Ministry of Justice, New Zealand

FUNCTIONS AND RESPONSIBILITIES

The Department of the Prime Minister and Cabinet occupies a unique position at the centre of New Zealand’s system of democratic government.  It exists to support the effective conduct of executive government by the Prime Minister, the Governor-General and members of the Cabinet.  The department’s principal role is provision of advice, on a daily basis, to the Prime Minister and Cabinet on the wide range of complex issues that confront the Government – particularly its policy priorities.  Issues that governments are required to deal with are often complex or pressing, and require well-founded advice and judgement.  DPMC also provides impartial advice, through the Clerk of the Executive Council and Government House, to the Governor-General.  In addition it plays a role in coordinating and leading the work of government departments and agencies, and other entities as appropriate, to ensure that decision making takes account of all relevant viewpoints and that advice is as coherent and complete as possible.

Website: www.dpmc.govt.nz

STRUCTURE

The Chief Executive is head of the Department. There are six business units within the Department: the Policy Advisory Group, Domestic and External Security Group, External Assessments Bureau, Cabinet Office (which also includes the Honours Secretariat), Corporate Services Group and Government House. 

Business Units

Policy Advisory Group (PAG) is responsible for providing free, frank and impartial advice on issues of the day directly to the Prime Minister and, as appropriate, to other Ministers. The advisors can commission and coordinate advice from other government departments, and draw on information and analysis from a range of external sources to ensure advice is well informed. They are well connected and able to take an active role in problem solving and helping departmental officials understand the context for Ministers’ decisions.

Records
A large part of the records held by the Group is advice to the Prime Minister and sections 9(2)(f) and 9(2)(g) of the Official Information Act may apply to information held.  Where members of the Group lead or participate in a policy process, files will be maintained as appropriate.

Cabinet Office provides impartial secretariat services to support Cabinet and Cabinet Committee decision-making processes, the Executive Council, and legislation programming.  The Cabinet Office has particular responsibility to ensure that executive government is well conducted and continues in accordance with accepted conventions and practices. It is the custodian of knowledge and experience of the New Zealand system of Cabinet government.  Much of this experience is codified in two resources:

1. The Cabinet Manual (www.cabinetmanual.cabinetoffice.govt.nz), which provides authoritative guidance on central government decision making and which records constitutional conventions and practices.
2. The CabGuide website, which provides more detailed procedural advice on Cabinet processes (www.cabguide.cabinetoffice.govt.nz).

The Cabinet Office provides advice on the matters set out in these resources.

The Secretary of the Cabinet as Clerk of the Executive Council has a range of constitutional duties to advise, independently, the Governor-General and the Prime Minister.  The Clerk of the Executive Council is the line manager for the Official Secretary and has an overall responsibility for Government House.

The Cabinet Office includes the Honours Secretariat.  The Honours Secretariat is responsible for the administration of the New Zealand Royal Honours System.

The statutory and formal responsibilities of the Secretary of the Cabinet and Clerk of the Executive Council are:

• to administer the Letters Patent Constituting the Office of the Governor-General of New Zealand 1983;
• to preserve and maintain the official records of Cabinet, and to administer the convention on access to documents of a previous administration;
• to prepare documents associated with the election process under the Electoral Act 1993 and the Constitution Act 1986;
• to administer the Civil List Act 1979;
• to administer the Seal of New Zealand Act 1977;
• to administer the Royal Titles Act 1974;
• to certificate subordinate legislation approved in Executive Council in terms of section 32 of the Evidence Act 1908;
• to certificate other instruments executed by the Governor-General in terms of the Official Appointments and Documents Act 1919;
• to administer the Oath of Allegiance, the Executive Councillors' Oath and the Parliamentary Under-Secretary's oath in terms of section 23 of the Oaths and Declarations Act 1957;
• to administer the Statutes of The Queen's Service Order (2007), The Order of New Zealand (1987) and The New Zealand Order of Merit (1996 and 2000);
• to administer the Royal Warrants of the New Zealand Gallantry Awards and the New Zealand Bravery Awards (1999); and
• to certificate and seal documents of the New Zealand Government Property Corporation in terms of section 10 of the New Zealand Government Property Corporation Act 1953.

