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ACT
Code of
Conduct INFORMATION
Te Tāhū o te Ture - Ministry of Justice
Te Arawhiti – The Office for Māori Crown Relations
August 2023
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Contents
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Introduction
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Who the Code is for and its purpose
4
How to use the Code
4
Political neutrality and working for the government
5
Supporting the independent Judiciary
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Fair and professional services
7
Conflicts of interest and compromised integrity
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Respect for colleagues in the workplace
9
Protection and proper use of information
10
Personal activities
11
Te reo Māori glossary
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Introduction
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This Code of Conduct sets out standards of behaviour and conduct expected of Te Tāhū o te
Ture the Ministry of Justice (the Ministry) kaimahi and contractors. It is one of our tools for
determining the tika (correct) way to act, providing us with guidance in our day-to-day mahi
and when we might face tricky situations.
By acting ethically, respectfully and working with integrity we increase and maintain the
confidence Ministers, public sector agencies, the public, and our colleagues have in all of us.
It is important for Ministry kaimahi supporting the operation of the court system to maintain
the confidence of the judiciary.
The public expects the highest standards of truth, care, honesty, and integrity from people
working in the justice sector. It is essential we act ethically, honestly and in ways consistent
with the laws of Aotearoa New Zealand, especially honouring our responsibilities under Te
Tiriti o Waitangi.
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People expect respectful, equitable, inclusive, and unbiased experiences across the justice
sector. All government kaimahi (employees) have responsibilities to work collaboratively,
ethically, and efficiently, with proper regard for public resources.
The Ministry cultivates a fairer and safer Aotearoa New Zealand and provides services on
behalf of the government.
The Ministry contributes to a credible and effective justice sector by:
• developing inclusive policy advice supporting justice in Aotearoa New Zealand
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• supporting an efficient, inclusive, accessible, and trusted justice sector
• providing effective services to support courts and tribunals
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• listening to and working alongside iwi Māori, as mana whenua, and communities to
enhance safety and hauora (wellbeing).
Many of the provisions of the Code of Conduct are specific to particular Ministry activities,
worksites, and wider working environments, including online hui and work functions after
hours.
Development of the Code of Conduct included consultation with Ministry kaimahi and Te
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Pūkenga Here Tikanga Mahi (Public Service Association) delegates. The consultation
process played an important part in making the Code of Conduct a key document for people
working in the Ministry.
This Code was reviewed in 2023 and took effect on 28 August 2023.
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Who the Code is for and its
purpose
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The Code of Conduct applies to all Ministry kaimahi in all locations and jobs, and all types of
employment (i.e, permanent, fixed-term, temporary or casual workers). The Code also
applies to independent contractors to the Ministry.
The standards and expectations set out in the Code are universal and apply to all kaimahi.
While this may present challenges, it is important we demonstrate consistently high
standards.
As public servants, Ministry kaimahi are also required to comply with the Standards of
Integrity and Conduct Ngā Tikanga Code of Conduct issued by Te Kawa Mataaho Public
Service Commission and to conscientiously honour our responsibilities under Te Tiriti o
Waitangi in all dimensions of our mahi.
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This Code outlines the standards of behaviour expected of all kaimahi. Professional integrity
and responsibility are central to maintaining confidence in the Ministry and the public service.
We must act with respect, care, professionalism, and integrity in our mahi. You are required
to follow all reasonable instructions given to you.
As Ministry kaimahi we have a responsibility to provide (or support those who provide)
honest, impartial, comprehensive, and timely advice to Ministers.
The Ministry is unique as a government department. It supports the operation of another
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branch of government, the judiciary. Ministry kaimahi must work to ensure the public have
confidence in the judiciary being able to decide legal disputes impartially and independently,
without interference from Ministers and the government. We must work with the judiciary to
ensure their independence is preserved and maintained.
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The Code also relates to actions and activities outside work. As a general principle, personal
activities are not an issue unless they conflict with us performing our official duties or reflect
on the integrity or standing of the Ministry or the public service. The Ministry has a legitimate
interest where our private activities have potential to discredit the Ministry in its relationships
with government or the public or harm its reputation.
