Public Service Commissioner Sir Brian Roche today announced the appointment of Mr Michael Heron KC to head an inquiry into the conduct of officials linked to a failed multi-million dollar technology project – including whether they may have withheld information and misled Ministers.
The inquiry will look into the integrity of the Ministry of Business, Innovation and Employment’s (MBIE’s) conduct in relation to the Biometric Capability Update (BCU) project. It will establish the facts and make findings to ensure the Public Service maintains the highest standards of integrity.
“This is an important inquiry,” said Sir Brian. “It goes to the trust and confidence of Ministers who must be able to rely on advice they receive from officials. The conduct and integrity of public servants is also fundamental to the trust and confidence New Zealanders have in their public service.”
Sir Brian said he was pleased to appoint Mr Heron to conduct the inquiry.
“Mr Heron is a respected barrister and former Solicitor-General,” said Sir Brian. “He has extensive legal experience and has been involved in a number of independent investigations for government agencies.”
Mr Heron, assisted by barrister Jane Barrow will investigate, make findings and report to the Public Service Commissioner on:
- What advice MBIE gave Ministers – how it was prepared, approved, what it said, when it was given, and whether it was consistent.
- What MBIE knew, or should have known, about the project at the time, and whether this matched the advice given to Ministers and agencies.
- Whether MBIE’s actions met the Public Service Code of Conduct, public service principles, and Cabinet Manual guidance, including the ‘no surprises’ principle.
- Claims of ‘creative accounting,’ and whether MBIE’s investment decisions followed Cabinet rules and guidance.
- What may have led to any deficiencies with MBIE’s advice, for example – including organisational, governance, cultural, system issues, or external pressures.
- Concerns raised about the project, how MBIE handled them, and whether the response was appropriate.
- How MBIE handled its independent review – including the advice given to Ministers and when the final report was shared.
- Any other matters needed to meet the purpose of the inquiry.
The Public Service Act gives the Public Service Commissioner a range of powers to support investigations, including obtaining relevant information from the agency which is being investigated and their employees. The Commissioner can also use additional powers under the Inquiries Act – including the power to summon witnesses, former employees and individuals outside of the Public Service. Any employment consequences resulting from the inquiry’s findings will be for the relevant employer.
It is anticipated the inquiry will take several months to complete due to the serious nature of these allegations, the complexity of the inquiry and the need to meet procedural fairness requirements.
Sir Brian and Mr Heron will not be making further comment until the investigation is completed.
Note for editors: The full Terms of Reference are available.
