, unless terminated earlier by the
Associate Minister or in accordance with this letter.
Prior to the expiry of your appointment, you may be invited to re-apply for the position through
the recruitment process which will be run at the relevant time. Please note reappointment to
the Council is not guaranteed.
Services to be provided
As a Council member, you will be responsible for:
a. Advising the Minister whether ACC is effectively maintaining and executing a
motorcycle safety strategy and proactively working across Government to reduce the
volume and severity of motorcycle injuries;
b. Advising the Minister whether the MSL is:
i.
fully invested to reduce the volume and severity of motorcycle injuries; and
ii.
invested in compliance with the ACC Act.
c. Supporting the Minister to build trust and confidence with motorcycle communities
When providing the above services, you must perform and behave in accordance with this
letter of appointment, the Council’s Terms of Reference and Expected Standards of Behaviour
Policy.
Confidential information
You must not copy or use, disclose, or distribute, any confidential information of the Council
to any other party without the express agreement of the Council unless this is legitimately
required as part of the Council’s functions or required by law.
For the purposes of this appointment, “confidential information” includes but is not limited to
all information relating to the Council and/or its functions, procedures, practises, partners
and/or stakeholders, finances, strategies research, programmes and Council members
Hours and Remuneration
Your fee for providing services as a Council member shall be calculated based on the number
of hours for which services are provided each day. The maximum fee which will be paid per
day is 9(2)(a) plus GST. Fees for part days will be paid on a prorated basis at the rate of
9(2)(a) plus GST per hour.
The above fee is subject to the following:
•
Days on which services are provided:
o
It is anticipated:
▪
The Council will meet up to six times a year.
▪
Each Council meeting will require up to one day of meeting time and, for
Council members, up to one day of preparation.
The fees to be paid to you pursuant to this agreement are capped at 12 days per annum.
Any services which would require the payment of additional fees (“Additional Services”)
must be negotiated and agreed with ACC in writing prior to such services being provided.
Any fees to be paid for Additional Services shall be paid at the rate of 9(2)(a) plus GST
per hour, up to a maximum of 9(2)(a)
plus GST per day.
•
Fees will be paid as follows:
o
Payment will be made no later than the 20th of the month following receipt of an
invoice from you.
o
Invoices must be submitted within 14 days of the services being provided and must
relate to only the services provided.
•
You are responsible for the payment of any tax and accident compensation
levy/contributions.
Termination
As set out above, your appointment will terminate on 17 October 2023, unless terminated
earlier on one of the following grounds:
•
You terminate your appointment, providing no less than 8 weeks notice.
•
You are removed from office by the Minister for ACC.
Other
By agreeing to these terms of service, you consent to the Secretariat of the Council and/or
ACC disclosing your personal information to the Associate Minister in so far as it may be
relevant to your ability to provide the above services and/or comply with the Council’s policies.
If you require further information regarding your appointment, please contact me.
Yours sincerely
out of scope
Manager, Targeted Investment, Injury Prevention
Accident Compensation Corporation
out of scope
@acc.co.nz
Encl:
Position Description
Terms of Reference
Expected Standards of Behaviour Policy
Document 6
Position Description - Motorcycle Safety Advisory Council Chair and
Council Member
Background of Motorcycle Safety Advisory Council
The Motorcycle Safety Advisory Council (MSAC) was established in 2010 by the then Minister for
ACC with a purpose to advise ACC on the investment of the Motorcycle Safety Levy (MSL). A
review was commissioned jointly by ACC and MSAC to consider the council function in the current
environment. This has resulted in a revised Purpose, Role and Terms of Reference.
MSAC now exists to provide independent assurance to the Minister of ACC (or Associate Minister)
that ACC is investing the MSL effectively against the Motorcycle Safety Strategy, considering the
voice of the motorcycle community and fully leveraging government partnerships.
Purpose of role
The role of an
MSAC Council Member is to
represent the interests of all motorcycle and moped
users (a role that is broader than solely representing their organisation, club or group).
The
MSAC Council Chair will lead the council and provide summary reporting to the Minister of
ACC (or Associate Minister) on the investment of the MSL and performance in accordance with the
council Terms of Reference.
