IN CONFIDENCE .t Te TarI TaIwhenua lnternalAffairs IN CONFIDENCE Contents Introduction ................................................................................................................................. 2 Part One: Strategic opportunities and challenges ........................................................................... 3 New Zealanders’ expectations are changing… ................................................................................. 3 …and the Internal Affairs portfolio is crucial to support government transformation.................... 3 Keeping New Zealanders safe by improving regulatory systems ..................................................... 4 Championing the preservation of the nation’s memory, and creation of new knowledge ............. 6 Supporting the digital transformation of government .................................................................... 7 Financial sustainability ..................................................................................................................... 8 Part Two: Roles and responsibilities ............................................................................................ 10 Your role as Minister of Internal Affairs ......................................................................................... 10 The Department’s role in supporting you ...................................................................................... 11 The Department’s role in supporting the identity, culture and heritage of New Zealanders and New Zealand ......................................................................................................... 11 The Department’s all-of-government roles.................................................................................... 13 Part Three: Briefings and decisions .............................................................................................. 16 Appendix A: Ministerial roles and responsibilities ........................................................................ 18 Appendix B: Legislation we administer ........................................................................................ 23 Appendix C: Appropriations ........................................................................................................ 28 Appendix D: Key contacts in the Department of Internal Affairs ................................................... 32 1 IN CONFIDENCE Introduction Welcome to the Internal Affairs portfolio. The Internal Affairs portfolio serves New Zealand by laying a foundation for New Zealanders to build on. For example, registering a birth enables a parent or guardian to access government services for their baby. Obtaining a passport enables New Zealanders to travel internationally. Engaging with our founding constitutional documents enables us to share in our nation’s history. As Minister of Internal Affairs, you set the portfolio’s policy direction. This includes the direction for identity services, government information management and public records, fire and emergency, and gambling. You are also Vote Minister and Minister responsible for overseeing the Government’s ownership interests in the Department of Internal Affairs (Department). The Department advises you on policy and legislative proposals, implements your policy directions, and delivers many services such as citizenship and passports. As a responsive regulator, the Department helps keep New Zealanders safe in areas ranging from censorship to anti-money laundering and gambling. The Department also preserves New Zealand’s public records, which underpin the memory of our nation and government, and New Zealand culture. This occurs through the key institutions of Archives New Zealand and the National Library of New Zealand. Several of the Department’s services, such as identity and the stewardship of public records, are also at the heart of cross-agency initiatives to transform government services through the use of new digital technologies. Through a delegation from the State Services Commissioner, Cabinet tasked the Department’s Chief Executive with the role of Government Chief Digital Officer (GCDO) in order to lead this digital transformation across the State sector. Our role is to support you to deliver your policy priorities. We will work with you to understand the direction you wish to take. This briefing sets out opportunities and challenges for the portfolio. It also sets out your roles and responsibilities, along with those of the Department. We look forward to working with you, to support the delivery of your priorities. 2 IN CONFIDENCE Part One: Strategic opportunities and challenges New Zealanders’ expectations are changing … 1. The Internal Affairs portfolio presents significant opportunities. Changes in society and technology mean that New Zealanders connect and live differently than previous generations, and expect more when interacting with government. More New Zealanders are accessing government services online. New Zealanders expect to access services this way more often, and at a time and place that suits them. Their expectations of privacy and of security are also shifting. As our nation changes, government is evolving. … and the Internal Affairs portfolio is crucial to support government transformation 2. The Internal Affairs portfolio has long played a role in developing and supporting new functions and activities. This has proven valuable for delivering a wide range of functions that either do not fit well with other agencies or that are too small to stand alone. 