Office of Hon Simon Bridges MP rm Tauranga A as Mlnistei of Energy and Resuurtes Minister for Change WV MIHMFY at Tianspmi ISSUES A hilt" Ol il D('puty loader or the Home l" --li DEC 2015 ER881516-170 I refer to your email of 12 November 2015 requesting the following information under the Official Information Act 1982 (the Act) relating to the appointment of Phil Heatley to the board of the Energy Efficiency and Conservation Authority (EECA): All advice relating to the appointment In particular, I am interested in the person specification for the role (if any), whether the position was advertised, how possible candidates were identified, how the success/Hi candidate entered the process response to advertisement, selection from database, advice from Minister), how many candidates were considered, and how many were shortlisted, how many were interviewed, whether any conflicts of interest were identified, and how much they will be paid. Three documents have been identified in response to your request, as follows: 1. Brieiing dated 20 August 2015 -- EECA Board Recruitment 2015 2. Briefing dated 6 October 2015 -- EECA Board Appointments 3. Briefing dated 27 October 2015 -- Draft APH Paper: Energy Efficiency and Conservation Authority: Reappointments and Appointment. The specific details that you have requested relating to the appointment are all set out in these documents. However, for the avoidance of doubt: a The position was advertised in the four main daily newspapers (the Dominion Post the New Zealand Herald, The Press and the Otago Daily Times). and on the Ministry of Business, Innovation and Employment's website Nominations were also sought from the Ministry for Women and Te Puni Kfrkiri The successful candidate was nominated by me. as provided for in the proposed appointment process set out in the briefing attached as document 2 a 85 expressions of interest were received, and seven were shortlisted in addition to the successful candidate - None of the shortlisted candidates were interviewed No conflicts of interest were identified Private Bag l804l, Buildings, Wellington MED, Next Telephone 64 4 817 itiuii'iile 04 4 8V 6535 2 0 Members of the board are paid an annual fee of $14,000, in accordance with the Cabinet Fees Framework. Some information has been withheld from the attached documents under the following sections of the Act: to protect the privacy of natural persons to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between or to Ministers of the Crown or members of an organisation or officers and employees of any department or organisation in the course of their duty. Further information has been redacted, as it is outside the scope of your request. Where it has been necessary to withhold parts of the released documents in accordance with the Act, have identified the relevant provision of the Act. In terms of section 9(1) of the Act, I am satisfied that, in the circumstances, the decision to withhold this information is not outweighed by other considerations that render it desirable to make the information available in the public interest. You have the right under section 28(3) of the Act to ask the Ombudsman to investigate and review my decision. Yours sincerely Hon Simon Bridges Minister of Energy and Resources MINISTRY OF BUSINESS, f" if INNOVATION EMPLOYMENT HTKINA WHAKATUTUKI RI NG EECA Board Recruitment 2015 Date: 20 August 2015 Priority: Medium Security in Confidence Tracking 0562 15-16 classification: number: Action sought Action sought 45699de 5 ?1 Won Simon Bridges Minister of Energy and Resources Note the contents of this repo f\ <1 A ?w??ust 2 Indicate whether you invit Caucus to make nor@ 4. Contact for telephone discussion (if vv Name Position A T?el?ephonm 1st contact Mana er u, lg? Jamie Kerr 04 . PW ar 8 VA glam i ?ner ouch? '1 \yv am?) The foWWentsl encie??aze been consulted [1 Trees?? \fl NZTE MSD [j TEC MOE I. [j MFAT Amati}; [1 WE El TPK El MOH Other: office to complete: Approved I:l Declined Noted [1 Needs change El Seen Overtaken by Events Comments: See Minister?s Notes Vl?thdrawn MINISTRY OF INNOVATION EMPLOYMENT HTKINA WHAKATUTUKI BRIEFING EECA Board Recruitment 2015 Date: 20 August 2015 Priority: Medium Security In Confidence Tracking 0562 15-16 classification: number: Eurpose This brie?ng seeks your agreement to a process for appointing members to the Board of the Energy Ef?ciency and Conservation Authority, to replace two members, including th hair, whose terms expire on 31 January 2016. Recommended action A A on r? a Note the contents of this report; and Noted Indicate whether you want to invrt NZTE MSD TEC [j lj MFAT man)? DIA TPK ?6 Other: office to complete: El Approved Declined . 