Key accountabilities and outcomes for MSAC Council Members
This assurance role requires the council to provide the Minister with confidence that:
o There is a robust, evidentially based strategy in place to reduce the volume and severity of
motorcycle injuries
o The voice of motorcyclists is captured and integrated into the strategy and interventions
delivered
o The MSL is fully invested and ACC provide transparency about the benefit of this to the
motorcycle community
o The performance of the strategy and its interventions are tracked and are delivering
reductions in the volume and severity of motorcycle injuries
o There are processes and systems in place to ensure government agents work together to
reduce the volume and severity of motorcycle injuries.
Experience, qualifications and skills
The Council Chair:
o Experience leading an advisory group to deliver sound advice through driven insights;
o Ability to facilitate a group of people by providing structure through planning and organisation
to achieve an outcome;
o Ability to engage with Senior Government Officials and represent the Council;
o Evaluation of existing assurance structures for effectiveness and best practice.
The Council chair and Council members, between them, should have the following mixture of skills
and experience:
o Knowledge of government processes including planning, budgeting and accounting for
investment of public funds
o Assurance and or governance experience;
o The ability to think strategically and focus on outcomes;
o The ability to interpret research and evidence;
o Experience building constructive working relationships;
o Credibility as a motorcycle communities advocate;
o The ability to engage and effectively build trust and confidence with key stakeholder groups,
and to communicate positively to such groups.
Each individual
MSAC Council Member will bring some of the skills and experience listed above.
The
MSAC Council Chair will assess each of the members to ensure that as a group, all of the
skills are covered in the knowledge and experience of Council members. The Motorcycle Safety
Advisory Council has up to eight members, including a Chair and Deputy Chair appointed by the
Minister for ACC.
Please make a clear expression of interest for the role of MSAC Council member and/or
MSAC Council Chair.
Applicants for the
MSAC Council Chair, in addition to the above skills, will require proven
leadership, governance and behavioural attributes with the ability to engage with senior government
officials.
Document 7
Motorcycle Safety Advisory Council Policies and Procedures:
Expected Standards of Behaviour Policy
1.
Policy Statement
This policy sets out the expected standards of behaviour for members of the
Motorcycle Safety Advisory Council (the Council). To ensure the reputation and
integrity of the Council is maintained, it is important these standards of behaviour are
adhered to.
2.
Objective
The purpose of this policy is to make clear the standards expected of Council
members and to set out the possible consequences of a breach of those standards.
3.
Scope
This policy applies to all members of the MSAC.
4.
Policy standards
Council members’ actions need to be able to withstand scrutiny from internal and
external parties. At all times, their behaviour and actions must be seen to be fair,
impartial, responsible and trustworthy.
In order to achieve the expected standard of behaviour, Council members must:
•
Be honest and act with integrity at all times.
•
Respect the rights of others by:
o
treating others fairly, courteously and without discrimination or harassment.
o
being respectful of, and responsive to, all cultures, values and beliefs.
•
Perform their duties to the best of their ability by:
o
ensuring they declare any potential for a conflict of interest immediately.
o
showing commitment to a high quality of work performed in a manner
consistent with the MSAC terms of reference and policies.
o
Making decisions appropriate to their role and being responsible for those
decisions and the actions that result from them.
•
Be supportive of ACC and the Minister for ACC.
•
Be supportive of their colleagues and accepting their responsibilities as a Council
member.
•
Make sure they manage Council and stakeholder relationships appropriately, so
they do not adversely affect the way Council members perform their duties.
•
Not commit any action which may damage the relationship of trust and
confidence between any of the following: the Council, the government (or any
member of parliament), ACC and/or other agencies or the community.
•
Promote the reputation and standing of the Council and ACC by:
o
acting with honesty and integrity in any personal dealings with ACC, the
Minister, Stakeholders or partners.
o
disclosing any conflict of interest or potential conflict of interest in writing to
the Secretariat as soon as this arises.
o
obtaining writ en approval from the Council Chair and Secretariat before
commencing any activity, business interest or employment that has the
potential to conflict with MSAC business.
o
ensuring their behaviour in relation to gifts and gratuities and managing
contracts and purchasing does not compromise (or appear to compromise)
their personal integrity of the Council.
o
maintaining the same standard of behaviour, as if they are performing their
duties as a Council member, when travelling on MSAC business or in
situations where they could be perceived as a representative of MSAC.
o
forwarding any media enquiries to the Chair, who wil either respond or
advise on how the query is to be handled.
o
behaving in a manner that wil not bring the Council, the Minister for ACC
or ACC into disrepute.
o
behaving in a manner that wil not cause injury to the Council, the Minister
for ACC or ACC.
o
advising the Council Chair or Secretariat if they are convicted of an offence
or if charges are laid against them during the term of their appointment.
o
maintaining appropriate boundaries and relationships with stakeholders,
ACC employees, the Minister for ACC and other Council members.
