SSC Report: New Zealand?s Open Government Programme Mid~ :5th- Strivr'cts cottons-sited- 4, re ltumihana'O N55 7-1? 55"? ?fa/his?: . term Self?Assessment Report for 2015. Date: 22 September 201.5 SSC report no: Contact: Tim Blackmore Telephone: 495 6713 Proposal: . 1. This briefing: 1.1 provides a draft mid?term self-assessment report (the Report) on New Noted Zealand?s 2014/16 Open Government Programme (OGP) National Action Plan, for your consideration (attached). 1.2 recommends that you share the Report with your colleagues, the Minister of Yes No- Internal Affairs; Minister for Land Information; and the Minister for the Community and Voluntary Sector, for any feedback. I 1.3 subject to any revisions suggested by your Ministerial colleagues, seeks Yes/ No your agreement to proceed to release the draft for further public comment prior to finalisation and publication. I Why: 2. As part of its OGP membership, New Zealand is required to submit its mid-term self- assessment report outlining New Zealand?s progress against 2014?16 OGP National Action Plan to the OGP international body for publication. The report needs to outline the consultation process undertaken to develop the National Action Plan, and our progress towards achieving our specified commitments up to September 2015. . 3. The release will also assist with the development of New Zealand's participation, through Minister Upston?s attendance, at the OGP Global Summit in Mexico in October. Key points: Summary of self-assessment report findings .4. The Report outlines a number of core achievements against our national commitments. The key message of the Report is that substantial progress has occurred across all Action Plan commitments, which are: 0 the Better Public Service Results Programme 0 the Government ICT Strategy and Action Plan to 2017 responding to Transparency International National Integrity System (NIS) Report reviewing the Kia Tutahu Relationship Accord. The Report also highlights the progress towards the OGP grand challenges and principles that is demonstrated through actions included in the Action Plan. The OGP grand challenges relevant to New Zealand?s Action Plan are: improving public services; increasing public integrity, and more efficiently managing public resources. The principles are transparency; accountability; participation, and technology and innovation. Third party review of our findings 6. As part of the formal OGP process an independent researcher, Steven Price, Victoria University Law School, has been commissioned by the OGP international body to conduct an independent third party review of our self-assessment, and report back. Mr Price has commenced his own consultation processes, and is conducting meetings with stakeholders to review our self?assessment. His work will culminate in an independent report to be released in January 2016 through the OGP international body. 380 will have the opportunity to review his report for factual accuracy in advance of release. Consultation consultation process through the govt.nz website, and has also engaged heavily with our Stakeholder Advisory Group in preparing the draft. The Report notes that we have learnt some valuable lessons from running our OGP Action Plan consultation processes over the last year, which we will implement to improve our future processes. Timeframes for this process were constrained, although they still met OGP recommendations. However, there is a lack of clarity from OGP guidance about the manner in which consultation processes should be undertaken. . Some submitters have been critical of the manner in which the consultation was undertaken, maintaining that a ?comment period? responding to the draft text of a preliminary self?assessment document was required, rather than the broader exercise 1 seeking feedback on progress that we ran. Guidance from the OGP is unclear in this area, and there is some risk that the independent assessment report will pick up this criticism. As a result, our recommendation is that we undertake a further round of public comment on the draft, and publish it in mid?October, prior to the Mexico summit. While this will mean that the report will not be published in accordance with the OGP timetable, by 30 September 2015, it is likely to be presented within a few weeks of this deadline, with limited impact on timeliness and how our self?assessment is viewed. (If the repOrt were delayed by 4 months, and published by 30 January 2016, for example, New Zealand could expect a formal communication from the OGP requesting an explanation in relation to the delay). We have also sought clarity from the OGP'support unit over the unclear guidance we received, and will engage with OGP to improve the guidance for future processes to ensure consistency. A further public comment round will provide the opportunity for wider input on the Report, and demonstrate that additional effort was made to receive this comment on the Report. A vocal minority also take a very narrow view of the purposes and New Zealand?s ambition, and we expect to continue to receive criticism about this matter in future consultation processes. This view is that some existing programmes that have been included in our Action Plan do not qualify for inclusion. The argument is that the programmes we have included are not new, and are unable to demonstrate that their inclusion in the Action Plan will, in itself, fast track delivery; a_nd that any outcomes from the programmes must in any event increase transparency, participation in governance, or public accountability. While we do not agree with this view, it will be something for us to bear in mind in designing future action plans. Most recently there has been some further traffic on the OGP digital consultation site on govt.nz. These submissions assert that New Zealand?s approach to the Trans Pacific Partnership Agreement (TPPA) negotiations is antithetical to New Zealand?s reported position on open government. This sentiment is consistent with a number of earlier submissions. it is unclear what has driven this latest group of submissions, but this may relate to recent developments in the TPPA negotiations or some other social media channels, treads or interests. Engagement with other agencies 17. 880 has developed the Report in close consultation with agency leads for each of the Action Plan commitments, including: 2 18. DIA for reporting on Result 10; the Government?s ICT Strategy and Action Plan to 2017; and the review of the Kia Tutahi Relationship Accord LINZ for Action Area 4 of the Government Strategy (Open by Default) 0 880 internal staff in relation to the BPS Results Programme and the response to the NIS Report. However, it would be appropriate for you to share the draft with your Ministerial colleagues, and request that they provide any feedback through you, or to officials, for incorporation priorto final publication. - Communications 19. 20. The community of interest for the OGP self?assessment is small, but there are some strongly critical voices. It can be expected that draft release and final publication will generate some negative comment consistent with the consultation feedback we have received. This will focus on a perceived lack of commitment, ambition, and the scope of communications/consultation undertaken to date, and possibly, further concerns with the TPPA. However, there is a very positive story of progress to be told about New Zealand?s achievements, which demonstrates clear deliverables in a variety of areas across relevant OGP grand challenges and principles. We will work with your office to finalise relevant communications in advance of publication of the final report. Comments: Agreed I Not agreed Minister?s signature: Date: 21883811 3