Records
The records held in the Cabinet Office are categorised broadly as Cabinet documents, Cabinet Office working files, Honours files and administration files.

The majority of these records are papers relating to the activities of Cabinet and its Committees (i.e. agendas, submissions and minutes). They cover the entire spectrum of government business. Most submissions to Cabinet and its Committees are drafted in government departments or agencies on behalf of their Ministers and copies are held in the filing system of the relevant department. When a Minister is satisfied with a draft submission, he or she will sign it and refer it to Cabinet Office for processing and distribution.

A prime consideration in the handling of cabinet documents is the need to ensure that the decision-making process of government is protected and that Ministers and officials can enter into a free exchange of views. This consideration is reflected in sections 9(2)(f) and 9(2)(g) of the Official Information Act.

After Cabinet's decisions have been made, the sensitivity of many documents diminishes rapidly and they can be considered for release if requested.

Access to Cabinet documents
In general, a request for a copy of a Cabinet document should be made first to the department or agency in which it originated or which is most closely associated with the subject matter. If the document is a Cabinet record of the current government, that department or agency may decide on the request itself or may transfer the request to the Minister under the provisions of section 14 of the Act. If the document is a Cabinet record of a previous government (currently in opposition), a special convention applies. The Cabinet Office undertakes consultation with the Leader of the Opposition about the proposed release so that opposition views can be considered in deciding whether to release the information.

The Cabinet Office has certain archival responsibilities for State papers including the formal minutes of the Executive Council. However, it should be noted that documents approved in the Executive Council are returned to the originating Minister in all cases. Enquiries should be directed to the office of the Minister in the first instance.

Domestic and External Security Group (DESG) provides advice on national security issues that affect New Zealand, principally onshore but also overseas, and undertakes a coordination and leadership role across government agencies on these matters.  It also has a crisis management function.  National security issues encompass a range of risks to national welfare, and include counter-terrorism, intelligence, emergency preparedness and management, biosecurity and pandemic events, and defence force deployments.  DESG coordinates cross-government efforts to maintain security preparedness and responsiveness.  The unit focuses on policy and planning, and security risk mitigation. 

DESG provides the secretariat for the Officials’ Committee for Domestic and External Security Coordination (ODESC) which meets at Chief Executive level and is chaired by DPMC.  The Group also provides support for the Parliamentary Intelligence and Security Committee, and the Commissioner of Security Warrants.  Information held by DESG may be classified.

Acts administered
Intelligence and Security Committee Act 1996.
International Terrorism (Emergency Powers) Act 1987.

Records
The Domestic and External Security Group maintains files relating to the responsibility of the Officials Committee for Domestic and External Security Coordination for oversight of the intelligence community and the development of national security policies, including those relating to possible terrorist threats.

Civil Emergency files relate to natural disasters and emergencies within New Zealand and the coordination of the Government's response and recovery phases following such disasters.

Information held relates to various domestic and external security issues referred to the Officials Committee for Domestic and External Security Coordination or directly to the Group.

Manuals
The Security in the Government Sector Manual is an unclassified document. The Manual sets out security procedures for the protection of official information. The security procedures are mandatory for government departments and ministerial offices and are made available to state-owned enterprises and Crown entities to assist them in meeting their obligations under the Official Information Act 1982 and the Privacy Act 1993. The Manual is issued to all government departments and ministerial offices and is also available at www.security.govt.nz.

Government House is responsible for providing administrative and support services for the Governor-General to enable the Governor-General to carry out the functions of the office. This includes the maintenance of Government House and its grounds in Wellington, as well as the smaller Government House in Auckland.
The Governor-General's website is www.gg.govt.nz.