•
Act in a politically neutral manner by ensuring their:
o
behaviour maintains Ministerial and public confidence in the impartiality of
advice given and actions taken by the Council.
o
individual comments do not compromise either the Council, ACC or the
Minister for ACC.
o
participation in political matters does not bring them into conflict or the
appearance of conflict with their duty to act in a politically neutral manner.
•
Use MSAC information and property appropriately by:
o
being responsible for the security and confidentiality of all information dealt
with during their term of appointment.
o
using information obtained in their role as a Council member, including
their knowledge of MSAC’s systems and processes, only to perform the
Council’s business.
o
taking all reasonable steps to protect the privacy of stakeholder
members/employees.
•
Act within the law (in particular Accident Compensation Act 2001, Official
Information Act 1982, Privacy Act 1993, Human Rights Act 1993 and any other
relevant legislation).
•
Notify the Council Chair or Secretariat if a Council member believes someone in
MSAC is acting unethically or has been involved in serious wrongdoing.
The following may be deemed a serious breach of the expected standards of
behaviour:
•
Dishonesty of any kind.
•
Theft.
•
Corruption – accepting a bribe, inducement, reward or gift, or complying with a
request or threat to use your position to provide a benefit to any person or third
party, which has the effect of allowing inappropriate activity or compromising the
impartial performance of your duties.
•
Failure to declare any activity, business interest or employment that has the
potential to conflict with MSAC business
•
Criminal conviction, leading to imprisonment or adversely affecting your ability to
carry out your work.
•
Misuse or unauthorised possession or sharing of MSAC property and/or
information (eg misuse of financial information or stakeholder information).
•
Harassment of anyone you work with (eg Council member, stakeholder, partner).
•
Abusive or discriminatory statements or practices.
•
Fighting with, assaulting or abusing another person.
•
Drug, alcohol or substance abuse during working hours or work performance
affected by drug, alcohol or substance abuse.
•
Dangerous or unsafe work practices, including non-compliance with health and
safety legislation.
•
Any act that has the potential to bring the Council, the Minister or ACC into
disrepute.
•
Significant failure to comply with any MSAC policy or procedural requirements
•
Any behaviour of a similar type to those mentioned above.
5. Responsibilities
Council members are responsible for ensuring they are familiar with and adhere to the
terms of this policy.
The Council Chair is responsible for communicating this policy to Council members
and overseeing adherence to it by Council members.
6. Breaches of Policy
Repeated or serious breaches of this policy may result in the Minister removing the
Council member from office.
7. Contacts
If a Council member has questions in relation to this policy, they can contact the
Council Chair or the Secretariat.
8. References
This policy should be read in conjunction with the Terms of Reference and the Council
member’s letter of appointment.
Document 8
Terms of Reference
Motorcycle Safety Advisory Council (MSAC)
The ACC Committees and Groups – Code of Practice and the details below form the Terms of Reference of the Commit ee/Group.
Details
The
Minister established the
Motorcycle Safety Advisory Council (the Council) on
2011.
wil be active for an initial term of
2years, effective from
29 August 2024.
Term
The
Minister may extend the duration of the
[The Council] by amending these Terms of Reference and recording the
extension with the Corporate Secretary.