1:1 Noted Needs change Seen [1 Overtaken by Events See Minister?s Notes l:l Withdrawn Comments: MINISTRY OF BUSINESS, INNOVATION 5i: EMPLOYMENT Hiram WHAKATUTUKI BRIEFING Electricity Authority Board - Proposed Appointments Date: 6 October 2015 Priority: Medium Security in Confidence Tracking 1081 15-16 classification: number: Purpose This report updates you on expressions of interest received for the Chair and ers of the Energy Efficiency and Conservation Authority Board and recommends propose tments. Recommended action The Ministry of Busmess, Innovation and Employment recom u: a Note that the terms of the Chair and two member gy Eff? c? nservation Authority (EECA) Board expire on 31 Januag? Agree to recommend the re of To Chair, and Elena Trout as a member, for terms of threg 0 Agree to rec ?ppoi i?bn Phil Heatley as an additional member to the EECA of thre Agree Disagree Agre of?c?paper for Cabinet Appointment and Honours Committee. I ?g Agree Disagree Noted Agree Disagree Jamie Kerr Hon Simon Bridges Manager Energy Markets Policy Minister of Energy and Resources T: are MinisW'of'B?iness, Innovation Employment I .. I .. Background 1. The terms of the Chair of the Energy and Ef?ciency Conservation Authority (EECA), Tom Campbell, and board member, Elena Trout, expire on 31 January 2016. Both Tom and Elena have served a term of three years, and both have expressed interest in a second term. Tom has indicated his support for Elena?s reappointment. 2. As a Crown agent, EECA board members are appointed by the Minister of Energy and Resources, following consideration by Cabinet Appointments and Honours Committee. 13476 Brie?ng number: 1_081_ 1546 Prepared by: @(Zj?i In Confidence 2 Comment on proposed member Following the brie?ng of 20 August 2015 [0562 15-16], you agreed to a process for replacing or reappointing these members. You also indicated you wanted to appoint an additional member, Hon Phil Heatley, increasing the board size to seven members. An advertisement seeking expressions of interest was published in the main daily newspapers and nominations were sought from the Ministry for Women and Te Puni Kokiri. This ful?ls the requirement in the Energy and Ef?ciency Conservation Act 2000 that the Minister may not recommend a person for appointment without ?rst seeking nominations from interested parties. There were 85 expressions of interest. Many did not explicitly state whether they were interested in the Chair, member or both positions. Hon Phil Heatley 13. 14. You nominated Hon Phil Heatley as a suitable candidate for the EECA board. Hon Heatley?s experience as Minister of Energy and Resources from December 2011 to January 2013 gives him an excellent understanding of the governance structure of EECA, its projects, and role in the energy sector. This is complemented by his experience in agribusiness and engineering. Hon Heatley?s experience in working with community organisations and local government networks shows that he can work collaboratively and maintain relationships with key stakeholders. We recommend that you appoint Hon Heatley to a term of three years. Brie?ng number: 1081 15-16 Prepared by: QTZTE In Confidence 3 Comment on other expressions of interest 15. The Ministry has considered the 85 expressions of interest, and believes that at least seven of the interested people could be credible candidates for the EECA Board, based on their curriculum vitae information and in some cases our direct knowledge of them. None of these people have been interviewed and not all are known to us. The seven candidates are attached in Annex 1), in alphabetical order are: 5905(5) 16. On balance, our view is that none of these candid board than the current members, taking governance and leadership on the boa a preference, therefore, is to reappoint To of the EECA Board. Length of term - 17. 0 members to be appomted for terms of up to embers be appointed for full three-year terms. 18- . arion Cowden 83d. Pavid QOUIL ?nishin 93?ng 15 Next 19 \?ree to the recommendations In this report, we wull prepare a paper for Cabinet intments and Honours Committee consideration on 10 November. Annex 1: Curriculum Vitae MBIE-MAKO-29113476 Brie?ng 15:16 Prepared by: In Confidence? 