The appointments process

Which appointments go to the Cabinet Appointments and Honours Committee (APH)#

In general, all public appointments made by the Minister, or by the Governor-General on the advice of the Minister, should first be considered by APH. The Cabinet Manual (see paragraph 5.12(l)) states this expectation.

For further advice on the appointments process, see theTe Kawa Mataaho Public Service Commission’s (PSC) Board Appointments and Induction Guidelines and the Treasury’s Board Appointments.

How to identify candidates for appointment#

At an early stage in the process, Ministers should seek candidate nominations from other Government parties, directly with their own party and through the other parties’ respective Chiefs of Staff. Ministerial and Party consultation is also required, as outlined further in the section on consultation below.  

Ministers should also seek nominations for vacancies from Ministers with responsibility for different population groups to ensure balanced representation of all New Zealanders across government appointments, as outlined further below.

Potential candidates should be considered against the Ministerial Checklist for Supporting Appointments to Statutory Crown Entity Boards. 

Balanced representation#

Where possible, officials should look to achieve balanced representation on entities (i.e. boards, panels etc.) in regard to women, Māori, Pacific Peoples, and other demographic groups present in New Zealand. If the appointment body serves a particular community of interest, then individuals representing that community should be considered for appointment.

Ministers should also seek nominations for vacancies from the Minister for Māori Development, the Minister for Pacific Peoples, the Minister for Women, the Minister for Ethnic Communities, the Minister for Disability Issues, the Minister for Rural Communities, or any other colleagues with a particular area interest.

Te Puni Kōkiri and the Ministry for Women keep databases of suitable candidates, and the Ministry for Pacific Peoples, Ministry for Ethnic Communities, and Whaikaha - Ministry of Disabled People can also suggest suitable candidates. Officials should explore alternative means of finding candidates where existing methods do not produce a suitable balance of candidates for Ministers and APH to consider.

For further information on this, see Cabinet Office Circular Government Appointments: Increasing Diversity of Board Membership [CO (02) 16], and Recruiting Candidates (PSC). 

Appointment of public servants to statutory boards#

As a general rule, Ministers should not appoint, or recommend for appointment, public servants to statutory boards. There may, however, be special circumstances that justify appointing a public servant to a board. These reasons should be noted in the Cabinet Paper.

For further information on this, see Cabinet Office circular Appointment of Public Servants to Statutory Boards [CO (02) 5].

How to work out what appointees should be paid#

Remuneration for appointees can be set using the Cabinet Fees Framework, the Crown company fees methodology (administered by the Treasury), or by the Remuneration Authority.

The Fees Framework covers most Crown entities (including Crown agents, autonomous Crown entities, and tertiary education institutions), trust boards, advisory bodies/committees to Ministers and chief executives, Royal Commissions, commissions of inquiry and Ministerial inquiries, statutory tribunals, and some subsidiary bodies.

For further information on this see PSC’s Board Appointment and Induction Guidelines - Chapter 5: Setting Remuneration and Cabinet Office Circular Cabinet Fees Framework for members appointed to bodies in which the Crown has an interest [CO (25) 2]. 

Conflicts of interest#

For each appointment, Ministers must be able to assure their colleagues that any conflicts of interest that could reasonably have been identified have been identified and, where a conflict has been identified, propose an appropriate way to manage it.

For further information on this see PSC’s Board Appointment and Induction Guidelines - Chapter 2.5: Conflicts of Interest, and in the Treasury's Appointment Process.

Ministerial and political consultation on appointments#

At the start of each year, the Cabinet Office advises Ministers of vacancies that will arise in the year ahead. Ministers can then contact the office of the responsible Minister to find out more about an upcoming vacancy, or to make a nomination.

Responsible Ministers should seek nominations from the other parties in Government for appointments, directly with their own party and through the other parties' respective Chiefs of Staff.  

Consultation between Government parties must also be undertaken on all significant appointments. Ministers may also wish to consult with colleagues who may have an interest in a particular appointment (such as the local MP for appointments to community boards). Officials should discuss this with the responsible Minister’s office.

For further information on Ministerial and political consultation, see the Cabinet Office circular National, ACT and New Zealand First Coalition Government: Consultation and Operating Arrangements [CO (24) 2], and the advice on Cabinet paper consultation with Ministers.

How to make the appointment#

Once APH and Cabinet has noted a Minister’s intention to make an appointment through a Cabinet paper, then the appointment needs to be made. The relevant Act, Cabinet minute, or board’s constitution will prescribe who will make the appointment. It will generally be:

• the Responsible Minister(s) or Shareholding Ministers; or
• the Governor-General on the advice of a Minister; or
• the Governor-General in Executive Council. See the advice on appointments made by the Governor-General for more information. 

Appointment Letters

All appointees to Crown bodies must receive a letter of appointment, which follows the below guidelines and is supplemented with additional material appropriate to the appointee.

The letter should include the following information:

• the designation of the position
• the position description
• the proper name of the board or office
• the authority under which the appointment is made
• the term of the appointment
• termination procedures
• legislation relevant to the board or office
• training and development opportunities
• how any potential conflicts of interests will be managed
• the name of a contact person for further information
• the fees and allowances relating to the appointment.

The appointee must accept in writing the terms of the appointment, including confirmation of any identified conflicts of interest, and mechanisms put in place to manage the conflicts. Appointees should be asked to enter into confidentiality agreements where appropriate.

Appointments made by a Minister or Shareholding Ministers

A letter of appointment should be sent from the Minister, along with any accompanying material (such as an appointing document signed by the Governor-General). If required by the relevant Act or body constitution, a Gazette notice should also be published.

Appointments made by Associate Ministers

Even where an Associate Minister has delegated authority from a primary Minister to make an appointment, the appointment letter (or the recommendation of the appointment to the Governor-General) must be in the name of the Minister with authority under the relevant Act. The Associate Minister can sign the documentation for the responsible Minister, writing “for” next to the responsible Minister’s title.

e.g.:     Hon Jane Doe
          for Minister of Justice

For more information about the responsibilities allocated to Associate Ministers, see the Schedule of Responsibilities Delegated to Associate Ministers.

Appointments made by the Governor-General

As noted above, some appointments are made by the Governor-General on the advice of a Minister, or in Executive Council. See the advice on Appointments made by the Governor-General for information about the process and requirements for making those appointments. 

Refer to the following pages for more information#

• Cabinet paper template - appointments
• Appointment paper organisation form and candidate CV template
• Appointments made by the Governor-General
• Restraint in making significant appointments during the pre-election period