13 September 2019
LGOIMA No. 8140005445
(Please quote this in any correspondence)
Edwin Hollier
By Email:
[FYI request #10734 email]
Dear Edwin
Local Government Official Information And Meetings Act 1987
General manager licencing
I refer to your request which we received on 17 August 2019, about Section 56 (2)(c) of the
State Sector Act in relation to the appointment of the General Manager of Auckland
Council’s Licencing and Compliance department.
Our response to your request is set out below.
Is the Chief Executive aware of s56(2)(c) of the State Sector Act requiring "the
impartial selection of suitably qualified persons for appointment?
Was the Chief Executive aware of this during the selection process?
The State Sector Act does not apply to Auckland Council because it is not a department (or
departmental agency) in the public service. However, clause 36 of the Seventh Schedule of
the Local Government Act contains an equivalent provision that is relevant to Council as
local authority employer.
Al our managers including the Chief Executive are familiar with the requirements of clause
36, specifically an impartial selection process if there is a contestable situation and
appointing the best suited person to positions.
Did the Chief Executive receive any legal advice on this matter during the selection
process?
We can confirm that there was no need to seek legal advice on this matter when the Chief
Executive was considering the appointment to the General Manager, Licensing and
Compliance.
As previously advised in our response of 9 August 2019 the individual who was directly
appointed to the role had already demonstrated the necessary competencies, aptitude and
experience required for the position.
Does the Chief Executive believe the direct appointment was impartial?
We do not accept that clause 36 requires a contestable process in every recruitment
scenario, but rather that if there is a contestable process then the selection process must be
impartial. There are various scenarios where a good employer’s personnel policy wil allow
for the direct appointment of a suitably qualified individual. The primary consideration is that
established by clause 36(3)(a), which requires a preference to be given to the person best
Private Bag 92300, Auckland 1142 |
aucklandcouncil.govt.nz |
Ph 09 301 0101
suited to the position. In the circumstances of this particular appointment, the Chief
Executive determined that the appointee was well qualified for the role and therefore the
best suited person for the appointment.
Should you believe Auckland Council has not responded appropriately to your request you
have the right to seek a review of the decision from the Ombudsman.
If you have any further queries please contact me on 09 301 0101, quoting LGOIMA No.
8140005445.
Yours sincerely
Jenny Hua
Privacy & LGOIMA Business Partner
Democracy Services
Private Bag 92300, Auckland 1142 |
aucklandcouncil.govt.nz |
Ph 09 301 0101