133 Molesworth
Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
31 March 2023
John Luke
By email: [FYI request #21992 email]
Ref: H2023021288
Tēnā koe John
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) to
Manatū Hauora on 4 March 2023 for information regarding appointments to the End of Life
Choice Review Committee. Each part of your request is responded to below.
How did you call for public nomination and on what platform you have call for public
nominations, e.g. jobs website.
Manatū Hauora publicly advertised these vacancies on its careers website
(https://careers.health.govt.nz) and the NZ Government Jobs website
(https://jobs.govt.nz)
from 14 February 2023 to 5 March 2023.
Also, how many applications you have received from the public and how many you
have received from other nominating agencies such as TPK or Ministry of women etc.
further, how many you have shortlisted.
Twelve applications were received from the public. No nominations were sought from
nominating agencies given the explicit skil set required.
Please supply the pay rate and term of reference/job description of this role
Members of the Review Commit ee are entitled to be paid fees for attendance at meetings.
The fees are set in accordance with Cabinet Of ice Circular ‘CO (22) 2 - Revised Fees
Framework for members appointed to bodies in which the Crown has an interest’. All
members receive $885 per day of work related to the Review Commit ee (plus half a day’s
preparation fee) and an allowance of 2 extra days per month to cover additional work
undertaken by the Review Committee. Please find attached a copy of the terms of reference
for the positions.
I trust this information fulfils your request. Under section 28(3) of the Act, you have the right
to ask the Ombudsman to review any decisions made under this request. The Ombudsman
may be contacted by email at:
[email address] or by calling 0800 802 602.
Please note that this response, with your personal details removed, may be published on the
Manatū Hauora website at:
www.health.govt.nz/about-ministry/information-
releases/responses-of icial-information-act-requests.
Nāku noa, nā
Sarah Turner
Deputy Director-General
Government and Executive Services | Te Pou Whakatere Kāwanatanga
Page 2 of 2
Document 1
End of Life Choice Review Committee -
Terms of Reference
Approved by
Name
Role
Date
Signature
Hon Andrew Little
Minister of Health
Membership:
Review Committee members wil be appointed by the Minister of
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Health.
The Review Committee must consist of:
•
a medical ethicist
•
two health practitioners, one of whom must be a medical
practitioner who practises in the area of end-of-life care.
Functions:
Review Committee statutory functions are:
INFORMATION
•
to consider reports sent to it under
section 21(3) of the
Act (assisted death reports)
•
to report to the Registrar whether it considers that the
information contained in an assisted death report shows
satisfactory compliance with the requirements of this Act
•
to direct the Registrar to fol ow up on any information contained
in an assisted death report that the Review Committee considers
does not show satisfactory compliance with the requirements of
this Act.
Te Tiriti o Waitangi: The Review Committee wil ensure their advice is provided within the
context of honoring Te Tiriti o Waitangi.
The principles of Te Tiriti o Waitangi as articulated by the Courts and
the Waitangi Tribunal provide the framework for how the Ministry wil
meet its obligations under Te Tiriti o Waitangi.
The Review Committee must apply and adhere to these principles
when providing advice or direction.
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Reporting:
The secretariat function within the Ministry wil provide reporting as
required for all Review Committee meetings.
The Review Committee will keep minutes of all meetings which outline
the reports discussed and include a clear record of any decisions or
recommendations made.
The Review Committee wil report and make recommendations to the
Registrar as directed under the Act.
End of Life Choice Act Review Committee – Terms of Reference
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Document 1
Working
In carrying out its Terms of Reference, the Review Committee must:
arrangements:
•
provide the Minister of Health with advance notice of any media
statements, documents or reports to be published
•
ensure that any advice and recommendations comply with the
laws of New Zealand.
The budget for the Review Committee wil be administered by the
Manager, Regulatory Assurance.
Meetings:
The Ministry wil schedule meetings as necessary to meet the
requirements of the statutory functions. The Review Committee may
meet face to face and/or virtual y. All meetings will require all three
members to be present.
Al meetings wil have an agenda prepared and disseminated prior to
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the meeting. Meeting notes wil be circulated for approval prior to the
next meeting taking place.
The secretariat wil maintain a register of interests, relevant to the
Review Committee’s business, and dedicated analytical, policy and
administrative support to the Review Committee.
