Agencies that prepare Cabinet papers are responsible for ensuring that appropriate consultation is undertaken on draft Cabinet papers and other material that is intended for consideration by Cabinet, that other agencies are given reasonable time to comment, and that agency views are accurately reflected in the paper. Effective consultation ensures that Ministers receive sound, comprehensive, and co-ordinated policy advice.
The below document ‘Guidance for the distribution of Cabinet-related material’ outlines how agencies are expected to undertake consultation, and includes some useful practical process advice.
When should consultation take place#
Ideally, consultation should take place with agencies, key stakeholders, and interest groups, as a policy is being developed. When agencies know that an issue is under discussion that they have an interest in, they should take steps early in the process to bring their interest to the attention of the drafting agency. Smaller agencies need to use their networks actively to ensure that their interests are known by others.
Drafters need to address the following questions when considering which agencies will need to be consulted on a particular paper:
- does this issue require consultation with agencies responsible for advising the government on key general issues (e.g. legal implications and human rights, financial and fiscal issues, and the overall co-ordination of government policy)?
- which agencies have a specific policy or operational interest in this issue?
Consultation with agencies can take a number of forms. On occasion, it is sufficient to send copies of a draft Cabinet paper to other agencies for comment. In other cases, it is appropriate to discuss and try to get agreement with other agencies on policy issues before finalising a draft paper for more formal consultation. For significant cross-government policy issues, a collaborative approach between relevant agencies will be required.
Agencies being consulted must be given enough time to consider a draft Cabinet paper, and should see the final version of the document before it is uploaded to CabNet to ensure that they are happy with the comments attributed to them. It is recommended that a minimum of five working days is set aside for this process. Papers should indicate the agencies consulted and, if appropriate outline their views and/or whether they agree with the proposals. Agency consultation should take place before Ministerial consultation begins.
Every attempt must be made to present a proposal that is supported by all agencies that were consulted. If consensus cannot be reached, the paper should include all views and, if necessary, options should be provided in the recommendations, clearly showing who supports which option.
Which agencies need to be consulted#
Department of the Prime Minister and Cabinet (DPMC), Te Kawa Mataaho Public Service Commission (PSC), and the Treasury
Many Cabinet papers will need to be consulted with DPMC, PSC and the Treasury. Drafters should, where they are uncertain, check with the relevant advisors in DPMC, the Treasury, and PSC on whether the paper that they are preparing needs consultation with those agencies.
DPMC has responsibility for advising the Prime Minister on all policy proposals that are likely to have implications for the government as a whole. This is often because they are significant policy matters, issues needing high-level co-ordination, or issues of particular public interest.
PSC has responsibility for advising Ministers on whole of government perspectives, on proposals to establish, merge, or disestablish Public sector agencies (other than State-owned enterprises), and on proposals with an impact on organisational structures, strategic alignment, and capability. PSC is also responsible for chief executive accountability or departmental performance specifications, and workforce or employment relations in the Public sector.
The Treasury has responsibility for advising the Minister of Finance on all proposals with economic implications, financial or fiscal (expenditure or revenue) implications, implications for the Public Finance Act 1989, and regulatory implications (proposals for primary legislation or disallowable instruments submitted for approval to Cabinet).
The Treasury must be consulted on all papers with financial, fiscal, or economic implications, or that contain recommendations on expenditure or revenue. The Treasury must be allowed at least two weeks to comment (unless there are compelling and unavoidable reasons to be less), and the implications must be detailed in the Cabinet or Cabinet committee paper and, if appropriate, in an accompanying Regulatory Impact Assessment. This is discussed further in the page on Financial Implications in Cabinet papers.
The Ministry for Regulation has responsibility for providing second opinion advice on regulatory initiatives, including those with financial, fiscal, or economic implications. The need for consultation on Cabinet papers is in addition to requirements for consultation associated with the Regulatory Impact Assessment process. See the page on Impact analysis for further advice on that process.
Consultation on matters with implications for the Crown
Ministers also want assurance that the issues in papers have been assessed for their implications for the Crown. This includes legal obligations, human rights issues, regulatory impact and compliance cost implications, and the use, long-term lease, or disposal of Crown-owned land.
The following list indicates which agencies drafters should consider consulting to ensure that their paper addresses these matters:
- the Crown Law Office for proposals which have significant legal implications for the Crown, including: litigation to which the government may become a party, issues about the lawfulness of the exercise of government power, and constitutional issues (including Treaty of Waitangi issues) (for more information see CO (16) 2 Cabinet Directions for the Conduct of Crown Legal Business)
- policy proposals leading to legislation. It is mandatory to consult:
- the Parliamentary Counsel Office for all proposals, including amendments to legislation and regulations
- the Ministry of Justice:
- to ensure consistency with the New Zealand Bill of Rights Act 1990, the Human Rights Act 1993, and the Privacy Act 2020. The Ministry of Justice website includes useful guidance on how to identify and consider the impact on rights, and contact information
- for proposals for new criminal offences, infringements, or penalties (including civil pecuniary penalties), or to alter existing ones.
