202112 RegisterOfInterests December.pdf

Arts Council and Committee Register of Interests

This Register records Arts Council members’ interests and conflicts of interest.

Arts Council and Committee members are required to identify, declare
Members are required to read, apply and stay familiar with
and manage all interests, and potential and actual conflicts which arise
the attached conflict of interest guidance.
from them, on an ongoing basis (see right).
❶  Identifying interests

There will always be conflicts of interest for funding bodies,

The term ‘interest’ has a very broad definition, from financial
particularly in a small country like New Zealand and in a close-knit
interests (like receiving direct financial benefits) right through
sector like the arts sector. The bigger issues sit around the timely and
to non-financial interests (like past or current business or
transparent identification and declaration of interests, the potential
personal relationships)
conflicts which arise from those, and whether these are able to be
appropriately managed once declared.
↓

The existence of an interest is not, in itself, what causes conflicts. The
❷  Declaring interests
key is to identify any overlap between the ‘private’ interest and that of

Members should declare all interests they have, at the earliest
being a member. Also, appearances in this area can be equally as
possible opportunity. A ‘golden rule’ is:
important as reality. It is often the risk of negative public perception
that requires management; some people refer to this as the ‘front

If in any doubt, declare it
page of the newspaper’ test.

↓
Conflicts of interest are defined and discussed in much greater detail
in the Code of Conduct section of the Governance Manual (Section
❸  Managing interests, and any conflicts which arise from them,
5.5), available in the Resource Centre section of Diligent Boards and
once declared
attached to this Register.

Interests, and conflicts of interest, must be managed honestly,

openly and transparently – this means taking a cautious

approach which ensures Creative New Zealand continues to

enjoy the trust and confidence of Parliament and the public.

Arts Council and Committee Register of Interests as at December 2021
1

List of Arts Council and Committee members’ interests

Likelihood of interest
Further description of interest
coming into conflict with
Name (office)/ Class
Nature of interest
(eg: monetary value of the interest (if quantifiable) or extent of the interest
matters before the Arts
of interest
(if the monetary value cannot be quantified) – where these interests are
(eg, entity, position held)
Council or Creative New
likely to conflict with matters before the Arts Council or Creative New
Zealand)
Zealand
(eg:, low, medium, high)
Caren Rangi (Chair, Arts Council)
Financial interests
Cook Islands Investment Corporation
Director. Current term: 1 June 2016 – 31 May 2022
Low
Radio New Zealand, Board member
Board member. Current term: 1 November 2019 to 30 April 2022
Low
Ei Mua Consulting Ltd
Majority shareholder (99%) and sole director
Low
Pacific Inc. Ltd
Director
Low
Museum of New Zealand Te Papa Tongarewa
Board Member 1 January 2019 – 31 October 2021
Medium
P.A.C.I.F.I.C.A.
Member. Organisation has been a past and potentially will be a future  Low
applicant to, and recipient of, CNZ grants.
Fale-malae Trust Project
Trustee
Low
Miharo Murihiku
In my personal business capacity, I am providing facilitation services
Low
to Miharo Murihiku (who are a recipient of CNZ grant funding) for
one day 12 September 2020.
Non-financial interests  Pacific Co-operation Broadcasting Ltd
Director
Low
St Andrews Vaine Tini, Hastings
Mother is a member. Group was a recipient of a Moana Arts Grant
Low
2012-2014.
Cook Islands Arts Collective in New Zealand
Support. The Collective could potentially be an applicant to CNZ for
Low
funding in the future
Cook Islands Property Corporation (NZ)
Director
Low
Other interests or
–
–
–
matters
Michael Prentice (Deputy Chair, Arts Council; Chair, Audit & Risk Committee)
Financial interests
Giles-Pain and Prentice Partnership Ltd
Director/Shareholder
Low
Giles-Pain Properties Ltd
Director/Shareholder
Low
Arts Council and Committee Register of Interests as at December 2021
2