Purpose
The Motorcycle Safety Advisory Council (the Council) exists to provide independent assurance to the Minister for
ACC1 and motorcycle communities, that ACC:
i) Has developed, is maintaining and is executing a motorcycle safety strategy to reduce the volume and
severity of motorcycle injuries.
ii) Is employing proven processes, systems and procedures to ensure:
a) the voice of the motorcycle communities is integrated into its Motorcycle Safety Strategy; and
b) the motorcycle communities understand its Motorcycle Safety Strategy, how the MSL is invested
within the strategy and what results are being achieved.
iii) Is fully investing the MSL in accordance with the ACC Act and the Motorcycle Safety Strategy;
iv) Is successful y reducing the volume and severity of motorcycle injuries; and
1 Reference to the Minister for ACC in this document includes the Associate Minister/s for ACC
Motorcycle Safety Advisory Council Terms of Reference – August 2024
v) Is proactively working across Government to reduce the volume and severity of motorcycle injuries
and integrate its Motorcycle Safety Strategy in any whole of government road safety strategy
The
Council does not have delegated authority. It has authority to recommend to the Minister to make the following
decisions:
2 The Council’s primary role is to provide assurance to Government and motorcycle communities that ACC is
effectively investing the MSL:
i) Into a strategy and programmes that reduce the volume and severity of motorcycle injuries.
ii) In accordance with the ACC Act;
3 Specifical y, the Council will provide independent assurance to the Minister that ACC:
i) Has a Motorcycle Safety Strategy in place;
ii) Is ensuring the voice of the motorcycle communities is being integrated into the Motorcycle
Safety Strategy;
iii) Is ensuring the motorcycle communities understand ACC’s Motorcycle Safety Strategy, and:
Function
(1) how the MSL is invested within the Motorcycle Safety Strategy and what results are being achieved.
(2) The cumulative value of the MSL col ected to date, what percentage of the MSL has been invested
and in what programmes the MSL has been invested.
(3) How ACC’s Motorcycle Safety Strategy programmes are performing in relation to forecast
outcomes and ACC’s Injury Prevention targets; specifical y:
(a) Reduced fatalities and serious injuries;
(b) Claims reductions; and
(c) Return on Investment.
(4) How ACC’s Motorcycle Safety Strategy:
(a) aligns with any wider Government road safety strategy; and
(b) encourages other Government agencies to support reducing the volume and severity or
motorcycle injuries.
Motorcycle Safety Advisory Council Terms of Reference – August 2024
The Council is responsible for:
i) Advising the Minister whether ACC is effectively maintaining and executing a motorcycle safety strategy and
proactively working across Government to reduce the volume and severity of motorcycle injuries;
ii) Advising the Minister whether the MSL is:
Responsibilities
(a) fully invested to reduce the volume and severity of motorcycle injuries; and
(b) invested in compliance with the ACC Act.
iii) Supporting the Minister to build trust and confidence with motorcycle communities.
Bi-monthly. Online and in person at various locations .
1 The Council meets six times per year. Less frequent meetings (minimum of four) may take place at the
Meeting Frequency and
discretion of the Chair to a maximum of eight full days per annum.
Location
2 Council quorum requires at least four Council members, one of which must be the Chair or Deputy Chair.
3 The Council may invite agency representatives from ACC, NZTA, NZ Police and MoT to attend as required
from time to time.
8 Members (Quorum: 5)
Name
Term (Dates)
Executive Sponsor
Commit ee Chair
Garry Williams
Membership
Members
Angela McLeod (Deputy Chair)
11/7/2023 - 30/8/2025
Nikki Cameron
11/7/2023 – 30/8/2025
Andrew (Fale) Lesa
18/10/2021-18/10/2026
Alan Petrie
1/15/2015 -17/10/2024
David Haung
2/9/2024 – 2/9/2027
Daniel Hailes
2/9/2024 – 2/9/2027
Secretariat
out of scope
Motorcycle Safety Advisory Council Terms of Reference – August 2024
ACC will provide Secretariat support to the Council. This includes:
i) scheduling meetings (typically digital meetings), arranging venues and coordinating travel for Council
members;
ii) preparing agendas and Council meeting packs;
iii) taking minutes at Council meetings, and on-time reporting;
Secretariat Support
iv) producing summary reports for the Minister as required;
v) providing administrative support for the nomination, recommendation and appointment process;
vi) managing costs and reimbursements for Council members in accordance with ACC policy and Te Kawa
Mataaho advice and / or guidelines; and
vii) providing financial information, minutes and reports to ACC.
Any additional/special conditions particular to this Commit ee/Group can be added here.