How to use t
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he Code
A Code of Conduct cannot tell you what to do in every situation. If you are uncertain how to
respond to a particular issue or situation and are also uncertain whether your conduct will be
consistent with this Code, ask your people leader for guidance.
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People leaders can seek further guidance from
[email address], People Experience
Business Partners and PSA delegates. The Ministry’s policies, procedures, and guidelines
include specific guidance for matters covered in this Code. See the
A-Z Policies on the ACT
Ministry intranet.
You need to exercise good judgement based on integrity, honesty, and openness to inquiry,
in every action and in all situations that could reflect on the Ministry.
If you are unsure whether your or someone else’s personal political activities conflict with our
obligation of political neutrality, talk to your people leader.
If you become aware someone is breaching the Code you are required to report this to your
people leader, or if necessary, your people leader’s manager. Breaches of the Code of
Conduct will be addressed in line with the Ministry’
s disciplinary procedures.
Political neutrality and working
for the government INFORMATION
Ministry employees work for the government of the day. Your work helps the Ministry
administer legislation it is responsible for and implement government policy.
You serve successive governments, which may have different policies. You must be
politically neutral in your mahi. This enables both current and future Ministers to have
confidence in the Ministry.
You must not seek to undermine or inappropriately influence government policy. You must
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ensure your personal beliefs, values, or views (including those of a political nature) do not
limit or influence advice provided.
You must not comment publicly or express an opinion in a public forum about any work
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performed by the Ministry, unless specifically authorised. This applies even if the opinion is
unrelated to your work duties and responsibilities, as members of the public may think you
are speaking on behalf of the Ministry. Senior kaimahi who have regular contact with
Ministers should not publicly express views for or against the policies of the Government of
the day.
In election years, you need to be aware the Ministry contributes to electoral processes. This
means being additionally mindful in your interactions with Ministers and mahi where this
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involves the electoral process.
If you take part in events of a political nature outside work, you must ensure your
participation cannot be seen as being in an official Ministry capacity, or on behalf of the
Ministry. Please check with your people leader before taking part in any proposed political
event outside work.
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Supporting the independent
Judiciary
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Te Tāhū o te Ture (the Ministry) recognises the importance of the constitutional
independence of the judicial decision-making branch of government. The Ministry works with
the Judiciary to ensure this independence is preserved and maintained.
The Ministry is responsible for maintaining co-operative and respectful working relationships
between the Judiciary and Ministry kaimahi supporting them across the justice sector.
The Ministry is responsible for providing the Judiciary with adequate levels of administrative,
technological and people support, and funding for judicial learning and development.
Our key operational role is to support the judiciary and the courts. We provide the necessary
registry and administrative services supporting the judicial administration of the court system
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and judicial decision-making. Administrative support includes providing court security,
registry staff, transcription services, finance, ICT, human resources, and funding for
continuing legal education and development for judges.
In delivering these services, you recognise the importance of the constitutional requirements
of the independence of the judicial function and support the Judiciary to ensure this is
preserved and maintained. The courts must be, and must be seen to be, separate from and
independent of the executive – this serves to uphold the rule of law.
Parliament is responsible for making laws and the executive for administering them. The
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Judiciary is responsible for interpreting the law, for independently, impartially conducting
trials and resolving disputes in accordance with the law.
An independent Judiciary gives people confidence when they appear before the courts, their
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cases will be decided in accordance with the law and without any influence from the
executive, Parliament, or anyone else.
The heads of each court are responsible for ensuring the orderly and efficient conduct of
their court’s business. To assist with the conduct of a court’s business, the Ministry appoints
kaimahi as registrars, deputy registrars and other officers of the court. In carrying out the
business of the court, these kaimahi work under the direction and supervision of the
Judiciary, not the Ministry, as part of the judicial branch of government.
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You must ensure judicial independence is maintained in the delivery of services. You must
respect the confidentiality and privacy of court information, judicial information, the security
requirements of judicial IT systems, and any service and security protocols applying to
Ministry kaimahi.