Likelihood of interest
Further description of interest
coming into conflict with
Name (office)/ Class
Nature of interest
(eg: monetary value of the interest (if quantifiable) or extent of the interest
matters before the Arts
of interest
(if the monetary value cannot be quantified) – where these interests are
(eg, entity, position held)
Council or Creative New
likely to conflict with matters before the Arts Council or Creative New
Zealand)
Zealand
(eg:, low, medium, high)
Christchurch City Council
Registered contractor
Low/Med
GPP Investment Ltd
Director/Shareholder
Low
GPP Investment Trust Ltd
Beneficiary
Low
MK Life Trust
Trustee, beneficiary
Low
Scarpuna Holdings Ltd
Director/Shareholder
Low
Thinking Out Loud
Consulting business
Low
Non-financial interests  Christchurch Arts Strategy working group (on
Assisting with development of consultation process and messaging
Low
behalf of Christchurch City Council)
Free Theatre, Christchurch
Strategic Advisor. Free Theatre has received an Arts Continuity Grant.  Low/Med
The Arts Centre Te Matatiki Toi Ora
Facilitation of board strategic planning day
Low
Christchurch City Council
Facilitation of development of Management Agreement for Parakiore  Low
Performance Movement Centre
Other interests or
–
–
–
matters
Garth Gallaway (Member, Arts Council; Member, Audit & Risk Committee)
Financial interests
Arts Foundation
Chair

AAW Jones Charitable Trust
Trustee

Chapman Tripp
Partner. Chapman Tripp is currently advising CNZ about the
Low
form/content of funding agreements (July 2021).
Christ’s College Fundraising Campaign
Chair

Christchurch Art Gallery Foundation
Trustee

Māia Health Foundation
Chair

NZ Football Foundation
Trustee

Arts Council and Committee Register of Interests as at December 2021
3

Likelihood of interest
Further description of interest
coming into conflict with
Name (office)/ Class
Nature of interest
(eg: monetary value of the interest (if quantifiable) or extent of the interest
matters before the Arts
of interest
(if the monetary value cannot be quantified) – where these interests are
(eg, entity, position held)
Council or Creative New
likely to conflict with matters before the Arts Council or Creative New
Zealand)
Zealand
(eg:, low, medium, high)
W A Sutton Charitable Trust
Chair

Non-financial interests  NZ Football
Honorary President

Other interests or
–
–
–
matters
Briar Grace-Smith (Member, Arts Council; Member, Komiti Māori)
Financial interests
Filmmaker
Writer, Director, Consultant
Low
Arts Foundation
Laureate
Low
Theatre
Playwright, Dramaturge
Med
Miriama Grace-Smith (daughter), Designer
Application for emergency relief grant
Med
Miriama Grace-Smith (daughter), Board Member,
High
Enjoy Public Art Gallery
Non-financial interests  –
–
–
Other interests or
–
–
–
matters
Riria Hotere-Barnes (Member, Arts Council; Member, Komiti Māori)
Financial Interests
Nil
Nil
Nil
Non-financial interests  Nil
Nil
Nil
Other interests or
Nil
Nil
Nil
matters
Robyn Hunt (Member, Arts Council)
Financial interests
Arts Access Aotearoa
Occasionally paid, e.g. recruitment panel, some resource writing but
Low
most unpaid
Non-financial interests  Arts Access Aotearoa
Mentor and advisor voluntary unpaid
Low
Occasionally paid, e.g. recruitment panel, some resource writing but
Arts Council and Committee Register of Interests as at December 2021
4

Likelihood of interest
Further description of interest
coming into conflict with
Name (office)/ Class
Nature of interest
(eg: monetary value of the interest (if quantifiable) or extent of the interest
matters before the Arts
of interest
(if the monetary value cannot be quantified) – where these interests are
(eg, entity, position held)
Council or Creative New
likely to conflict with matters before the Arts Council or Creative New
Zealand)
Zealand
(eg:, low, medium, high)
mostly unpaid
Crip the Lit
Co-founder. Voluntary activity, promoting books, newsletter,
Low
networking. Participating in the Verb Festival in 2020. Have been in
discussions with the New Zealand Festival and Verb about
accessibility (July 2021).
NZSA
Associate Member. Possibility I will advise president with advice on
Low
disability matters relating to the NZSA Voluntary
New Zealand Festival
Occasional voluntary assistance with accessibility advice
Low
DPA
DPO – disabled people’s organization. Occasional volunteer
Low
Blind and Low Vision NZ
Member. They provide some disability services I need such as Total
Low
Mobility
Other interests or
Arts Access Aotearoa
Lunch meeting with Richard Benge, CEO (22.11.21)
Low
matters