Confidentiality
1 Confidential Information is information, including data and personal information, that is shared or made
available to the Group that is:
i) by its nature confidential,
ii) marked as 'confidential', 'in confidence', 'restricted' or 'commercial in confidence',
Additional/Special Conditions
iii) provided 'in confidence', or
iv) known or ought to be known is confidential.
2 Members agree to not use or disclose ACC’s or another member’s Confidential Information to any
person or organisation other than:
3 to the extent that use or disclosure is necessary for the purposes of their work with and on the Group,
4 if the party that controls the confidential information gives prior writ en approval to the use or disclosure,
5 if the use or disclosure is required by law (including under the Of icial Information Act 1982), Ministers,
Motorcycle Safety Advisory Council Terms of Reference – August 2024
parliamentary convention or any other regulation, rules or policy that is binding on that party, or
6 if the information has already become public, other than through a breach of the obligation of
confidentiality by one of the members.
7 If a member has access to personal information in connection with the Group, the member agrees to:
8 only use, access, store, process or transmit that personal information to the extent necessary to for their
work with and on the Group,
9 ensure that the personal information is protected against loss, access, use, modification, or disclosure
that is not authorised,
10 provide all information and assistance reasonably required by ACC or another member to comply with
their obligations under the Privacy Act 2020, and
11 comply with the Privacy Act 2020 and not do anything that would cause ACC or another member to
breach the Privacy Act 2020.
Appointment and removal of Council members
i) Council members are appointed for a maximum of three years by the Minister for ACC. Once their
term has ended, members may apply to be reappointed. Members may be appointed to the Council for
a maximum of ten years (including any appointments to the Council under former Terms of
Reference).
ii) Members whose terms have expired continue in their role until the Minister for ACC reappoints them,
replaces them, or removes them from the Council.
Working groups
12 Council members may be asked to participate in working groups led by ACC staff focusing on the
Motorcycle Safety Strategy. It is however clear that the Council is not an operational delivery group. This
is the role of the ACC.
Remuneration
13 Council members are entitled to sessional remuneration and travel expenses, in accordance with the
applicable Fees Framework for members appointed to bodies in which the Crown has an interest
(Cabinet Of ice Circular CO (19) 1 at July 2019). Council member fees wil be set by Te Kawa Mataaho.
Motorcycle Safety Advisory Council Terms of Reference – August 2024
ACC funding and support for the Council
14 The Council wil receive annual funding to fulfil its Purpose and Role. Funding is provided through ACC’s Injury
Prevention Budget. The Council and ACC will agree an annual budget provision each year, for the following
activities and operating expenses:
i) Council member remuneration.
ii) Council meetings and related travel, meals and accommodation.
iii) Provision of the Council secretariat support (via existing ACC FTE).
iv) Travel, accommodation, meals and incidentals relating to activities agreed with ACC to observe ACC
engagement with the motorcycle communities and direct engagements with the motorcycle communities
where this would assist in building trust and participation in motorcycle safety programmes.
Reporting
15 The Council will provide the following writ en reports to ACC and the Minister for ACC (or delegated
Associate Minister for ACC):
i) A six-monthly report in December each year, on all elements set out in the Councils Purpose; and
ii) An Annual report in June each year, that encompasses all elements of the six-monthly report and a review
of the Motorcycle Safety Strategy priorities for the following 12-month period.
16 If the Council believes ACC is not performing all elements set out in the Council’s Purpose, and has exhausted
efforts to agree otherwise with ACC, the Council wil provide a concise writ en report to the Head of Injury
Prevention at ACC and the Minister for ACC. The report wil set out concisely how the Council believes ACC is
failing to address one or more of the elements set out in the Council’s Purpose and what remedies the Council
believes are necessary.
17 Agendas and minutes of each meeting will be made available to ACC via the Secretariat support and may be
published online.
Review of the Terms of Reference
18 The need to retain the Council and the Council Terms of Reference will be reviewed at least once every two
years.
Motorcycle Safety Advisory Council Terms of Reference – August 2024
19 The review of the Terms of Reference will consider whether the Council has contributed positively to enabling
ACC and the Minister to build a strong level of trust and confidence with the wider motorcycle communities. The
Minister for ACC may make changes to the Terms of Reference, form, or membership of the Council at any
time.
Motorcycle Safety Advisory Council Terms of Reference – August 2024
Document 9
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