3. As times change, the Internal Affairs portfolio continues to serve New Zealanders. It keeps people safe, fosters national identity and culture, and delivers government services that are being transformed through digital technology. Working across government is crucial to respond to New Zealanders’ changing expectations of government. 4. You can lead initiatives designed to make New Zealand better for New Zealanders. Your new role provides three overarching opportunities:  keeping New Zealanders safe by improving regulatory systems;  championing the preservation of the nation’s memory, and creation of new knowledge; and  supporting the digital transformation of government through the services that the Department delivers to New Zealanders. 3 IN CONFIDENCE 5. You have a key role in ensuring that the Department, while remaining financially sustainable, delivers on the Government’s priorities. This requires strategic choices and trade-offs to improve outcomes for New Zealand communities. This also requires ensuring the best spending of public money and proper management of any budgetary pressures. We will seek your early decisions and support you to make these strategic choices. Keeping New Zealanders safe by improving regulatory systems 6. The Department operates 13 regulatory systems, ten of which are within the mandate of your portfolio.1 7. Regulatory systems shape the behaviour of individuals and organisations, many of which help keep New Zealanders safe. This occurs in important areas such as gambling, censorship, identity, and anti-money laundering. Each of these regulatory systems operates within a changing and evolving context. Working together across government, regulated sectors, and the wider community 8. 9. 1 To understand our evolving regulatory systems, we work across government and engage with regulated sectors and communities. This helps us to improve systems to maximise benefits for New Zealanders, while minimising harm from regulated activities. Working together also helps to centre regulatory systems around New Zealanders, from policy design, through regulatory delivery, to review and improvement. As Minister, your main role is to determine the policy for regulatory systems, and to work with your colleagues to progress more significant policy proposals through Cabinet. You also have specific statutory implementation responsibilities. For example, see “statutory decision making – citizenship and passports” in Appendix A. The regulatory systems within the Internal Affairs portfolio are: censorship; unsolicited electronic messages; private security and investigators; anti-money laundering and countering financing of terrorism; gambling; fire and emergency; births, deaths and marriages; identity and passport services; national library (legal deposit and public lending right); and public records. The Department also manages regulatory systems for local government, racing and charities. 4 New Zealanders’ experiences using public services The State Services Commission’s annual Kiwis Count survey measures satisfaction and trust with the most commonly used public services. Significantly, 87 per cent of 2016 survey respondents said their expectations were met when looking for public service information online. Passport services were the second most improved services with satisfaction rising 9 points to 85 per cent. New Zealand remains the only country enabling online passport renewals. This is a good example of digital technology enabling world leading public services. IN CONFIDENCE 10. To assist you, we will advise on the policy settings of regulatory systems, as you consider whether they need to evolve. We will also continue to improve our regulatory practice to remain responsive and relevant. 11. There are immediate opportunities for you to shape policy for fire and emergency, and gambling. 12. You will shortly receive a briefing on the fire services reform. It will outline the regulations needed to “round out” the legislative regime for the recently established national organisation, Fire and Emergency New Zealand (FENZ). 13. We also anticipate providing a briefing that introduces you further to gambling issues and opportunities, and discussing the gambling regulatory system with you. 14. Areas which may warrant particular attention are the growth of online gambling both domestically and around the world, the regulation of the Class 4 (gaming machine) sector, and the extent to which community groups and charities should be able to offer raffle tickets online. 15. The regulatory framework for gambling in New Zealand, with the exception of casinos, is based on the principle that community groups should benefit from the profits that are made (via grants), while the cost of mitigating gambling harm is primarily borne by the industry (via the Problem Gambling Levy). 16. Online gambling operators based in other countries are not captured by this regulatory framework. They are able to make profits from customers in New Zealand without having to support community groups and gambling harm services in this country. 