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In delivering services to the judiciary, you must not breach, interfere with, or prejudice the
independence of the Judiciary by:
• Attempting to involve, lobby or influence individual judges or judicial officers about ACT 1982
decisions or matters falling within the responsibilities of the Ministry or the Judiciary
(except where communication is required to deliver Ministry services). The Ministry and
the Judiciary have formal mechanisms for consultation and procedures for
communication and must ensure those are always followed.
• Attempting to involve, lobby, obtain advice from (including legal advice) or otherwise
influence individual judges or judicial officers in relation to any purpose not connected
with your mahi (for example, in relation to personal legal disputes or the interests of our
community connections).
• Behaving inappropriately with the Judiciary, such as attempting to discuss with a judge
detail of a case the judge is or was involved with, unless required to for work.
For more information on the relationship between the Ministry and the Judiciary, please read
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the
Statement of Principles observed by Judiciary and Ministry of Justice in the
Administration of Courts, including the
Principles for the Supervision and Control of Court
Information and Judicial Information.
Fair and professional services
Our aim is to provide the best service, ensuring our services are provided fairly and equitably
to all people and communities.
• Interacting with all clients and the public fairly, equitably, inclusively, and respectfully,
recognising their mana, dignity and worth. You must be impartial, unbiased,
unprejudiced, fair, and just.
• Maintaining professional standards of behaviour, language/s, and dress.
• Not discriminating in favour of or against people you meet on a professional basis on the
grounds of gender identity, sexual orientation, family status, age, race, colour, ethnicity,
disability, employment status, faith, ethical belief, or political opinion.
• Not letting our personal beliefs or values influence how you provide Ministry services.
You must not give preferential service to any person, group, or organisation with whom
you have a direct or indirect relationship or connection.
• Not tolerating violence, sexual harassment, bullying, racial harassment, or any other kind
of harassment in workplaces or offsite.
• Keeping up to date with policies, procedures, Acts and Regulations and statutory
requirements regulating your mahi. You also observe wider legal and sector processes.
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• Being responsible for maintaining ngā tohu mātauranga (qualifications) and any
occupational requirements of your role, like a driver’s licence, practising certificate or
membership of a professional association is important. Complying with any codes of
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ethics or professional practice applying to your profession is essential. The loss or
suspension of any occupational qualification may result in employment being terminated.
Conflicts of interest and
compromised integrity
A conflict of interest arises when personal interests compromise or appear to compromise
your Ministry responsibilities. It is important to declare any actual or potential conflicts of
interest as early as possible.
You must not be involved in any personal, financial, or professional situations compromising
your integrity or otherwise causing a conflict, or a perceived conflict, between personal
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interests and your responsibilities to the Ministry, Ministers, or the public.
You must not use your position in the Ministry for personal gain or to advantage, directly or
indirectly, any other person or organisation with whom you have a relationship or connection.
If you find yourself in a situation where you could have, or be perceived to have, a conflict of
interest (no matter how remote), you must declare the conflict to your people leader as soon
as possible. The people leader will be responsible for deciding the action required to resolve
the situation.
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Many situations of conflict or compromise can be managed, avoided, or resolved, for
example by transferring a duty to another colleague not affected by the specific
circumstances.
You must not provide Ministry services to, or in relation to your family members, colleagues,
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friends or your community or business connections. You must disclose and discuss such
relationships appropriately.
The conflicts of interest JET page has more information.
The acceptance of gifts, favours and hospitality may be seen to be an inducement putting
you under an obligation to someone or their organisation.
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he Code of Conduct module on Thrive should be completed every 12 months.
You are entitled to undertake
secondary mahi (including self-employment), hold a community
office, do voluntary work or have a financial interest in a company or organisation. This must
not undermine your official duties across the justice system, must be done in your own time,
and must not adversely affect your efficiency or performance in your work for the Ministry. If
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you are not sure whether a situation could be a conflict of interest or compromise of integrity,
please seek guidance from your people leader.
