1982
CONFLICTS OF INTEREST POLICY
ACT
Purpose
This policy sets out the expectations of Te Tāhū o te Ture with regard to disclosure of any
conflicts of interest, whether actual, potential, or perceived.
Policy Statement
Te Tāhū o te Ture expects us to perform our duties honestly and impartially. We must not use
our position in Te Tāhū o te Ture for personal gain or to advantage or benefit any other person
or organisation with whom we have a relationship or connection, whether directly or
indirectly.
Te Tāhū o te Ture requires us to declare any actual, potential or perceived conflicts of interest
at the earliest possible opportunity.
INFORMATION
Scope
This policy applies to all employees (whether permanent, fixed-term, or casual) and for the
purposes of this policy, the following are also included:
• Persons seconded to Te Tāhū o te Ture.
• Contractors and consultants (individuals, employees of contractors or consultants
or sub-contractors).
• Board members.
• Volunteers working without reward.
This policy should be read in conjunction with
the Conflict of Interest Guidelines, Code of
OFFICIAL
Conduct, and the Public Service Commission Standards o
f Integrity and Conduct.
This policy does not apply to the judiciary, as they are not employees of Te Tāhū o te Ture.
What is a Conflict of
A conflict of interest arises when personal interests compromise or may be seen to
THE
Interest
compromise our responsibilities to Te Tāhū o te Ture. Conflicts or perceived conflicts involve
ethical considerations, which encompass Te Tāhū o te
Ture Code of Conduct. They can arise
in a variety of ways: from financial or non-financial interests, personal or professional
relationships, family or community expectations; and they can exist whether or not money
is involved. A conflict may be actual, potential or perceived.
Interests that might be considered to conflict with your responsibility to Te Tāhū o te Ture
UNDER
may include:
• holding another public office;
• being a current or (recent) former advisor, director, or partner of another business
or organisation;
• being a member of a club, society, or association;
• having a professional or legal obligation to someone else (such as being a trustee);
• having a beneficial interest in a trust;
1
RELEASED
• owning shares or some other investment or asset;
•
1982
having received a gift, hospitality, or other benefit from someone;
• owing a debt to someone; or
• being a relative or close friend of someone who has one of these interests, or who
could otherwise be personally affected by a decision made by Te Tāhū o te Ture.
ACT
Having a personal interest, on its own, is not what causes a conflict. Everyone has multiple
roles and interests at work, at home, in their extended families, or in the community. A
potential conflict of interest arises only where your duties or responsibilities for Te Tāhū o te
Ture overlap with one of your other roles or interests.
The existence of a conflict of interest does not necessarily mean that we have done
something wrong and it need not cause problems. However, conflicts of interest do need to
be identified and managed carefully in order to maintain public trust and confidence in the
justice system. In any situation where activities are paid for out of public funds or carried out
in the public interest, the public needs to be confident that decisions:
• are made for the right reasons; and
• are not influenced by personal interests or ulterior motives.
The risk with having a conflict of interest that is not properly managed is that you may be
seen to be advancing your own interests or the interests of others you feel a sense of loyalty
INFORMATION
or obligation to, rather than the interests of Te Tāhū o te Ture. Even if you have no intention
of acting improperly, and are confident that you can think and act impartially, if it looks
like you might be influenced by personal interests or ulterior motives when making a
decision, you risk undermining public confidence in the integrity of that decision.
Disclosing a Conflict
We must disclose actual, potential or perceived conflicts of interest to our immediate
of Interest
manager as soon as we become aware that one exists.
OFFICIAL
All conflicts, other than for procurement activity, must be declared by following the Conflict
of Interest Guidelines.
For conflicts or perceived conflicts relating to our involvement in a procurement process, the
disclosure requirements of the
Procurement Policy apply. Where disclosure of a conflict of
THE
interest is required under the
Procurement Policy, we must also complete the procurement
“
Conflict of Interest and Confidentiality Agreement” (available from the Procurement and
Contracts team).
Once a conflict of interest has been declared, your manager (or procurement advisor /
project manager as may be appropriate) will determine how to manage the conflict in
consultation with you. We are required to follow all reasonable instructions in this regard.
