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Legal, privacy, copyright

The Open Government Partnership New Zealand website is managed by Te Kawa Mataaho Public Service Commission.

Privacy

Our privacy policy is governed by the New Zealand Privacy Act 2020.

On this website we use web measurement tools to collect statistical information about your visit. We use this information to help us understand how people are using ogp.org.nz

and to improve the site. These tools do not identify the individuals using the site. We can see a record of what people do on the site, but not who they are. The information we collect includes:

  • Your top level domain name, for example .co.nz
  • The search terms you use
  • The pages you visit on the site and the links you select
  • The date, time and duration of your visit
  • The site you visited before arriving at ogp.org.nz
  • Your operating system, for example Windows 10, Linux or Mac OS
  • The kind of technology you use, for example desktop, mobile, tablet

The type of internet browser you are using to view ogp.org.nz or example Firefox or Internet Explorer.

Our site uses temporary cookies (files that a website transfers to your computer) to help balance the load on our servers. These cookies do not collect any personal data and are deleted when you close your browser. You can choose to disable the use of cookies, but this may affect your ability to use some of the site's features and view some content.

This site also uses Google Analytics, a web analytics service provided by Google Inc. Google Analytics uses cookies. The information generated by the cookie about your use of the site is transmitted to, and stored by Google on servers in the United States. Google uses this information for the purpose of evaluating how you use this site, compiling reports on site activity, and providing other services relating to site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. When you use this site you consent to the processing of data about you by Google, in the manner and for the purposes set out above.

The search engine on this website is Google's Custom Search Engine (CSE). Personal information that you provide within your search terms (if any) will be held by the Commission. Such information may also be held by Google Inc. Google's use of such information is addressed in its Privacy Policy.

In order to improve the security of our IT systems we may use IT monitoring services including monitoring services provided by one or more third parties. If you provide information to the Commission in electronic form you agree that the information can be monitored for IT security purposes by the Commission and by any third parties engaged by the Commission.

Requesting and disclosing your personal information

You have the right to ask us for a copy of the personal information we hold about you. You can also ask for this information to be corrected, if you think it is wrong.

If you would like a copy of your personal information, or to have it corrected, please contact us at:

The Privacy Officer
Te Kawa Mataaho Public Service Commission
PO Box 329
Wellington
or send an email to commission@publicservice.govt.nz

 

Transparency

Overarching statement

The Public Service Commissioner’s core roles and responsibilities relate primarily to individual Public Service agencies and their secretaries. The Commissioner:

  • appoints and employs Public Service secretaries
  • reviews the performance of Public Service secretaries
  • investigates and reports on matters relating to integrity and conduct.

This transparency statement explains how we collect, use and share information gathered about members of the public or other entities (directly or indirectly) to support those roles and responsibilities. This includes:

  • enabling the Public Service Commissioner to conduct inquiries and investigations under clauses 2, 3 and 4 of schedule 3 of the Public Service Act 2020, or where Commissioner has certified it is reasonably necessary that the provisions of the Inquiries Act 2013 specified in clause 8 of schedule 3 of the Public Service Act 2020 apply in relation to an investigation, and to more generally ensure that high standards of integrity and conduct are maintained in relevant parts of the public sector as described in section 44(b) of the Public Service Act 2020
  • taking appropriate steps to respond to potential threats to the physical security of staff, or the security of information or places.

Legislative framework

We take care to exercise our information gathering powers appropriately and meet our obligations under the Public Service Act 2020, Privacy Act 2020, Inquiries Act 2013, the Bill of Rights Act 1990, the Standards of Integrity and Conduct, and relevant Commission policies and procedures at all times.

In the case of inquiries or investigations, our legislation empowers the Public Service Commissioner to conduct any investigations that the Commissioner considers necessary or the Minister directs, including the ability obtain information and enter premises under clauses 2, 3 and 4 of schedule 3 of the Public Service Act 2020, or, where Commissioner has certified it is reasonably necessary, apply the provisions of the Inquiries Act 2013 specified in clause 8 of schedule 3 of the Public Service Act 2020 in relation to an investigation.

Inquiries or investigations are initiated via the Commissioner invoking their authority under schedule 3 of the Public Service Act 2020. The Commissioner can choose to put in place processes to ensure quality control and independently test the processes and conclusions of an inquiry through peer review.

Under clause 6 of schedule 3 of the Public Service Act 2020 the Public Service Commissioner has the ability to delegate this authority to a nominated person or persons. In that situation they are acting on behalf of the Commissioner and have the same legislative obligations and powers as the Commissioner.

This statement applies to information gathered by us, our contractors, or any other third parties engaged by us, or to whom the Commissioner has delegated any of their functions.

What information is covered by this statement, and why do we collect it?

This section explains how we collect, use and share information when we are initiating or conducting inquiries or investigations, or taking appropriate steps to respond to potential threats to the physical security of staff, or the security of information or places.

Information collected directly

The information we collect is provided directly by people or entities, or an authorised representative, according to our statutory powers including information required for initiating or conducting our own inquiries or investigations.

Information collected from another person or agency

This may include us receiving or requesting information from other people or agencies. Any such information will be gathered in accordance with our statutory powers and in compliance with the relevant legislation and any information sharing agreements, memoranda of understanding (MOUs) or similar.