Attending Arts for All network meeting (8.12.21)
Low

Te Papa Tongarewa
Complimentary ticket to Jo Randerson’s Secret Art Powers Soundings  Low
(5.12.21)

Batts Theatre
Complimentary ticket to Illegally Blind (8.12.21)
Low
Roger King (Member, Arts Council; Member, Audit & Risk Committee)
Financial interests
Cape Coast Arts & Heritage Trust
Chair
Low
Jetta Trust
Trustee
Nil
Non-financial interests  –
–
–
Other interests or
Auckland Arts Festival
Former Director or Contractor
Low
matters
Chamber Music New Zealand
Former Chairman/or Trustee
Low
Creative Capital Arts Trust
Former Director or Contractor
Low
Arts Council and Committee Register of Interests as at December 2021
5

Likelihood of interest
Further description of interest
coming into conflict with
Name (office)/ Class
Nature of interest
(eg: monetary value of the interest (if quantifiable) or extent of the interest
matters before the Arts
of interest
(if the monetary value cannot be quantified) – where these interests are
(eg, entity, position held)
Council or Creative New
likely to conflict with matters before the Arts Council or Creative New
Zealand)
Zealand
(eg:, low, medium, high)
Auckland Arts Festival Trust
Former Chairman/or Trustee
Low
Black Grace Dance Company
Former Chairman/or Trustee
Low
Creative Hawke’s Bay
Former Chairman/or Trustee
Low
Dame Malvina Major Foundation
Former Director or Contractor
Low
Lake Taupo Arts Festival
Former Director or Contractor
Low
MAU Foundation
Former Director or Contractor
Low
New Zealand Dance Company
Former Director or Contractor
Low
New Zealand Festival
Former Director or Contractor
Low
Objectspace
Former Chairman/or Trustee
Low
Q Theatre
Former Director or Contractor
Low
R+R Management
Former Director or Contractor
Low
Taranaki Arts Festival Trust
Former Chairman/or Trustee
Low
Tauranga Arts Festival
Former Director or Contractor
Low
The Big Idea
Former Chairman/or Trustee
Low
WOMAD New Zealand
Former Director or Contractor
Low
WOMAD New Zealand
Former Director or Contractor
Low
Kura Moeahu (Member, Arts Council; Member, Komiti Māori)
Financial interests
Pipitea Marae Trust
Trustee
Med
Wellington Institute of Technology Ltd
Trustee
Low
Whitireia Community Polytechnic Ltd
Trustee
Low
Non-financial interests Te Runanganui o Te Ati Awa
Chairman
Med
Arts Council and Committee Register of Interests as at December 2021
6

Likelihood of interest
Further description of interest
coming into conflict with
Name (office)/ Class
Nature of interest
(eg: monetary value of the interest (if quantifiable) or extent of the interest
matters before the Arts
of interest
(if the monetary value cannot be quantified) – where these interests are
(eg, entity, position held)
Council or Creative New
likely to conflict with matters before the Arts Council or Creative New
Zealand)
Zealand
(eg:, low, medium, high)
Financial interests
Poole Strategy Consulting
Director
Low
Brougham Trust
Trustee (family trust)
Low
Non-financial interests  Hockey New Zealand
Director
Low