4: Annex 1: Curriculum Vitae "mania MBIE-MAKO-291 1 3476 Brie?ng number: _1_081 15-16 Prepared by: 9 2X5) In Confidence MINISTRY OF BUSINESS, 7. INNOVATION EMPLOYMENT HTKINA WHAKATUTUKI Draft APH Paper: Energy Efficiency and Conservation Authority: Reappointments and Appointment Date: 27 October 2015 Priority: Medium Security In Confidence Tracking 1282 15?16 classification: number: Action sought Action sought CZ Hon Simon Bridges Agree to submit the attache Minister of Energy and Resources to cabinet Honours Committen Ag} 9 \7 Contact for telephone discussion (if [ream r\ lb" Name Position Telep?g?li?. 1st contact . - {$29? The magnum cies have been consulted Treas?ry A El NZTE Other: @ter?s office to complete: Approved El Declined Noted Needs change Seen El Overtaken by Events See Minister's Notes Withdrawn Comments: BRIEFING Draft APH Paper: Energy Efficiency and Conservation Authority: Reappointments and Appointment Date: 27 October 2015 Priority: Medium Security In Confidence Tracking 1282 15-16 classification: number: Purpose To provide you with a draft paper for Cabinet Appointments and Honours Committee notifying your intention to reappoint Tom Campbell and Elena Trout for a 1 and appoint Phil Heatley as a new member to the Board of the Energy Eff' onservat' Authority. a This paper seeks Your agreement to lodge the attached draft with th so by 10:00am on Thursday 29 October for the APH ue5t? ber. Becommended action A (3 A The Ministry of Business, innovation an Wigeco Was: a Agree to submit the attache {?end Honours Committee ?jp? Agree Disagree Jamie Kerr 3 Policy Minister of Energy and Resources Manager, Tzss't?zita I 's ess, innovation Employment Information on the draft Cabinet Paper 1. The attached paper outlines your intention to make the following reappointments and new appointment to the board of the Energy Efficiency and Conservation Authority (EECA): Hon Simon Bridges .4 . - a Tom Campbell as a member and chair for a second term; - Elena Trout as a member for a second term; and 0 Phil Heatley as a new member. 2. All three will take effect from 1 February 2016, for a term of three years. Annex Annex 1: Draft Cabinet paper, Energy EffiCiency and Conservation Authority: Reappointments and Appointment. including CAB 50/01 and CAB 51/01 forms MBEE MAKO: 29566718 Briefing No: 1282 15-16 Prepared by: In Confidence 2 Annex 1: Draft Cabinet paper Energy Efficiency and Conservation Authority: Reappointments and Appointment, including CAB 50/01 and CAB 51101 forms MAKO: 29566718 Briefing No: Prepared by: In 3 In Confidence OFFICE OF THE MINISTER OF ENERGY AND RESOURCES The Chair Cabinet Appointments and Honours Committee Energy Efficiency and Conservation Authority: Reappointments and Appointment Proposal 1 This paper outlines my intention to make the foilowing reappoi?Er and new appointment to the board of the Energy Efficiency and Conservati - from 1 February 2016: a. Tom Campbell as a member and chair for a se Elena Trout as a member, for a second ter . - - - Phil Heatley as a member for a term - Background 2 EECA was established un onservation Act 2000 (the EECA Act) and is the . i overnment?s energy efficiency of the EECA Act, is to encourage, promote and su sources of 3 EE agent in section 7 of the Crown Entities Act 2004 and board appoinwth mister of Energy and Resourcesfull?time equivalents (FTEs). in 2015/16, it has a budget of Warm Up New Zealand home insulation scheme and $31 million for rations. or the proposal he terms of Mr Campbell and Ms Trout come to an end on '31 January 2016. i am proposing to reappointment both of them and make one new appointment. 6 The Act states that the EECA Board consists of no fewer than six and no more than eight members. The Board currently has six members. I am taking this opportunity to increase the number to seven to widen the mix of skills and experience on the Board. Description of the positions 7 The Board is the governing body of ECCA, and its members must be recognised as professionals in their fields, with relevant experience and specialist expertise at a high leVel. As well as complying with the relevant criteria of the Crown Entities Act 2004 (section 29), the members must have between them a balanced mix of knowledge and experience in matters relevant to functions and responsibilities. This may include knowledge of, and experience in, the energy sector and the environment; community organisations; commerce; marketing and communications; governance and public sector management; and science and technology (section 25 of the EECA Act). 8 Aside from the legislative requirements, I looked for candidates with strong governance and business backgrounds. In Confidence Proposed candidates 9 I intend to make the following reappointments and new appointment: and the issues relating to work in the energy I a . .. .