UNDER
Considerations will include the public perception of the relationship, the transparency and
independence of any transaction involved, and the integrity of Te Tāhū o te Ture and the
wider justice system. If necessary, advice should be sought from senior management.
If the conflict cannot be managed, or where there is likelihood that the situation could
undermine public trust and confidence in Te Tāhū o te Ture, then we may be required to
cease any involvement in the activity relating to the conflict.
2
RELEASED
Failure to disclose an interest that may give rise to a conflict of interest may be regarded as
a disciplinary matter. Action may be taken in accordance with t
he Disciplinary Process Policy
1982
and
the Fraud and Corruption Policy (if applicable).
Raising Concerns
If you have concerns about the way your conflict of interest is being managed, this should
be discussed with your manager in the first instance. Further advice and support can be
ACT
sought from senior line management, or specialist teams such as Risk and Internal Audit,
People Experience, Procurements and Contracts, or the Office of Legal Counsel. The
responsibility for making the decision about the management of the conflict of interest lies
with the line manager of the person with the conflict of interest (or project manager /
procurement advisor where applicable).
If you have a concern about wrongdoing, including suspected impropriety in relation to
disclosure / nondisclosure of interests or the management of declared interests, you need
to immediately notify your manager or alternatively Risk and Internal Audit. Further
guidance can be found in the Fraud and Corruption Policy.
Responsibilities
It is the responsibility of every employee or contractor to inform their immediate manager
Employees
(or procurement advisor / project manager as appropriate) as soon as possible when an
INFORMATION
actual, perceived, or potential conflict of interest arises, or when they are uncertain or
concerned about a possible conflict.
Managers and
Once a conflict of interest is declared, the immediate manager (or procurement advisor /
Project Managers
project manager as appropriate) is responsible for deciding, in consultation with the person
and if necessary other senior managers, the action required to resolve or manage the
situation effectively.
Each declared conflict of interest should be considered on a case by case basis, according to
OFFICIAL
the particular circumstances and the level of seriousness and sensitivity. Judgement and
careful assessment are important.
Managers and project managers (or procurement advisors) must periodically review
THE
management plans to ensure they are still managing the conflict effectively. This review
must be documented and recorded.
For declared conflicts or perceived conflicts, managers and project managers (or
procurement advisors) must update the management plan in Mahi. Please see Te Tāhū o te
Ture ’s Conflict of Interest Guidelines.
Senior Managers
Once a year, Risk and Internal Audit will request that all members of the Strategic Leadership
UNDER
Team and Senior Management Team complete an annual conflict of interest declaration,
which can be submitted through Mahi. All senior managers must complete this even if there
are no known conflicts.
Managers must also ensure all employees are regularly reminded to review their individual
situations.
3
RELEASED
Any new declared conflicts or changes to existing declared conflicts relating to this policy
must be updated in Mahi.
Manager, Risk and
The Manager, Risk and Internal Audit, is responsible for ensuring that:
Internal Audit
•
ACT 1982
all reported conflicts are recorded on the conflicts register; and
• unreported conflicts (where subsequently discovered) are investigated where
appropriate.
Protected
If you are concerned about an undisclosed interest you may make a protected disclosure
Disclosures
under the Protected Disclosures Act 2000. Please refer to the Ministry’
s Protected Disclosure
Policy.
RELATED POLICIES AND PROCEDURES
•
Conflicts of Interest Guidelines
•
Procurement Policy
INFORMATION
• Procurement Conflict of Interest and Confidentiality Agreement (obtain from
Procurement and Contracts team)
•
Code of Conduct
•
Fraud and Corruption policy
•
Disciplinary process policy
•
Contractors and Consultants Policy
•
Protected Disclosures Act 2000 and Policy
•
Secondary Work Policy
•
SSC Standards of Integrity and Conduct
CONTACT
Risk and Internal Audit
OWNER
Manager, Risk and Internal Audit
LAST REVIEWED
August 2024
NEXT REVIEW
August 2026
LAST UPDATED
November 2023
STAKEHOLDERS
CONSULTED
APPROVED BY
SLT Business Committee
4
RELEASED UNDER THE OFFICIAL