Play it Strange Charitable Trust
Trustee
Medium
Other interests or
Sport New Zealand/High Performance Sport NZ
Past Director/Deputy Chair
Low
matters
Auckland Regional Amenities Funding Board
Past Director
Low
Diocesan School
Past Chair
Low
Ane Tonga (Member, Arts Council)
Financial interests
Curator, Pacific Art, Auckland Art Gallery Toi o
Salaried position. Council Controlled Organisation.
Low/Medium
Tāmaki
Elam School of Fine Arts – University of Auckland    Contract occasionally as an external marker
Low
AUT – Auckland University of Technology
Contract occasionally as an external marker
Low
Non-financial interests  Whitecliffe Advisory Group
Member. Advise largely on course structure and marking.
Low
Nina Tonga (Sister), Curator, Contemporary Art, Te  Salaried position. Te Papa is a crown entity.
Low
Papa Tongarewa
Contemporary HUM
Deputy Chair. Voluntary position. Office holder of another person’s.
Low
Waiver requested until Feb 2022 to allow for Ane to organise
succession and hand over.
NB: Chair granted a waiver (via email on 16/11/21; per section
5.5.5(e) of the Arts Council Governance Manual) to permit the
member to continue on the board of Contemporary HUM until
28 February 2022, on the condition that she is not involved with any
application for CNZ funding while she remains on the Contemporary
HUM board.
Tautai Contemporary Pacific Arts Trust
Supporter. Supporters pay an annual fee of $25 to receive updates
Low
Arts Council and Committee Register of Interests as at December 2021
8

Conflict of Interest guidance: Section 5.5, Governance Manual
5.1.1  Introduction
This section sets out Creative New Zealand’s conflicts of interest policy. The policy includes, and adds to,
the statutory requirements of Arts Council members and committee members (herein ‘members’) which
are set out in the Crown Entities Act and apply to all Crown entities. It also draws on guidance from the
Office of the Auditor-General and the State Services Commission.
There will always be conflicts of interest for funding bodies, particularly in a small country like New
Zealand and in a close-knit sector like the arts sector. The bigger issues sit around the timely and
transparent identification and declaration of interests, and the potential conflicts of interest which arise
from those, and whether these are able to be appropriately managed once declared. Effective conflict of
interest management is crucial to maintaining public and parliamentary confidence in the organisation.
The existence of interests is not, in itself, what causes conflicts. The key is to identify any overlap
between the interests. Also, appearances in this area can be equally as important as reality. It is often
this risk of negative public perception that requires management; some people refer to this as the ‘front
page of the newspaper’ test.
Conflicts of interest arise when the interest a member has in a particular matter gives rise to the
possibility, in the mind of a reasonable observer, that a member’s objectivity and independence may be
affected. A perceived conflict of interest arises when there is the appearance of a conflict even if there is
not any actual conflict. However, even perceptions of conflict need to be carefully managed.
The details set out in this policy should be regarded as minimum standards, not boundaries to be
pushed or tested. The breadth and depth of the relationship in question will be important, which means
looking at each situation to determine whether there is a clear and rational link between the association
causing the conflict and its capacity to influence decision-making. Members are required to comply with
the policy and to take individual responsibility for recognising, identifying and declaring all interests and
any potential conflicts of interest which arise from them. The Chair of the Council or the relevant
committee is responsible for determining how a conflict of interest is to be managed, or the Deputy
Chair or other designated member if the conflict is the Chair’s.
Creative New Zealand management can provide members with advice on interests and conflicts. The
Chair’s judgement will also be valuable, particularly where there is a perception of a conflict of interest,
rather than an actual conflict that falls within the definitions in this guidance.
The conflicts of interest process has three steps:

1. Identifying interests
→  2. Declaring
→  3. Managing interests, and any conflicts
The term ‘interest’ has a
interests
which arise from them, once declared
very broad definition,
Members should
Interests, and conflicts of interest, must
from financial interests
declare all interests
be managed honestly, openly and
(like direct financial
they have, at the
transparently. This means taking a
benefits) right through
earliest possible
cautious approach which ensures
to non-financial
opportunity. A
Creative New Zealand continues to enjoy
interests (like past or
‘golden rule’ is if in
the trust and confidence of Parliament
current business or
any doubt, declare it.
and the public.
personal relationships).