- icity Authority. This gives him a good understanding - gribusiness and engineering complements his experience in at all three candidates have complied with the requirements set out in section the Crown Entities Act 2004. This section stipulates that before a person is a. consent in Writing to be a member; certify that helshe is not disqualified from being a member; and e. disclose to the responsible Minister the nature and exteht (including monetary value if quantifiable) of all interests that the person has in matters relating to the statutory entity. Conflicts of interest 14 I can confirm that appropriate enquiries concerning conflicts of interest have been carried out, in accordance with the State Services Commission?s (SSC) appointment guidelines, to identify any conflict of interest that could reasonably be identified. 15 No significant conflicts of interest have been identified for any of the candidates. if any arise, they will be managed in accordance with the Crown Entities Act and procedure for managing conflicts. In Confidence 15 chersass??" Terms and remuneration 17 I propose that the terms for Mr Campbell, Ms Trout and Mr Heatley be for the fuil three years allowed under the Crown Entities Act. 18 EECA is classified under the Cabinet Fees Framework as a Group 3(a) Level 4 Management Board. Members are currently paid an annual fee of $14,0008E5f?50?9_ 1-. These fees are within the applicable Fees Framework range as defined in the latest version of the Cabinet Fees Framework (12) 6 refers]. Appointment process 19 I can confirm that an appropriate process has been foilowed?e i the prigx appointees, in terms of the SSC guidelines. 20 In accordance with the requirements in the EE - a s: expre erest via advertisements in the major newspapers a vation and Employment website. Suitable candid .- tabases of the Ministry for Women and Te Puni K6 Representativeness of app @k 21 I am satisfied that th ants a well?balanced Board in terms of gender, age, at aphic 'o and an appropriate mix of skills and experience@ . ?g . - my intention to make the following appointments to the Energy Efficiency and onservation Authority Board, all from '1 February 2016: i. Tom Campbell as a member and chair for a term of three years; ii. Elena Trout as a member for a term of three years; and P-hil Heatley as a member for a term of three years. 2 Note that all three appointees have complied with the ore?appointment requirements set out in section 31 of the Crown Entities Act 2004. Hon Simon Bridges Minister of Energy and Resources I Current Membership Form CAB 51/01 Cabinet Appointments and Honours Committee Organisation Energy Ef?ciency and Conservation Authority Current Membership List members, including those being replaced or reappointed, but excluding the proposed new appointee(s). A Name Age Citle own Date of original R?iry date of 3* r" appointmentAVS\ sent te A Mr Tom Campbell (Chair) lnvercargill 01- 07 3 0 Ms Marion Cowden (Deputy Chair) Wellington 3 Mr David Coull Wellington ?3101-2017 Mr Mervyn English Welli 31?01-2017 Ms Janet Carson 04~12?2017 Ms Elena Trout land 31-01-2016 0 ?69 oQ is? @6 a (it, Brief Outline of dRespWWes/gf Organisation The function'g??vituth . size in section 21 of the Energy Ef?ciency and Conservation Act 2000, is to encoura e, pro pport energy efficiency, energy conservation and the use of renewable energy resourc and. The Authority undertakes this function by: a) advis? star on matters relating to energy efficiency and conservation and the use of of energy in New Zealand; i b) a c) promoting public awareness in New Zealand on the? importance of energy efficiency and conservation and the use of renewable sources of energy; 9 the Minister to prepare and administer a strategy; d) promoting practices and technologies to further energy efficiency and conservation and the use of renewable sources of energy; e) arranging for the conduct of research, assessments, demonstrations and studies; f) monitoring and reviewing the state of energy efficiency, energy conservation and the use of renewable sources of energy in New Zealand; and g) publishing relevant information, research, and other material. Members of the Board are appointed by the responsible portfolio Minister, the Minister of Energy and Resources. Date: October 2015 Curriculum Vitae Form CAB 50101 All sections must be completed. This form should be completed in consultation with the candidate where possible. This form is available at -.. _r .