17. The Racing Amendment Bill that was introduced by the previous government seeks to address the specific issues presented by offshore bookmaking. However, there is an opportunity to consider the challenges presented by online gambling more generally. We would welcome a cross-portfolio conversation with the Minister for Racing to consider whether and how to progress work that would seek to address the spectrum of online gambling as a whole, both domestically and offshore. 5 IN CONFIDENCE Championing the preservation of the nation’s memory, and creation of new knowledge 18. Archives New Zealand (Archives NZ) and the National Library of New Zealand are important institutions which operate as distinct entities within the Department. They hold the physical and digital record of the nation’s memory for all New Zealanders. This includes key constitutional documents like Te Tiriti o Waitangi, the Treaty of Waitangi. 19. It is crucial to preserve and keep this information safe. Archives NZ preserves the memory of the New Zealand government to ensure government accountability, transparency and continuing public trust and confidence. The Chief Archivist’s independent regulation of government information and records management is important for New Zealanders’ trust and confidence in government. 20. The National Library of New Zealand preserves the memory of New Zealand society for future generations, and to help foster New Zealanders’ cultural identity. We plan to brief you further on these two institutions, their functions, services and related statutory bodies. 21. Along with collecting and preserving information, making information physically and digitally accessible is key. Archives NZ and the National Library of New Zealand have long term strategies, which include facilitating greater access to heritage collections and public archives holdings. Digitisation (transferring analogue content to digital formats) is an important tool in improving access. 22. In combination, collecting, preserving and making information accessible fosters the memory of our nation. It also enables new content discovery and new knowledge creation. Greater creation and sharing of knowledge, and use and reuse of information, benefits New Zealanders. This can range from enriching New Zealanders’ cultural identity to realising benefits and opportunities from open government information. Preserving the nation’s memory: working together to achieve effective investment in fit for purpose physical repositories 23. Archives NZ and the National Library of New Zealand need fit for purpose repositories for the nation’s irreplaceable taonga, valued in excess of $1.6 billion and growing. 6 IN CONFIDENCE 24. Archives NZ’s Wellington repository is at the end of its service life, and is below required seismic resilience standards. Pressure on storage capacity is at critical levels; Archives NZ has temporarily suspended physical transfers to the Wellington repository. Archives NZ is forecast to run out of space in Wellington by 2020, and the National Library of New Zealand by 2030. 25. Pressure on infrastructure is increasing. Digital information growth will not reduce this pressure in the near future. For example, physical paper transfers to Archives NZ are forecast to slow only from 2030. Critical infrastructure issues are compromising our ability to effectively preserve our documentary heritage, and to ensure ongoing access. 26. The previous government invested $10.1 million to support preliminary planning for increasing the storage capacity and resilience of both repositories. Decisions will need to be made about the steps to take next. 27. The Department would like to brief you shortly on this work to preserve the nation’s memory, protect government’s irreplaceable taonga, and to ensure continued access to this knowledge base and the links to an increasingly digital memory. This will include information about the infrastructure issues that have been identified and the choices that may be available regarding any additional investment which is necessary. Supporting the digital transformation of government 28. The shift to digital services is an important driver of innovation and can empower people, organisations and government. Digital technologies and data can facilitate a more democratic, participatory government for New Zealanders. 29. The goal is to ensure that government is responsive in a changing world where technology helps New Zealanders thrive. Better use of new and emerging technologies can help tailor services to people’s needs, and protect data and information. 30. A whole of system approach is central to achieve this transformation. All levels of government need to collaborate and be system stewards to deliver the services and experiences of government that New Zealanders expect. 7 IN CONFIDENCE 31. You will have opportunities to engage with Ministerial colleagues, including the new Minister for Government Digital Services, on aspects of this digital transformation. Within the Internal Affairs portfolio, digital transformation is at the heart of the delivery of identity services and the work of Archives NZ and the National Library of New Zealand. 