Arts Council and Committee Register of Interests as at October 2020
10

5.1.2  Step 1: Identifying interests

Key point: The term ‘interest’ has a very broad definition, from financial interests (like direct financial
benefits) right through to non-financial interests (like past or current business or personal
relationships).
On an ongoing basis, members must consider what their interests are in matters relating to Creative
New Zealand.
The term ‘matter’ is quite broadly defined, and means:
(a)   Creative New Zealand’s performance of its functions or exercise of its powers; or
(b)   an arrangement, agreement, or contract made or entered into, or proposed to be entered into, by
Creative New Zealand.
What is an interest?
Broadly speaking, interests can be financial or non-financial in nature.
Financial interests
The following list provides examples of where there is likely to be a financial interest (also known as a
‘pecuniary interest’). If there is any doubt, the presumption should be that the member has an interest.1
•  Direct financial benefit – Subject to the statutory exceptions (see later in this section), any direct
financial benefit accruing to the member out of a Creative New Zealand matter is an interest that
must be disclosed and managed. Members must not seek to provide paid services to Creative New
Zealand other than through their role as member. They must not be involved in developing,
supporting or advising on any matter considered by Creative New Zealand for which they have
received, are receiving or will be likely to receive a direct financial benefit.
•  Indirect financial interest – A member may have an indirect financial interest where they are the
spouse, civil union partner, de facto partner, child (which is taken to also include a stepchild or
acknowledged foster or whaangai children) or parent of a person who may derive a financial benefit
from the matter.
•  Financial interest in other persons – A financial interest in another person (including natural
persons or legal persons such as a corporation sole, a body corporate or an unincorporated body) to
whom the matter relates is classed as an interest, because of the perception of influence. This might
include an employment relationship or engagement in a professional capacity with a party dealing
with Creative New Zealand or with someone else who may be materially affected by a decision.
•  Office holder of another person – Being a partner, director, officer, board member or trustee of a
person who may have a financial interest in a person to whom the matter relates, will also count as
an interest (eg, being a director of a company whose subsidiary is applying for funding from Creative
New Zealand).
Non-financial interests
Interests are not limited to financial matters. A member may have a non-financial interest if they are
otherwise directly or indirectly interested in the matter. This could include a personal, non-pecuniary
interest in a matter before Creative New Zealand. Examples include:

1   State Services Commission, Board Appointment and Induction Guidelines (revised October 2015).
Arts Council and Committee Register of Interests as at October 2020
11

•  Family members – any family connection could give rise to an interest where there is a reasonable
apprehension of bias. For example, a member could have a close relative who is personally
interested other than by way of a financial interest.
•  Friendship – members may have an interest in matters affecting the interests of close friends. Close
and reasonably long-standing relationships with demonstrable intimacy are likely to create strong
perceptions of interest.
•  Acquaintance – general acquaintances are not likely to give rise to an interest. However overlapping
directorships or similar interests could mean a member is interested, especially where relationships
are long-term or close collegiality has developed.
•  Office holder of another person – where a member has an interest as an office holder of another
person, in a manner described above, but receives no financial compensation for holding this office,
the interest is considered no less diminished and should be declared.
•  Advocate or adviser – where a member has acted as an advocate, adviser or material witness in a
matter, or a member’s business partner has done so, and the matter is being considered by Creative
New Zealand or relates to a matter it is considering, the member is likely to be seen as having an
interest.
•  Prior business relationships or connections – where a member has had a close association with a
business for a significant period before becoming a member, there may well be a strong perception
of an interest for at least six months after ending all associations. There is no time period that
establishes remoteness, but ending a long-standing business relationship is unlikely to immediately
make that interest so remote as to be irrelevant. Relationships ended more than six months prior
are discussed below.
•  Patronship – On occasion, members may be patrons of arts organisations, reflecting a long-standing
association taken up prior to the member joining Council. In such cases, there is unlikely to be a
direct financial interest as no office on the governing body of the organisation is held and it’s
unlikely that the member is compensated for being a patron. However, these positions should be
treated as non-financial interests and thus declared and managed accordingly.
When patronships are up for renewal, members should discuss the interest with the Chair prior to
accepting reappointment as a patron. This ensures that the full nature of the ongoing patronship is
taken into account (eg, nature of the role, expectations on patrons, etc). A record of the discussion
will be attached to the Register of Interests.
Members would generally be advised to decline new patronships offered by organisations with a
relationship with Creative New Zealand while they are members of the Arts Council, due to the
likelihood of this creating a new interest.
•  Pre-judgement – pre-judgement of issues would exclude a member from participation in a matter
before Creative New Zealand. Having a definite point of view about a question of law or legislative
interpretation of a policy is not sufficient to give rise to an interest. However, a publicly stated
opinion on those facts could raise issues of apparent pre-judgement or bias.
A member won’t be interested in a matter:
•  because he or she receives an indemnity, insurance cover, remuneration, or other benefits
authorised under the Crown Entities Act or another Act
•  if his or her interest is so remote or insignificant (see below) that it cannot reasonably be regarded
as likely to influence him or her in carrying out his or her responsibilities under the Crown Entities
Act or another Act
•  only because he or she has past or current involvement in the relevant sector, industry, or practice.
Arts Council and Committee Register of Interests as at October 2020
12

