Content of Cabinet Submissions
Submissions must meet the requirements set out in the CabGuide at: www.dpmc.govt.nz/publications/cabguide
- background information - e.g. the legislative provisions for appointments to the organisation
- the reasons for the proposal - e.g. replacing a member whose term has expired
- description of the position - what the position involves and the qualifications required for the position (particularly those required by statute)
- Minister's certification that an appropriate appointment process has been followed
- the proposed appointee's qualifications for the position - e.g. professional qualifications, personal attributes, previous experience on boards
- how the proposed appointment would enhance the balance of skills and experience on the particular board
- Minister's certification concerning conflicts of interest
- any other matters affecting the suitability of the proposed appointee, for instance whether it is a second or subsequent term, and the reasons why reappointment is considered to be justified
- fees payable - what fee 'category' the board fits into and whether the proposed fee is within the parameters of the Cabinet Fees Framework
- an account of the consultation undertaken
- confirmation that full consideration has been given to an appropriate balance on the board in gender, age, ethnic and geographical terms, and that the contribution of disabled people is reflected
- if there will be any publicity about the appointment.
All papers for APH must be accompanied by:
- a completed copy of the curricula vitae form (CAB 50) for each proposed appointee, and a form listing current membership details (that is, before the appointments proposed in the paper take effect)
- a brief outline of the functions and responsibilities of the organisation (CAB 51)
- a form, indicating what consultation has taken place in respect of the appointment (CAB 100).
Current versions of the forms can be found on the CabGuide website - dpmc.govt.nz/publications/cabguide.
Declaration about interests
Ministers must confirm, in the APH submission:
- that appropriate enquiries concerning conflicts of interest have been carried out, to identify any conflict of interest that could reasonably be identified (see Chapter 2: Interests, conflicts and other due diligence checks).
- either that no conflicts of interest have been identified, or how it is proposed to deal with an identified conflict.
If full information concerning conflicts of interest has not been received from the proposed appointee in time, the APH paper must note that the appointment is subject to the satisfactory completion of conflict of interest checks. A report back to APH may be required if significant issues arise in the course of those checks that raise questions about the suitability of the appointment.
The wording of the recommendation must reflect the relevant statutory provision, i.e.
"The Minister of [aa] recommends that the committee note his/her intention to appoint (or to recommend that the Governor-General, or the Governor-General in Council, appoints) [name] to the [bb] board for a term commencing on [xx] and expiring on [yy] (or for a term of [xx] years commencing on the date of appointment), to replace [zz], whose term has expired [or other reason]."
In some cases, as a result of consultation with his or her ministerial colleagues, a responsible Minister may suggest a 'new' candidate at the end of the process, or ask for alternatives to the name/s put forward.