32. In parallel, the Government Chief Digital Officer (GCDO, a role held by the Department’s Chief Executive) will continue engaging with chief executive colleagues across the State sector. This partnership supports the ambitious vision for digital government and transformed government services. It also leads to agencies operating less as individual silos, and being better joined-up for the benefit of New Zealanders. The GCDO’s work with the Government Chief Data Steward and other major State sector players is also crucial.2 33. The Department’s strong service ethos also contributes to the digital transformation of government. It enables the Department to influence and improve wider government services around the needs of New Zealanders. For example, we lead projects to achieve cross-government services based around significant life events. 34. Our service delivery expertise also means the Department leads by example, with costeffective services centred on New Zealanders’ needs. We are transforming our own siloed legacy systems to an integrated infrastructure. This transformation will help to ensure the proper stewardship of personal information while also enabling improved use of data to help deliver services. 35. Part Two contains more information about the GCDO role and about how we deliver services. Financial sustainability 36. 2 As Minister responsible for the Department, you are accountable to Parliament for the Department’s overall performance and for Vote Internal Affairs. The Government Chief Data Steward is the Chief Executive of Statistics New Zealand. This role treats data as a system asset to help achieve better outcomes for New Zealanders, while maintaining and enhancing trust and confidence. 8 IN CONFIDENCE 37. Our continued financial sustainability is fundamental to us meeting the Government’s priorities and our strategic goals. 38. In 2016, the Department delivered its work programme within its existing budget. The Department’s forecasts indicate significant cost pressures over the next four years to 2021. The Department will address these pressures over the short-term through business efficiencies, and a small capital-operating swap. 39. However, the Department has forecast that this work will not fully address a longer-term funding gap. Current policy settings for passports fees and funding are a key driver of this. We will brief you on the trade-offs and choices in the near future. Next steps 40. The Department has started to develop options for medium and long-term efficiencies and trade-off choices through a Stewardship and Organisation Sustainability Programme. This Programme is due to be completed in mid-2018, having positioned the Department to meet the identified cost pressures and respond to your priorities. 41. We will brief you on key elements of the Stewardship and Organisational Sustainability Programme, how this programme will inform annual updates of the Four-Year Plan, and the 2019 refresh of the Long-Term Investment Plan. We will consult you as we update these documents to ensure that they reflect your priorities for the portfolio. 42. Options to address cost pressures will likely require Cabinet to make strategic choices. We will support you in this process, and will meet you to discuss the options identified. 9 IN CONFIDENCE Part Two: Roles and responsibilities Your role as Minister of Internal Affairs Portfolio responsibilities 43. Your key roles and responsibilities in the portfolio include:  setting the direction and priorities for the portfolio;  being accountable to Parliament for Internal Affairs portfolio appropriations within Vote Internal Affairs; and  a wide range of statutory and other responsibilities. Responsibilities for the Department 44. You are the Minister responsible for the Department. You are responsible to Parliament for the Department’s performance, and for Vote Internal Affairs (comprising the appropriations for all of the ministerial portfolios that the Department supports). The accompanying Welcome to the Department of Internal Affairs briefing contains more information about the Vote and appropriations. 45. Appendix A contains information about your Ministerial responsibilities, focusing on your statutory responsibilities. 46. Appendix B outlines the legislation the Department administers. 47. Appendix C details the appropriations within the Internal Affairs portfolio. 10 $503.5 million Internal Affairs portfolio appropriations for 103 1 Vote Acts and Regulations DIA is responsible for 7 Portfolios IN CONFIDENCE The Department’s role in supporting you 48. We support you as the Minister of Internal Affairs, and as the Minister responsible for the Department. We will:  provide high quality advice to inform your decisions;  provide support during the legislative process for various Bills in the House;  draft replies to public correspondence, Official Information Act requests, parliamentary questions and media enquiries; and  assist you in your statutory responsiblities which are outlined in Appendix A. 49. Part Three outlines upcoming briefings and decisions over the next three months. Appendix D outlines departmental contacts. 50. We have a number of other key roles in addition to those described in paragraph 48. These include:  fostering New Zealanders’ national identity, along with the nation’s culture and heritage through our documentary past; and  all-of-government roles linked to your portfolio. These include: digital leadership through the GCDO; privacy practice through the Government Chief Privacy Officer; and public records management through the Chief Archivist. 