A member may not be interested, yet be perceived to be interested, in a matter:
•  due to a prior association that, if still existed, would constitute an interest but has ended more than
six months ago but within the previous three years. Members are advised to declare these
perceived interests as other interests or matters.
Remoteness and significance are questions of degree. Remoteness is about how closely or specifically
two interests concern each other. Significance is about the magnitude of the potential effect of one
interest on the other.
The Institute of Directors suggests that one way to identify whether an interest may exist is to ask
whether a “reasonably informed objective observer would infer from the circumstances that the
member’s judgement is likely to be influenced to the detriment of the organisation’s best interests”.
If members are unsure whether they have an interest, they should discuss this as soon as practicable
with the Chair of the Council or the relevant committee Chair. The Chair may seek advice from the Chief
Executive or management in the course of considering the member’s potential interest.
Please note: Although management and the Council have undertaken to give clear guidance, ultimate
responsibility lies with individual Council Members to identify, declare, and manage their own
interests.
5.1.3  Step 2: Declaring interests

Key point: Members should declare all interests they have, at the earliest possible opportunity. A
‘golden rule’ is if in any doubt, declare it.
On appointment, members are required to sign a Creative New Zealand Declaration of Interest Form.
Declared interests are then recorded in the Interests Register, which is included with the Arts Council’s
and committees’ meeting papers and is available at any time.
Declaring interests is an ONGOING OBLIGATION and should be done as soon as an interest has been
identified – in other words, members shouldn’t wait until the next Council or committee meeting in
order to declare interests that arise between meetings.
Declarations are made to the Council/committee secretary (ie, the Chief Executive’s Executive Assistant)
and to the Council Chair or committee Chair (or the Deputy Chair or other designated member if the
Chair is unavailable or has an interest in the matter), who then ensure these are recorded in the
Interests Register.
In declaring an interest, members must provide the following information (as required by section 65 of
the Crown Entities Act):
(a)  the nature of the interest and the monetary value of the interest (if the monetary value can be
quantified)
(b)  the nature and extent of the interest (if the monetary value cannot be quantified).
The Office of the Auditor-General advises that all interests (particularly financial, such as ownership of
shares or a business, etc) should be registered, even if a member thinks the interest is not relevant to
their role as a member. This is confirmed by Audit New Zealand who regularly states in its Creative New
Zealand management reports, ‘We recommend that all Board members’ pecuniary interests – including
those not directly relevant to Creative New Zealand be declared and recorded’ (emphasis added).
Arts Council and Committee Register of Interests as at October 2020
13