Respect for colleagues in the ACT
workplace
Respect for colleagues in the workplace means:
• Respecting your colleagues and working with each other fairly, inclusively, equitably, and
professionally. You must not discriminate against people based on gender identities and
expressions, sexual orientation, family status, age, ethnicity, disability, employment
status, faith, political or ethical beliefs.
• The Ministry is committed to honouring its responsibilities under Te Tiriti o Waitangi,
acknowledging and valuing mana whenua aims and aspirations.
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• Supporting the Ministry in its recognition of the aims and aspirations and equitable
employment of all, including ethnic communities, rainbow communities, women, and
disabled kaimahi.
• Working safely, taking all practical steps to ensure your actions or inactions do not cause
harm, injury, illness or distress to your colleagues or yourself. You must comply with the
Ministry’s occupational safety and health requirements, processes, and policies to
support your individual and shared hauora (wellbeing).
• Not causing distress to colleagues, compromising their safety, interfering with their ability
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to perform their duties and/or work quietly.
• You must work in a fit state to perform your duties to the required standard and not under
the influence of alcohol, drugs, or solvents.
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• Being open and honest regarding matters relevant to employment is important. You must
not withhold or misrepresent information about your conduct, your relationship to other
Ministry kaimahi or clients, your suitability for ongoing employment or your ability to
perform our employment duties.
• You must cultivate respectful working relationships with your colleagues, kaimahi and
people leaders. You must give your full commitment to the performance of your duties
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during working hours and deliver on time. You must not be absent from mahi during
hours of work without agreement.
• You must use Ministry property, equipment, funds and other resources efficiently and
with due care. You must ensure the Ministry’s property, equipment, funds and other
resources are not used for anything other than authorised purposes. You must be honest
and forthright in reporting any payments or benefits you receive that you are not entitled
to.
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Protection and proper use of
information
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• You must use data and information for its intended purpose only. This means respecting
and protecting data and information as a taonga (possession, treasure) so Ministers, the
Judiciary, colleagues, and clients have confidence in our services and information
management systems.
• A lot of the information you have access to is confidential and sensitive. This includes
judicial information, court information including collections records, and kaimahi
personnel records. You must take proper care with the use, exchange, storage,
disclosure, and disposal of all information (in electronic or written form) and keep it
always secure and only used for its intended purpose. You must take all reasonable
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steps to prevent information being accessed by unauthorised people, including when
working remotely or from a non-Ministry venue.
• You must not access court (or judicial) information held on Ministry supported case
management systems, computer network, physical files, or any other place, unless
properly authorised to access that information.
• If you consider there is a legitimate work-related reason for accessing information about
people or groups you are connected with, please refer to the
Conflict of Interest and
Compromised Integrity section of this Code and seek approval from your people leader.
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• You must comply with all our legislative requirements regarding
privacy and information.
You must respect and protect others’ right to privacy and confidentiality and not breach
these rights. You can only disclose information held by the Ministry to people lawfully
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entitled to receive the information, where you are authorised to make disclosures as part
of your mahi. If you are unsure whether a person requesting information held by the
Ministry is lawfully entitled to receive information, you should refer their request to your
people leader. You must not gather information about people or groups just for the
purpose of managing reputational risk to an agency.
• You must not disclose advice given to any Minister or use, comment about or reveal any
information gained in your official capacity or because of your employment not already
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publicly available, unless this is a requirement of your job or when specifically authorised.
Your confidentiality obligations continue after the employment relationship with the
Ministry ends.
• Only kaimahi who are specifically authorised to speak on behalf of the Ministry are
permitted to make public statements about information held by the Ministry or respond to
enquiries about government policies or Ministry activities.
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• The Ministry is required to release certain information (excluding court information and
judicial information) if requested. Where
a request is received, information must be
released:
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o in accordance with the requirements of the
Official Information Act 1982, the
Privacy Act 2020 or other applicable statute, and
o by kaimahi specifically authorised to disclose requested information on behalf of
the Ministry.