2016/17 59,685 birth registrations 2016/17 32,490 death registrations 2016/17 23,662 marriages & civil unions The Department’s role in supporting the identity, culture and heritage of New Zealanders and New Zealand 51. The Department delivers important identity services to New Zealanders. Many of these services reflect milestones in life, with the Department registering births, deaths, marriages, and civil unions. These functions matter to New Zealanders. 52. Our services include granting New Zealand citizenship to people who were born overseas. We also operate an online identification service. This enables New Zealanders to prove who they are online, and access private sector and government websites and services. 11 2016/17 721,656 passports issued IN CONFIDENCE 53. 54. The Department also provides New Zealand passports to citizens. This enables New Zealanders to travel internationally. Our world-leading end-to-end online passport application process places New Zealanders at the centre of this service. The strict measures for issuing and handling passports mean that New Zealand passports are respected worldwide. However, the way services are delivered is shifting. The public expects government to operate in an efficient, joined-up way that makes it easy to access services (see adjoining case study). Our systems must change in order to improve this. The Department is embarking on the first of two, three-year tranches of a major infrastructure transformation programme. The programme is called Te Ara Manaaki, which means the journey/pathway we are on and the support we will all receive. Te Ara Manaaki will enable us to deliver authoritative identity and life event products and services in better ways. We intend to brief you separately about this. “The College has also been impressed that DIA’s overall vision for this work (to improve the lives of new parents) has been apparent as the driving motivation throughout what was undoubtedly a complex project.” New Zealand College of Midwives’ Chief Executive Karen Guilliland, referring to SmartStart, in a State Services Commission case study 12 Designing services around life events The Department leads several projects to improve crossagency life event services for New Zealanders. SmartStart launched in December 2016. It provides a single web application for accessing government and non-government services associated with pregnancy and the first few months of a child’s life. In June 2017, Te Hokinga ā Wairua End of Life Service was launched. This service helps users to access information about preparing for or managing bereavement. It is also designed to ease the burden for next of kin, and make it easier for estate executors. IN CONFIDENCE 55. The department also plays an important role in protecting and promoting the culture and heritage of New Zealand as a nation. As a trusted guardian, the Department, through Archives NZ and the National Library of New Zealand, preserves and makes important cultural identity and heritage information and taonga available to New Zealanders and the world. This includes the three founding constitutional documents that shape our nation:  the 1835 He Whakaputanga o te Rangatiratanga o Nu Tireni (Declaration of Independence of the United Tribes of New Zealand);  the 1840 Te Tiriti o Waitangi (Treaty of Waitangi); and  the 1893 Women’s Suffrage Petition (Te Petihana Whakamana Pōti Wahine). “The Declaration, the Treaty and the Petition each remind us that when a set of values, based on equality, participation and respect, are put down in writing and signed by many, they can become a powerful and abiding symbol of hope and inspiration for the future.” The Governor-General, the Rt Hon Dame Patsy Reddy, GNZM, QSO, He Tohu opening speech The Department’s all-of-government roles 56. Within the Department sit three all-of-government roles. They are: the Government Chief Digital Officer (GCDO); the Government Chief Privacy Officer (GCPO); and the Chief Archivist. 57. The GCDO, supported by the Department, works across government to achieve transformed digital government. This means developing:  integrated digital services;  forward-looking policy, and strategic insights to drive the digital agenda;  common platforms, approaches and standards; and  digital expertise and capability through centres of excellence. 13 He Tohu Our three founding constitutional documents form a new permanent exhibition at the National Library of New Zealand called He Tohu (‘A declaration. A treaty. A petition.’). Strong partnerships with Māori leaders and women’s groups helped create this exhibition. You may wish to build on the Crown-iwi partnership, and demonstrate the principles of Te Tiriti o Waitangi while He Tohu is in place and beyond. Another opportunity is to work with the Minister for Women on the upcoming 125th anniversary of Women’s Suffrage. We plan to align He Tohu with the Ministry for Women’s programme to coordinate anniversary events across New Zealand. IN CONFIDENCE 58. As mentioned in paragraph 32, the GCDO achieves collaborative change through engagement with counterparts across the State sector. In addition, the GCDO:  works with suppliers to help agencies plan for and invest in digital capability using government’s collective buying power;  exploits emerging technologies, such as public cloud services (which enable greater workforce mobility, collaboration, and resilience);  implements effective assurance processes to manage risks across government and ensure the delivery of benefits. This maintains trust and confidence in government services while undertaking digital transformation; and  delivers trusted government information in one place (govt.nz), ensuring that government websites are secure, and provides guidance to help agencies improve their online services. 