As mentioned, if members are unsure whether they have an interest, they should discuss this as soon as
possible with the Council Chair or relevant committee Chair.
A general notice of an interest in a matter, or in a matter that may in future relate to the organisation,
becomes a standing disclosure of that interest. A standing disclosure ceases to have effect if the nature
of the interest materially alters or the extent of the interest materially increases.
Time is allocated at the beginning of each Council and committee meeting for members to comment on
the Interests Register, note any new interests, and draw fellow members’ attention to any specific
conflicts of interest they may have with matters on the agenda. The Chair will also specifically ask
members if they have any conflicts related to meeting agenda items, and allow a short time for
reflection on this.
In addition, during Council or committee deliberations, if a situation arises that may involve a member in
an actual, potential or perceived position of conflict of interest (ie, the conflict has materialised), the
member must immediately declare this. Any interest that becomes apparent, and has not been declared
in the Interests Register, should be identified to the Chair and the minute-taker (usually the Chief
Executive’s Executive Assistant) as soon as practicable.
5.1.4  Step 3: Managing interests

Key point: Interests, and conflicts of interest, must be managed honestly, openly and transparently.
This means taking a cautious approach which ensures Creative New Zealand continues to enjoy the
trust and confidence of Parliament and the public.
All conflicts of interest (potential, actual or perceived) will be recorded in the minutes, along with the
decision the Council or committee makes around how the conflict will be managed. These decisions will
also be added to the Interests Register, creating a record which will help guide future
Council/committee decision-making on managing conflicts.
In all circumstances where a member is interested in a matter (ie, a conflict has arisen), the member:
(a)  must not vote or take part in any discussion or decision of the Council or any committee relating
to the matter, or otherwise participate in any activity of Creative New Zealand that relates to the
matter
(b)  must not sign any document relating to the entry into a transaction or the initiation of the matter
(c)  is to be disregarded for the purpose of forming a quorum for that part of a meeting of the Council
or committee during which a discussion or decision relating to the matter occurs or is made.
The Chair may, by prior written notice to the Council or committee, permit a member to do anything set
out under point (a) above, if the Chair is satisfied that it is in the public interest to do so. The permission
may state conditions that the member must comply with.
Creative New Zealand must disclose an interest to which a permission relates in its Annual Report,
together with a statement of who gave the permission and any conditions or amendments to, or
revocation of, the permission.
The Council must notify the responsible Minister of a failure to comply with conflict of interest
declaration or management requirements, and of the acts affected, as soon as practicable after
becoming aware of the failure.
In addition to actively managing existing interests, members should endeavour, where possible, to
minimise the creation of more interests while they are on the Council. For instance, members would
Arts Council and Committee Register of Interests as at October 2020
14

