The requirements for APH papers set out below reflect the principles and practices set by Cabinet, and must be adhered to.
All papers for the Cabinet Appointments and Honours Committee (APH) should:
Drafting a paper to APH is one of the final steps in the appointment process. In some cases, however, it will not be possible to complete the appointment groundwork before the APH submission is prepared because, for example, it is not possible or appropriate to contact the proposed appointee before Ministers consider the appointment. In such cases, the paper should state that the appointment is contingent on the satisfactory resolution of any outstanding issues. This is explained in more detail in the section on appointments that are contingent on obtaining further information.
The paper should follow broadly the basic format for Cabinet and Cabinet committee papers. The paper, excluding attachments, should usually be no longer than four pages. It should contain information about the various issues listed below (note: the SSC/COMU guidelines provide detailed guidance on many of these issues):
- whether there are statutory consultation requirements, including nominations; whether any consultation has taken place with departments, groups or individuals with a legitimate interest;
- whether consultation with the Prime Minister, other Ministers, or caucus(es) has taken place or is deemed desirable;
"The Minister of [xx] recommends that the committee note his/her intention to appoint (or to recommend that the Governor-General, or the Governor-General in Council, appoints) [xx] to the [xx] board for a term commencing on [xx] and expiring on [xx] (or for a term of [xx] years commencing on the date of appointment), to replace [xx], whose term has expired."
Where a large number of appointments are proposed in one paper, it is often clearer to set this out in table format. For advice, contact the secretary of the APH committee (link only available to people with access to the Public Sector Intranet).
Annotated example of an appointment paper
Cabinet has decided that Ministers must certify for each appointment that an appropriate appointment process has been followed. This requirement recognises that the appointment process should be tailored to suit each appointment (within the terms of SSC/COMU appointment guidelines). It also ensures, however, that the process used is transparent in each case and can be assessed by APH and/or Cabinet as a whole.
Each submission must therefore contain a statement along the following lines:
"I can confirm that an appropriate process has been followed in selecting the proposed appointee, in terms of the SSC [or COMU] appointment guidelines.
In summary, that process comprised [specify steps taken, for example, consulting the COMU/Ministry of Women's Affairs/Te Puni Kokiri databases, discussions with the Board chair, consulting stakeholders (specify which), public advertising, using search consultants, interviewing candidates, reviewing the candidate's CV, and so on].
This process was appropriate for this appointment because [for example, the proposed appointee will chair the Board of an important Crown entity with a $100 million budget and a comprehensive selection process was therefore warranted; or this vacancy arose suddenly because of the death of a Board member and an abridged appointment process was therefore necessary]."
It may be prudent to recommend that a term commence on "the date of appointment", in order to avoid any problems associated with the time taken to complete the appointment process (for example, consultation, notification in the Gazette, and so on).
Appointments should not be backdated. This is because individuals should not be put in the position of being liable for decisions or actions taken before they were appointed. In the case of reappointments, backdating may be appropriate if the statutory provisions so permit.
Cabinet has decided that Ministers must certify for each appointment that any conflicts of interest that could reasonably have been identified have been identified, and that where a conflict of interest has been identified, an appropriate regime is proposed for dealing with it.
Detailed guidance on the identification and management of conflicts of interest is contained in the SSC/COMU appointment guidelines. Those responsible for managing an appointment process must ensure that they have undertaken thorough enquiries and have carried out a full analysis of potential conflicts of interest in accordance with the SSC/COMU appointment guidelines, before completing this section of the APH paper.
Each paper must contain:
EITHER a statement stating:
"I can confirm that appropriate enquiries concerning conflicts of interest have been carried out, in accordance with the SSC [or COMU] appointment guidelines, to identify any conflict of interest that could reasonably be identified and:
Either: no conflicts of interest have been identified.
Or: the following conflicts of interest have been identified [explain the nature of the conflict of interest]. The following regime is proposed to deal with the conflict [specify]."
OR a statement stating:
"Information concerning conflicts of interest is still outstanding because [explain why]. The appointment will not be finalised before appropriate enquiries concerning conflicts of interest have been carried out in accordance with the SSC [or COMU] appointment guidance. I will report back to Cabinet on the outcome of those enquiries, either confirming that no conflicts of interest have been identified and that the appointment has been made or, if necessary, referring any conflict issue that has been identified to APH or Cabinet for further discussion."
Every paper recommending an appointment must attach:
Cabinet Office forms are available under the Tools > Forms section of the CabGuide.
Before the paper is submitted to the Minister for signature, a careful check should be made to ensure that the information both in the attachments and paper is complete, accurate and consistent with other documentation.
In some cases, the APH paper may be lacking particular information that is required before an appointment can be finalised. For example, perhaps it has not been possible or appropriate to contact the candidate to confirm his or her availability for the appointment. In such cases, finalisation of the appointment will be provisional on appropriate enquiries being undertaken and the satisfactory resolution of the outstanding issues. The Minister should report back to APH or to Cabinet on the outcome of those enquiries, if a problem arises, for example, if the appointment is not confirmed or a conflict of interest problem is identified.