Duties and
This section sets out the Minister’s expectations on the duties and
Responsibilities of responsibilities of a person appointed as a member of the
INFORMATION Review
a Member:
Committee. This is intended to aid members by providing them with a
common set of principles for appropriate conduct and behaviour and
serves to protect the Review Committee and its members and aligns
with the Public Service Commission Code of Conduct.
The Review Committee conducts its activities in an open and ethical
manner and operates in an effective and efficient way within the
parameters of its functions.
Members should have a commitment to work in the best interests of
the Review Committee.
Members will:
•
be diligent, prepared and participate
•
be respectful, loyal and supportive
•
not denigrate or harm the image of the Committee.
The Review Committee will:
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•
ensure that the independent views of members are given due
weight and consideration
•
ensure fair and full participation of members
•
regularly review its own performance
•
act in accordance with the principles of the Te Tiriti o Waitangi.
End of Life Choice Act Review Committee – Terms of Reference
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Document 1
Disclosure of
Members should perform their functions in good faith, honestly and
interests:
impartially and avoid situations that might compromise their integrity
or otherwise lead to conflicts of interest.
Declaration and discussion of conflicts of interest wil be a standing
item on each meeting’s agenda. Al interests wil be recorded in a
register and maintained by the secretariat.
When members believe they have a conflict which wil prevent them
from being able to participate in discussions and/or ongoing work,
they must advise the Manager, Regulatory Assurance, who will
determine a way forward.
Media
Members should not provide statements or advice to the media in
their capacity as a Review Committee member, unless agreed by the
Minister in advance.
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Official
All agendas, minutes, emails and other written communications are
Information Act
subject to release under the Official Information Act unless otherwise
Requests
excluded for release under the provisions of that Act.
Confidentiality:
The public has a right to be informed about the issues being
considered by the Review Committee. Individual members must
observe the fol owing duties in relation to Review Committee
INFORMATION
information.
General meeting discussions
Key discussion points in meetings are recorded in the meeting
minutes. Upon request, a member’s dissenting views may be recorded
in the meeting minutes.
Meetings of the Review Committee, including agenda material and
draft minutes, are confidential. Members must ensure that documents
are kept secure to ensure that the confidentiality of case reports is
maintained.
Members are free to express their own views within the context of
Review Committee meetings, or as part of the general business of the
Review Committee.
At no time should members individually divulge details of matters or
decisions of the Review Committee to persons who are not group
members or the Registrar.
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Members must ensure that the confidentiality of Review Committee
business is maintained. Members must be clear about what matters
are permitted to be discussed with people that are not members and,
in doing so, should be familiar with the information that is publicly
available about the Review Committee’s work.
Term:
Members of the Review Committee are appointed by the Minister of
Health for an initial term of two years.
End of Life Choice Act Review Committee – Terms of Reference
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Document 1
No member may be appointed for more than six consecutive years
unless an additional period of up to twelve months is confirmed to
allow for continuity of projects.
Unless a person sooner vacates their office, every appointed member
of the Review Committee wil continue in office until their successor
comes into office. Any member may at any time resign as a member
by advising the Minister of Health in writing.
Any member may at any time be removed from office by the Minister
of Health for inability to perform the functions of office, neglect of
duty, or misconduct, proved to the satisfaction of the Minister.
Remuneration and Members of the Review Committee are entitled to be paid fees for
expenses:
attendance at meetings. The fees are set in accordance with Cabinet
Office Circular CO (12) 6,
Fees framework for members appointed to
bodies in which the Crown has an interest.
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All members will receive $885 per day (plus half a day’s preparation
fee) and an al owance of two extra days per month to cover additional
work undertaken by the Review Committee.
Members who are employees of the wider State sector are not entitled
to be paid fees for committee business if this is conducted during
regular paid work time (i.e., members cannot be paid twice by the
INFORMATION
Crown for the same hours).
Members who are employed by district health boards (DHBs) or
universities should invoice the Ministry when fees are due.
The Ministry wil organise and meet the cost of travel for members
where a face-to-face meeting is required.
Members are entitled to be reimbursed for actual and reasonable
other expenses incurred in association with this work. The expectation
is that the standards of accommodation, meals and other expenses are
modest and appropriate to reflect public sector norms.
RELEASED UNDER THE OFFICIAL
End of Life Choice Act Review Committee – Terms of Reference
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Document Outline