• The Ministry has the right, without limitation, to monitor the use of Ministry information
and technology equipment and systems. This includes the right to access your personal
communications and monitor internet use made via Ministry devices and systems.
• You must use the Ministry’s IT and phone system in line with information and
communication
technology policies and processes. Always choose a safe computer
password and do not disclose it to others. You must take all reasonable steps to prevent
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• Under the
Protected Disclosures Act 2022 you can report any serious wrongdoing in the
Ministry. If your disclosure is made in accordance with the
Ministry’s Protected
Disclosures Policy you will be covered by all the protections under the Act.
Personal activities
Our actions outside of work must not bring the Ministry into disrepute or otherwise breach
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this Code of Conduct.
You must not take part in any activity or behave outside of work in ways that could:
• harm the Ministry’s relationship with the judiciary or the government
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• harm the reputation of the Ministry or public confidence in the Ministry
• reflect negatively on the Ministry or you when identified as Ministry kaimahi.
When expressing ourselves publicly, there are a range of common-sense actions you can
take to prevent others from interpreting your comments as being made on behalf of the
Ministry. For example:
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• Not making statements about being employed by the Ministry.
• Being clear your statements are made solely in your personal or union capacity.
• Not using the Ministry of Justice’s logo, insignia, letterhead, uniforms, or email
addresses.
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You must not behave outside work in any way that might harm your colleagues. This
includes behaviour like bullying and harassment outside the workplace, for example, at
offsite work functions or during virtual hui.
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Ministry kaimahi work closely with legal policy and the administration of the law. As the
agency responsible for overseeing the justice system, the Ministry expects all kaimahi to
comply with the law. Kaimahi who commit a criminal offence may harm the public confidence
held in the Ministry to effectively perform this role. It may also make them unsuitable for
ongoing employment. You are always expected to act lawfully, both at work and in your
community life to maintain integrity and confidence in the justice sector.
If you are charged or convicted of any criminal offence (except an infringement offence) or
become subject to any court order in relation to a criminal matter, you must inform your
people leader as soon as possible. All criminal offences proven to have been committed by
Ministry kaimahi will be of concern, but those involving dishonesty, breaches of trust, or
violence will be treated with the utmost seriousness.
You must inform your people leader of involvement in any civil proceedings in a court or
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tribunal if this involvement could represent a conflict of interest or breach of this Code (for
example, as a witness in a hearing). For further advice about declaring a perceived potential
conflict please have a kōrero with your union delegates or connect with AskHR and/or PX
Business Partners.
It is inconsistent with the role of the Ministry to have unpaid fines and penalties unless steps
have been taken to make payments or to formally dispute the fine or penalty. This includes
fines and penalties incurred for traffic and parking infringements, speed camera tickets, or
sanctions imposed by a court, tribunal, or other authorised body. You must comply with the
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terms of any fines or penalty payment arrangements.
You have the same rights of access to our political representatives as other members of the
public. You need to treat your access with sensitivity; public servants need to remain
politically neutral in relation to their work. You must not communicate privately with Ministers
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or Members of Parliament about your employment or about Ministry operations unless
authorised.
You must not lobby or attempt to influence Ministers or Members of Parliament about
Ministry decisions, such as work priorities or allocating resources. There are some
exceptions; where kaimahi may raise issues through their union or in a personal capacity
(and not as a representative of the Ministry), as part of participation in publicly accessible
democratic or legislative processes.
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You are entitled to stand for elected roles in local or central government. If you intend to
stand you must advise your people leader and follow all requirements of the relevant
electoral legislation.
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Glossary te reo Māori – sourced
from Te Aka Māori dictionary ACT
Hauora – be well, fit, healthy
Kaimahi – employee, worker
Mahi – work, occupation
Mana whenua – territorial and Indigenous rights, tribal history
Ngā tohu mātauranga – qualification, academic qualification
Taonga – property, goods, treasure, anything prized, resources, valuable objects
Tika – to be correct, true, upright, right, just, fair, lawful
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Tikanga – correct procedure, rule, code, protocol, customary system of values
Te Aka Māori Dictionary (maoridictionary.co.nz)
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