External Assessments Bureau (EAB) is part of New Zealand’s intelligence community.  It provides in-depth assessments on events and trends overseas which affect New Zealand’s interests to the Prime Minister, selected other Ministers, and senior officials in other departments. These are usually of a political, economic, strategic or biographical nature. Assessments draw on a wide range of New Zealand and foreign-sourced information and intelligence, both classified and public. Reports range from immediate assessments on developing crises to longer-term reports on matters of strategic importance to New Zealand.

Programmed reports are normally subject to approval by the interdepartmental National Assessments Committee (NAC) before being issued. The NAC, which is a subcommittee of the Officials’ Committee for Domestic and External Security Coordination (ODESC), also tasks the Bureau to prepare specific reports.

Records
The Bureau holds information designed to facilitate appropriate responses to anticipated and unexpected requests for reports and assessments. That information is sourced from other government departments and agencies, public sources and foreign governments.

In addition, the Bureau holds administrative records and correspondence with a range of government departments and agencies, New Zealand diplomatic posts and with foreign government agencies including intelligence services. Information held by the Bureau may be classified.

The Corporate Services Group coordinates the production of the Statement of Intent, Annual Report and other reporting requirements under the Public Finance Act 1989 and the State Sector Act 1988. It negotiates and administers employment agreements, coordinates the selection and appointment of new staff, maintains personnel files and leave records, and develops and implements human-resource policies. It supplies accounting services and financial reporting, information and IT services, and HR and payroll services. The unit plays a significant role in information-systems management, planning, development and support to the rest of the DPMC.

Administrative and organisational records
The unit holds the financial records of the department, in some cases since its establishment, in 1990 in both electronic and hard copy form, as well as various external and internal reporting documents. It holds personnel records and staff information including details of internal policies. It also administers and stores electronic information about the department's business activities other than that which is the responsibility of its business units.

Enquiries, Reviews, and Task Forces
The following groups were part of the Department and information relating to them has been transferred in some cases, to other departments. This is indicated below.

• House Prices Unit 2007
• Foreshore and Seabed Group 2003/05 (transferred to Ministry of Justice at 31 January 2005)
• Climate Change Project 2001/03 (transferred to the Ministry for the Environment at 31 January 2003)
• Prime Ministerial Taskforce on Positive Ageing 1996/97 (see Ministry of Social Development)
• Prime Ministerial Taskforce on Employment 1994 (see Department of Labour)
• Health Reforms Directorate 1991/93
• Health Reforms Coordination and Communication Group 1991/94
• Crown Health Enterprise Establishment Unit 1992/94
•  Crown Health Enterprise Monitoring Unit 1993
• National Interim Provider Board 1991/92 (refer to the Ministry of Health)
• Review of the Electricity Shortage 1992
• Inquiry into Nuclear Propulsion 1991/92
• Change Team on Targeting Social Assistance 1991/92

CONTACT

Written requests to the Department should be addressed in the first instance to:
Chief Executive
Department of the Prime Minister and Cabinet
Executive Wing
Parliament Buildings
WELLINGTON 6011

Phone: (04) 817 9700
Fax: (04) 472 3181

The following officers can be contacted at the above address:
Chief Executive
Corporate Services Manager
Director, Policy Advisory Group (PAG)
Director, Domestic and External and Security Group (DESG)
Director, External Assessments Bureau (EAB)
Secretary of the Cabinet and Clerk of the Executive Council
Director, Honours Secretariat

Cabinet Office Enquiries:  Phone: (04) 817 9743
Enquiries about New Zealand Royal Honours:  Phone: (04) 817 9840
PAG: Phone: (04) 817 9696
DESG: Phone: (04) 817 9697
EAB: Phone: (04) 915 2900
Official Secretary Government House: Phone: (04) 389 8055

Commissioner Security Warrants: Phone: (04) 817 9697