What is "political neutrality"?

State services agencies in New Zealand are apolitical. They must do nothing that will detract from the ability to work with the government regardless of the political parties that Ministers represent. Agencies work with the government of the day, but must also be able to work with successive governments. This means that State servants must ensure not only that they, and their agency, maintain the confidence of their current Minister, but also that the same relationship can be established with future Ministers. In order to do this, State servants must be politically neutral, ie they must perform their jobs professionally and without bias towards one political party or another.

Why is political neutrality important?

Long-term good government depends on good, free and frank advice. State Services agencies can provide this advice effectively only if Ministers, and the public generally, have confidence in them. The political neutrality, integrity and professionalism of the State Services help to ensure that this confidence extends not only to the current government but also to successive governments. In this way, political neutrality supports continuity in the business of government. It is essential to the maintenance of the public's trust in the institutions of government. Without this trust, good government cannot be assured.

Where does the political neutrality principle come from?

The political neutrality of New Zealand's State Services has its origins in the Public Service Act 1912. That Act put an end to political patronage. It required all employment decisions to be made independent of political interests, with employment appointments being based on merit, and tenure not dependent on a particular government or Minister remaining in office. The ability to work equally well with whatever government and Minister came to power therefore became a practical requirement of public servants.

Over time, the boundary between the functions of politicians (policy and advocacy) and the functions of public servants (policy advice, implementation and administration) became well understood. This division of functions requires a good working relationship between Ministers and departments. Changes in legislation and the governance structure of agencies have resulted in comparable arrangements and obligations throughout the State Services. Constitutional principles and conventions have developed to reinforce these boundaries and help guide Ministers and State servants in the exercise of their respective functions.

What does political neutrality mean in practice?

Put simply, State servants must not do anything (in either their personal or professional capacity) that could compromise, or that could be seen to compromise, their agency's ability to retain the government's confidence or which could jeopardise a sound working relationship with other Ministers (from whatever political party) in the future. This means that:

• State servants must do their job professionally and loyally, and without bias towards one political party or another. Having regard to their agency's role, they must implement government policy and be responsive to the government's needs, priorities and objectives to the best of their ability and without letting their personal interests or views influence their advice or behaviour;
• State servants must ensure that their work does not advantage particular individuals or groups in the community simply on the basis of the political affiliation of those individuals or groups;
• State servants have the same democratic rights as other New Zealanders and are encouraged to have a lively interest in the political process. To maintain public trust in their agency and the State Services as a whole, they must keep politics out of their job and their job out of politics.  Provided this obligation is respected, most State servants can be fully involved in political activities. However, it is inappropriate for very senior State servants and for those who work very closely with Ministers to take an active role in party politics.
• In any public or private contact with a Member of Parliament or political party, State servants must be scrupulous to avoid prejudicing, or appearing to prejudice, the political neutrality of the State Services;
• State servants may publicly express their own political or personal views, but in doing so they must not:
• express these views in a way that could be taken as a comment in their official capacity rather than as a private citizen;
• indulge in personal attacks on Members of Parliament;
• criticise government policy with which they have been professionally involved or that the agency they work for is required to implement;
• reveal advice given to Ministers. If advice has been "officially released", for example, under the Official Information Act or through public statements made by the Minister, State servants must not comment or expand on that advice without the prior approval of their manager or chief executive;
• use or disclose official information which is not readily available to the general public.
• Particular care needs to be exercised in election periods as the behaviour, relationships and expectations of State servants, Ministers and other Members of Parliament that would otherwise be unexceptional may be seen to have a particular significance (see: www.ssc.govt.nz/election-guidance-2008).

Are there rules that must be followed in specific situations?

Political neutrality is an enduring requirement for all State servants. However, it is not always easy to interpret and apply the political neutrality principle in practice and to identify the boundary between what is, and what is not, politically neutral advice or behaviour. It will always be a matter of judgement. It will also depend on the particular circumstances, relationships, the position held by the State servant, and timing.

As a general rule, if a particular activity or behaviour has the potential to be seen as breaching the political neutrality principle, and if the result is likely to lead to a loss of trust and confidence in the State Services, then that activity or behaviour should not be undertaken. Inevitably, as State servants become more senior, more visible publicly, and operate in closer proximity to Ministers, the constraints on the expression of their opinion, and on their behaviour generally, will become greater. This is because it is more likely that any partisan comment or action on their part would be (or could be seen to be) in breach of the political neutrality principle.

Some circumstances and times can pose particular challenges to a politically neutral State Services and/or create difficulties for individual State servants, for example:

• around election times;
• in the day-to-day support for Ministers in the House;
• in providing free and frank advice generally;
• in dealing with the public;
• in dealing with Select Committees and Royal Commissions, and
• in responding to media and public demands for information and/or explanations.

For further information and guidance on the application of the political neutrality principle in these situations (see Political Neutrality Fact Sheets 2, 3, 4 and 5, and State Servants, Political Parties and Elections : Guidance for the 2008 Election Period).

What is the role of State Services agencies in explaining Government policy?

State Services agencies are responsible for explaining and implementing government policy. It is the function of Ministers to defend or justify their government's policies and decisions. Ensuring roles are separated in this way strengthens the political neutrality of the State Services. Achieving this separation requires that each agency has processes to ensure:

• only staff who have been expressly authorised by the chief executive respond to media and other requests for information;
• all responses to requests for information and comment about that information, comply with the agency's media and information-related policies and with the provisions of the Official Information Act
• any comment from the agency must be balanced, factual and impartial;
• in explaining policy, there is no "political spin" given to the issues involved - the focus must be on providing factual information and not on the justification behind the policy;
• where the agency provides information about any research, rationale and findings behind a policy, it is not appropriate to comment on the political decision or discussions that led to it, or to provide opinions on the policy;
• no suggestion is made to the media or other inquirers that particular types of questions should be asked - this may be akin to the unauthorised release of information, or "leaking";
• discretion and common sense is exercised in dealing with information requests - sometimes the only proper response may be simply to confirm that the decision is "government policy".

What is the role of the State Services Commissioner in promoting political neutrality?

The State Services Commissioner is responsible for setting standards of integrity and conduct in the State Services. Politically neutrality and professionalism are central to those standards.

The Commissioner's code, issued under section 57 of the State Sector Act, includes standards relating to political neutrality which agencies and their staff must meet (see www.ssc.govt.nz/code).

State Services agencies have a common commitment to the Development Goals for the State Services, which seek to establish a system of world class professional State Services, serving the government of the day and meeting the needs of New Zealanders (see ssc.govt.nz/development-goals). The Trusted State Services goal requires fair, impartial, responsible and trustworthy behaviour from all agencies and the people who work for them. A function of the Commissioner is to provide leadership in the pursuit of the development goals.

Who can I go to for help if faced with a political neutrality dilemma?

In the first instance, State servants should discuss any issue or concern with their manager and, if necessary, their chief executive.

Publications relating to the conduct of State Servants in an election year and additional guidance on aspects of political neutrality are accessible on the State Services Commission website (see www.ssc.govt.nz/election-guidance).

Further assistance and advice can be sought from the State Services Commission (email: integrityandconduct@ssc.govt.nz ).

Where can I find out more about political neutrality?

Standards of Integrity and Conduct - a code of conduct for the State Services (see www.ssc.govt.nz/code ) and supporting documentation.

State Servants, Political Parties and Elections: Guidance for the 2008 Election Period (see www.ssc.govt.nz/election-guidance-2008).

Cabinet Manual (see www.dpmc.govt.nz/cabinet/manual/index.html ).

History of the New Zealand Public Service (see www.ssc.govt.nz/Public_Service_neutrality )