link to page 10 link to page 10
generally be advised to decline new patronships offered by organisations with a relationship with
Creative New Zealand while they are members of the Arts Council, due to the likelihood of this creating
a new interest.
5.1.5  Creative New Zealand policies relating to funding and grant processes
The following provisions provide specific guidance on conflicts of interest as they relate to the
intersection of members with the funding and granting processes run by Creative New Zealand.
This guidance is ‘over and above’ the general conflicts of interest framework set out above, and helps
Creative New Zealand maintain the highest standards of probity around its funding and granting
processes.
This guidance applies to funding which is directly under Creative New Zealand control, or over which
Creative New Zealand has a significant degree of influence (eg, devolved decision-making processes, like
the Creative Communities Scheme, are not captured).
(a)  No funding under any scheme, programme or funding source of Creative New Zealand will be
provided in circumstances in which a member either has received or will receive a direct financial
benefit from the funding (see the description of direct financial benefit under section 0). Any such
application would be ineligible for funding.
(b)  Where a member becomes aware that any funding under any scheme, programme or funding
source of Creative New Zealand is being considered, and the member either has received or may
receive a direct financial benefit from that funding, the member must declare his or her interest,
whether or not they are involved in the decision-making or in a particular meeting, and clause (a) of
this policy will apply. Such declarations of interest will be formally minuted.
(c)  Staff members are responsible for checking on any potential conflicts of interest and formally
advising the relevant decision-maker. Where a member becomes aware that any funding under any
scheme, programme or funding source is being considered, and the member has any other class of
financial interest or a non-financial interest (see section 0) in the recipient of that funding, the
member must declare his or her interest. The Chair will determine whether the relationship would
result in the member benefitting from the application, in which case clause (a) of this policy would
apply. Where the member will not benefit from the application, the member must nonetheless
absent themselves from the decision-making process when the application is being assessed or
voted upon. Such declarations of interest and exit from meetings and so forth will be formally
minuted.
Members should notify any other particular relationships not covered in these policies that may
compromise their integrity, or perceptions of same.
(d)  The clauses above do not preclude other kinds of involvement (beyond simple attendance or
participation) by a member in a funded project, however any such involvement must be
undertaken with care. For example, a member may participate in a festival or event that has
received Creative New Zealand support, however should waive fees or payment for their
professional time, such as speaker fees (payment of travel and accommodation expenses by the
festival/event organiser, or reimbursement to the member for same, would be acceptable).
Members should seek advice prior to agreeing to any involvement in a funded project from the
Chief Executive and/or the Chair.
(e)  Members may not hold office on the governing body or be an employee of any organisation which
receives regular or major funding from Creative New Zealand. In exceptional cases, the Chair may
waive this provision, noting any conditions which attach to the wavier (eg, the length of the
waiver). In such cases, the member concerned must absent themselves from the meeting when
such relevant applications are being assessed or voted upon. Such declarations of interest and exit
and entry from meetings will be formally minuted.
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(f)  Any member considering (or being considered) to hold office on the governing body or staff of an
organisation which receives regular or major funding from Creative New Zealand should
immediately declare this to the Chair. The member may be asked to stand-down from their duties
for a period until the matter is resolved. At this point, the member’s immediate and/or future role
on the Arts Council will be considered.
(g)  A stand-down period of six months will apply to members personally applying for funding from
Creative New Zealand, after leaving the Council. The stand-down period will apply from the date of
the member’s last meeting or the date their term expires, whichever is later.
(h)  Members may not provide references or letters of support for specific funding applications being
made to Creative New Zealand. In some cases, members (in their private or other business
capacity) may have provided general letters of support to applicants for use in applying for other
funding sources. These letters should not be used by applicants when applying for Creative New
Zealand funding.
(i)  All materials supplied through Creative New Zealand will be treated as confidential. Where material
is available to the public under the Official Information Act or the Privacy Act, this will be released
only through Creative New Zealand’s Privacy Officer or the Chief Executive in consultation with the
Chair, where appropriate.
5.2  Misconduct
Failure to comply with the provisions in this section may constitute ‘misconduct’. The Chair will deal
with suspected instances of misconduct by any member on a case-by-case basis, giving proper
consideration to the matter and in accordance with the principles of natural justice. The Deputy Chair or
other designated member will deal with suspected instances of misconduct by the Chair, giving proper
consideration to the matter and in accordance with the principles of natural justice.
Members have a duty to report suspected instances of misconduct to the Chair in the first instance (or
to the Deputy Chair or other designated member if the incident of misconduct relates to the Chair). Any
information regarding the identity of any person who, in good faith, reports suspected misconduct will
be kept strictly confidential.
The Minister will be notified of any instances of misconduct that are upheld, and any subsequent actions
taken by the Arts Council.
5.3  Role of the State Services Commissioner
Under the State Sector Act 1988, the State Services Commissioner has a mandate to, among other
things:
•  provide advice and guidance on matters related to the integrity and conduct of employees in the
public service and Crown entities, including making inspections and conducting investigations
•  set minimum standards of integrity and conduct, and issue a code of conduct that applies to the
public service and Crown entities.
The State Services Commission has issued a Code (Code of Conduct for the State Services) under this Act,
which applies to Crown entity employees. It does not apply to members of Crown entity boards such as
the Arts Council.

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FURTHER INFORMATION
Office of the Auditor-General (2007). Good Practice Guide: Managing conflicts of interest: Guidance
for public entities: http://www.oag.govt.nz/2007/conflicts-public-entities
State Services Commission (2014). Board Appointment and Induction Guidelines (revised October
2015): http://www.ssc.govt.nz/board-appointment-guidelines
State Services Commission (2007). Code of Conduct for State Services:
http://www.ssc.govt.nz/code

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