We will take all practicable steps to verify information received from third parties.

From time to time we receive integrity queries or complaints from members of the public. Where this relates to a specific agency or agencies, we may make contact with the agency or agencies (or where appropriate their monitoring agency) to verify or evaluate the statements made. If this cannot be done without disclosing the name of the person making the query or complaint, we seek that person’s approval before contacting the agency. Our actions will be informed by the principles of the Privacy Act 2020 and the Information Gathering model standards.

We also collect information as part of the appointment and performance evaluation processes for Public Service leaders under the Public Service Act. The information is collected with the person’s knowledge and in compliance with relevant employment law.

We may also collect publicly available information– for example media reports – where this is relevant to our legislated powers and functions.

Collection by third parties

In exceptional circumstances, and where information gathering requires capacity or specialist capability that we don’t have within our organisation, we may from time to time engage a third party to collect information for us. Such information gathering (including about individuals) is subject to standard legal limits relating to privacy, access to private property, and the privacy/security of communications by individuals, among other things.

Any such information gathering must be procured and approved according to our internal processes, clearly setting out the business need and scope of work, and include the expectations and obligations we have of the third party with regard to conduct. That process, and the related activities, are regularly reviewed to ensure compliance with the law, our internal policies, and our risk management requirements.

 

What do we do with it? Do we share it?

How we use it

We only use the information we gather to fulfil our statutory functions, including where it is relevant to us initiating or conducting our own inquiries or investigations. We will only do so if required or permitted by law, or with the authorisation of the person or entity that is the subject of the information.

When we share it

We may share information where necessary in order to properly carry out our legislated functions. This information will be shared in accordance with our statutory powers and in compliance with the relevant legislation and any information sharing agreements, MOUs or similar with the other agency. This may include where it is relevant to us initiating or conducting our own investigations or inquiries. We will take all practicable steps to verify information provided to third parties

We may, for example, share information with:

  • a statutory oversight agency or complaints body
  • anyone we believe could provide information that is relevant to whether to investigate a complaint, or to an investigation or inquiry, including witnesses
  • the Police or another government agency, if required by law (for example to assist with the investigation of a criminal offence), or to report significant misconduct or breach of duty or where there is a serious threat to health or If our staff are threatened or abused, we may refer this to the Police.

How will we protect it?

Information is stored and retained in accordance with our privacy policy and internal information policies, protocols and guidelines, and in compliance with the Privacy Act 2020 and the Public Records Act 2005.

Enquiries and complaints

If you have any enquiries about our information gathering activities, or believe we have not acted in accordance with this statement, you should contact us at the following address:

Te Kawa Mataaho Public Service Commission
2 The Terrace
P O Box 329
Wellington 6140
Phone +64 4 495 6600
Or by email at commission@publicservice.govt.nz.

Guidance on how to request information under the Official Information Act 1982 is available here.

Read these terms and conditions relating to use of material published on this website.

Copyright

Copyright material on the Te Kawa Mataaho Public Service Commission website is protected by copyright owned by the Commission on behalf of the Crown. Unless indicated otherwise for specific items or collections of content (either below or within specific items or collections), this copyright material is licensed for re-use under the Creative Commons Attribution 4.0 International licence. In essence, you are free to copy, distribute and adapt the material, as long as you attribute it to Te Kawa Mataaho Public Service Commission and abide by the other licence terms. Please note that this licence does not apply to any logos, emblems and trade marks on the website or to the website's design elements. Those specific items may not be re-used without express permission.

For convenience and informational purposes only, this website provides links to other websites. These other sites may contain information that is the copyright of third parties and subject to restrictions on reuse. Permission to use copyrighted materials from other web sites must be obtained from the copyright owner and cannot be obtained from the Commission.

To view a copy of the Creative Commons Attribution 4.0 International licence visit https://creativecommons.org/licenses/by/4.0/

Please note that no departmental or governmental emblem, logo or Coat of Arms may be used in any way that infringes any provision of the Flags, Emblems, and Names Protection Act 1981. (www.legislation.govt.nz/act/public/1981/0047/latest/whole.html#dlm52216) Attribution to the Crown should be in written form and not by reproduction of any such emblem, logo or Coat of Arms.

If you wish to reproduce any images on this site, please contact us at commission@publicservice.govt.nz.

Disclaimer

1. The information available on or through this website is intended to provide general information to the public and all reasonable measures have been taken to ensure the quality and accuracy of the information available on or through this website. However, the Commission:

  • may change, delete, add to, or otherwise amend information contained on this website without notice;
  • cannot accept any liability for the accuracy or content of material on this website; and
  • is not responsible for the content of other websites linked to or referenced from this website. The Commission neither endorses the information, content, presentation, or accuracy of such other websites, nor makes any warranty, express or implied, regarding these other websites.

2. The contents of this website should not be construed as legal advice and does not replace or alter the laws of New Zealand or alter any other official guidelines or requirements.

3. Reference to any specific commercial product, process, or service whether by trade name, trademark, manufacture, or otherwise does not constitute an endorsement or recommendation by the New Zealand government or the Commission.

4. Each page on this website must be read in conjunction with this disclaimer and any other disclaimer that forms part of it.