Employer’s are quite good at identifying issues in the workplace by instinct – does it meet the “sniff test”; does something smell “fishy”? Recent revelations suggest that some government policies and their implementation have something “off” about them -they smell.
Associate Health Minister Casey Costello, who is also the Customs Minister, has cut excise tax on Heated Tobacco Products (HTPs) by 50 percent from 1 July, claiming that it will be a more attractive alternative to smoking. The changes were silently implemented on the Customs website.
Treasury and Ministry of Health have both given the Minister advice contrary to her claim that HTPs "have a similar risk profile to vapes". In fact officials from both agencies have advised her that HTPs are more harmful than vaping, and that there is no evidence that they are significantly safer than cigarettes or that they work as a quit smoking tool. The Minister claims she received other "independent advice" to support the changes.
The Minister finally released her “independent advice”. The five papers are said to be an “opinion piece” and four scientific reports that are not applicable to the New Zealand context, being out of date, or relate to products other than heated tobacco products. On that basis former Health Minister Ayesha Verrall has made a complaint to the Auditor-General saying the “independent advice” fell well short of the "synthesis of scientific reports" that usually constitute public health advice.
Similarly, following the Uber Court of Appeal decision which upheld the Employment Court decision that Uber drivers are employees, the Minister for Workplace Relations and Safety, Brooke van Velden, outlined proposed changes to the laws on independent contractors. It is reported that the proposed changes are very similar to the position advocated by Uber when it met with the Minister in May this year.
The government is accused of copy and pasting Uber's “solution” on contractors - and adopting it as official policy. The Minister rejects any suggestion of preferential treatment and claims she has taken on a broad range of advice in developing the changes. In support of her contention, she claims that the proposal put forward by Uber was "very different" because it was not a "retrospective law or rule change which was in that original proposal".
Not surprisingly, the Council of Trade Unions disagreed strongly, it’s President Richard Wagstaff saying "You only have to read what they've put forward here and what the minister announced and they're virtually the same. Picking out the smallest changes really doesn't excuse the overall impression here that they've followed Uber's instructions."
RNZ analysed companies and shareholders associated with 12 fast-track projects under the government’s fast track legislation and linked them with more than $500,000 in political donations to National, Act and New Zealand First and their candidates. Those projects include a quarry extension into conservation land and a development whose owner was publicly supported by National MPs during a legal battle with Kāinga Ora. Two also donated to NZ First or Shane Jones, and two donated a total of $150,000 to Act within the same period.
Those donations at least raise the perception of potential conflicts of interests. The Minister, Chris Bishop, in a written statement explained the process for managing the conflicts. Ministers who declared an interest with a particular project “left the room for any discussion at Cabinet Committee or Cabinet relating to that project”. He said that “details regarding conflicts of interest are not generally disclosed in order to ensure the confidentiality of Cabinet proceedings, to maintain the effective conduct of public affairs and, in some cases, to protect personal privacy. This has been the approach of successive administrations”. With respect Minister, seldom has such draconian power been devolved to three government ministers to bypass laws that every other New Zealander (and overseas interests) need to work through.
Employers and employees are obliged to address the “smell test” through the obligation of good faith that is at the heart of employment relationships. Good faith provides that parties to an employment relationship must deal with each other in good faith; and must not, whether directly or indirectly, do anything to mislead or deceive each other (or do anything that is likely to mislead or deceive each other). It is wider in scope than the implied mutual obligations of trust and confidence.
If Ministers wish to be seen to be acting in good faith and to avoid the perception that they are misleading or deceiving the public, maybe they should be more forthcoming and front foot issues more often. They should also have meaningful protocols to deal with the perception of conflicts of interest. Like employment relationships, it does not look good when problematic documents are finally released through channels such as the Privacy Act or the Official Information Act. Read more.....