- Inland Revenue for proposals for tax legislation and regulations
- Te Puni Kōkiri | the Ministry of Māori Development for proposals that have implications for Iwi and Māori relations with the Crown, including existing settlements of Te Tiriti o Waitangi | Treaty of Waitangi claims and the Crown’s Treaty Settlement commitments, and
- Te Tari Whakatau | the Office of Treaty Settlements and Takutai Moana for proposals that have implications for takutai moana (the marine and coastal area) or future settlements of historical Treaty claims. Also note that:
- the circular CO (19) 5: Te Tiriti o Waitangi / Treaty of Waitangi Guidance includes useful guidance that can help with assessing Treaty impacts and addressing contemporary Treaty claims;
- if proposals would add, repeal, or amend a legislative provision that specifically refers to Te Tiriti o Waitangi | the Treaty of Waitangi, then the Treaty Provisions Oversight Group convened by Te Puni Kōkiri must also be consulted.
- the Ministry of Foreign Affairs and Trade for proposals that have implications for New Zealand’s international relations or implications for the Pacific realm countries (i.e. Cook Islands, Niue, Tokelau), any action to enter an international treaty or arrangement, and on issues concerning international law
- Land Information New Zealand and the Crown Law Office for proposals involving the use, long-term lease, or disposal of Crown-owned land.
Consultation on impacts on population groups
Any policy proposal will have impacts on particular population groups, such as people of certain ages or ethnicities. Ministers will want to know that these have been well thought through. The best way to work out if there are impacts on populations is to consult early with population agencies (i.e. government agencies which focus on population groups).
The list below indicates the agencies that drafters should consider consulting and includes links to further tools to help with analysis where these are available:
- Auckland – all proposals that will have a significant or disproportionate impact on Auckland – the Ministry of Business Innovation and Employment
- children - Oranga Tamariki – the Ministry for Children. The Child Impact Assessment Tool can help with assessing whether proposals will impact child wellbeing
- disabled people - Whaikaha – Ministry of Disabled People
- ethnic groups, including migrants, refugees, New Zealand-born generations of ethnic groups, and faith-based groups. The Ministry for Ethnic Communities has a number of resources including the Ethnic Communities' Data Dashboard.
- Māori – impacts on Māori as individuals, iwi, hapū, and whānau should be considered during policy development. Te Puni Kōkiri should be consulted on proposals that may have implications for Māori as individuals, communities or tribal groupings. The embedded link includes useful guidelines for engagement with Māori.
- older people - the Office for Seniors. The Office for Seniors has helpful resources including the Better Later Life Strategy and Ageing research
- Pacific peoples – the Ministry for Pacific Peoples. The Ministry has developed the Kapasa Pacific Policy Analysis Tool for assessing the impact of proposals on pacific peoples, and the Yavu booklet to help with culturally responsive and sustainable engagement
- rural communities – the Ministry for Primary Industries. The Ministry has put together rural proofing guidance to help assess the implications of policies on rural communities
- veterans - Veterans' Affairs
- women and people who identify as gender diverse - the Ministry for Women has created the Bringing Gender In tool to help examine the gender impacts of policies
- young people - the Ministry of Youth Development.
Consultation on other cross-government issues
Some papers may also require consultation with agencies that have responsibility for more specialised areas of activity with application across the government. These issues include:
- community and voluntary sector - proposals that have implications for the community and voluntary sector – the Office for the Community and Voluntary Sector
- constitutional issues - all proposals affecting constitutional arrangements, including the Treaty of Waitangi/Te Tiriti o Waitangi - the Ministry of Justice, and the Cabinet Office
- courts or tribunals - proposals to create, amend, or remove the jurisdiction of a court or tribunal; involve access to court information; or which may impact on court-based procedures and workloads - the Ministry of Justice. Note that this is a mandatory requirement
- debt to government - Inland Revenue has developed a policy framework and guidelines intended to help agencies design, implement, and evaluate policy and operational processes which relate to the creation, collection or write-off of debt. Note that the Student Loan Scheme sits outside the framework
- greenhouse gas emissions - proposals where reducing greenhouse gas emissions is a key policy objective, or the direct emission impacts are likely to be significant - the Ministry for the Environment
- government records - proposals with implications for the record of government activity and the custody of government records – Archives New Zealand
- local government - proposals that have implications for local government or that may have an impact on particular communities – the Department of Internal Affairs. The Guide for central government engagement with local government is a useful resource to support effective engagement with local government
- Ministers and Cabinet decision-making - proposals affecting central government decision-making processes, Ministerial ethics, and Ministerial portfolios – the Cabinet Office
- offending and victimisation - policy proposals that have a direct impact on offending and victimisation, that create or change criminal offences, infringements or penalties (including civil pecuniary penalties), or alter existing ones - the Ministry of Justice
- official information - legislative and policy proposals that may affect the application of the Official Information Act 1982 and the transparency of government - the Ministry of Justice. Further related guidance can be found on the websites of the Public Service Commission and the Ombudsman, including when consultation with the Office of the Ombudsman may be appropriate
- privacy and human rights - legislative and policy proposals that may affect the privacy of individuals, including information-matching proposals – the Ministry of Justice and the Office of the Privacy Commissioner. This includes the Privacy Impact Assessment tool, intended to be used by organisations to assess and address privacy risks when collecting, using, or sharing personal information, which is published by the Office of the Privacy Commissioner.
See the Human Rights Implications page for more information about Cabinet paper requirements relating to privacy and human rights - social cohesion - proposals which may impact social cohesion (i.e. social networks and support systems, or feelings of belonging to a community). The policy guide and quick reference guide, and other related tools and resources to support this analysis, are published on the Ministry of Social Development website
- statistical information - proposals that have implications for the collection, analysis and release of statistical information from surveys or administrative databases, or that relate to monitoring and evaluation – Statistics New Zealand
- proposals affecting central government decision-making processes, Ministerial ethics, or Ministerial portfolios - the Cabinet Office.