Ko te toi o te rangi me te taumata waioranga mo Aotearoa

8/9/2024

Let me analyse the crucial issues of public service leadership appointments, merit, and constitutional governance.

The metaphor at the heart of the whakataukī above, of needing to manage “between heaven and earth” perfectly captures the unique complexity of public service chief executive roles.

These aren’t simply senior management positions – they don’t just exist in the employment context – they are constitutional offices at the heart of our democratic system.

Let’s unpack why the merit principle matters so fundamentally for kāwanatanga.

First, there’s the historical context. The 1912 formalisation of merit-based appointments wasn’t just administrative reform but a response to systemic issues that eerily mirror our current challenges. The combination of massive public works, a cost-of-living crisis, and concerns about patronage led to reforms that still underpin our public service today.

Second, the notion that these are “just another fixed-term role” fundamentally misunderstands their constitutional significance. Public service chief executives must maintain political neutrality while deeply engaging in political processes. They must uphold institutional capability while implementing current government priorities. They must manage the ‘purple zone’ – that complex space where administrative and political imperatives intersect.

Third, and to the reasons for this point, the Te Puni Kōkiri reappointment, as reported by Politik, Stuff and Business Desk, illustrates this complexity perfectly. The role of the chief executive of Te Puni Kōkiri, who is also the principal advisor on Crown-Māori relationships, is a constitutional role that has to bridge multiple worlds: they have to have a deep understanding of public policy, experience in Iwi and Hapū negotiations, and the ability to distinguish between cultural advice and public administration. This isn’t just about technical competence – it’s about constitutional capability.

Yes, institutional balance also matters. While cultural competence is essential, it shouldn’t come at the expense of core public policy capabilities. The ability to conduct equity, cost-benefit, institutional, and regulatory impact analysis in the context of Crown-Māori relationships is crucial for effective governance.

The reappointment process itself reveals something important about our constitutional arrangements. While the Public Service Commissioner manages the process independently, ministers have significant input through position requirements and interview panel participation. This isn’t a bug in the system – it’s a feature that ensures political accountability while maintaining administrative independence.

The Business Desk reporting suggests that the reappointment of the Te Puni Kōkiri chief executive raises legitimate questions about institutional capability. Can Te Puni Kōkiri effectively deliver culturally responsive public services and high-quality policy advice on Te Tiriti and Māori outcomes? This isn’t just about individual leadership but institutional design and capability.

What’s at stake here isn’t just an employment decision – it’s about maintaining the quality of governance in a critical area of state responsibility. Transparent merit-based appointments and reappointments aren’t just good practice – they’re constitutional safeguards ensuring our public institutions can effectively serve current and future generations.

This returns us to the fundamental nature of these roles: public service chief executive roles require individuals who can maintain dispassionate judgment while implementing passionate service delivery, uphold political neutrality while navigating political realities, and accept public accountability while maintaining institutional integrity.

These aren’t just job requirements—they’re constitutional obligations.