59. The GCPO supports the GCDO. The GCPO leads an all-of-government approach to privacy. This is to meet changing expectations of trust, confidence and integrity in government services. 60. The GCPO works to ensure that government use of information is safe and effective. An allof-government approach is fundamental as the growth, pace and demand for digital technology and cloud services increases. State sector chief executives remain accountable for agencies’ privacy settings and performance. 61. We note the manifesto commitments to protect and enhance the rights of individuals regarding their digital information. This included commitments regarding people’s right to access personal information held by government. The Department, GCPO and GCDO are ready to discuss with you and the Government Digital Services Minister how further progress could be made in these areas. 14 IN CONFIDENCE 62. 63. The Chief Archivist’s regulatory function is also an all-of-government role. The Chief Archivist sets the framework for creating and managing information in the State sector. This includes:  setting standards and supporting government (including local government) recordkeeping;  regulating the disposal of records;  undertaking audits within central government; and  facilitating records’ access and use. This ensures that the memory of New Zealand government is well managed and preserved for future generations. The stewardship of this formal public record also helps to ensure that government functions in an accountable and transparent fashion. 15 IN CONFIDENCE Part Three: Briefings and decisions 64. The following table is a list of briefings relevant to your portfolio that, subject to your approval, we will provide you in the coming months. We will work with your office on the delivery of these briefings. Date to Minister October 2017 Title Establishing inquiries November 2017 Introduction to Citizenship November 2017 Passport cancellations Overview of passports statutory responsibilities and two appeals to the Court of Appeal on passport cancellations For noting High November 2017 Advice on the reinstatement of Parliamentary Business Outlines how Bills are reinstated and the policy and legislative process For decision High November 2017 Introduction to the Lottery Grants Board Overview of roles and responsibilities, the Board’s strategic direction, and regular briefings For decision High November 2017 Stewardship and Organisational Sustainability Programme Introduction to the Programme and how we can maximise the use of resources to deliver your priorities For decision High November 2017 Overview of the budget process Overview of the budget process, including the role of the Vote Minister and interaction with portfolio Ministers For noting High 16 Detail Overview of establishing government inquiries For noting Overview of your roles and responsibilities, and regular briefings For decision Priority High High IN CONFIDENCE Date to Minister Title Detail Priority November 2017 Introduction to the National Library and Archives NZ and overview of their medium and long-term strategies Introduction to the functions of these two entities, an overview of their strategies and the long-term digital preservation focus, which are connected to a proposed budget bid For decision Medium November 2017 Fire and Emergency New Zealand and the fire services reform programme Overview of your role, background to fire services reform, and timeline of key upcoming milestones For decision Medium 65. You may also receive introductory briefings or information from Crown entities and statutory bodies connected to your portfolio. Appendix A contains information about Crown entities and statutory bodies connected to your portfolio. Briefing on the reinstatement of parliamentary business 66. We intend to brief you shortly about the reinstatement of parliamentary business. This includes the following two Bills, which were before the House at the dissolution of Parliament. 67. Both of these Bills were introduced by the previous Minister of Internal Affairs. However, you may wish to engage with the new Minister for Government Digital Services to discuss whether the Electronic Interactions Reform Bill should remain the responsibility of the Internal Affairs portfolio or transfer to the Government Digital Services portfolio. We will work with your office to confirm your preferred approach for these Bills. Bill name Current status Births, Deaths, Marriages, and Relationships Registration Bill This Bill re-enacts the Births, Deaths, Marriages, and Relationships Registration Act 1995. Awaiting first reading Electronic Interactions Reform Bill This Bill is an omnibus bill that amends a range of legislation to enable digital interactions between individuals, businesses, and government agencies. Awaiting second reading 17 IN CONFIDENCE Appendix A: Ministerial roles and responsibilities Financial responsibilities As Minister, you have financial responsibilities for the Internal Affairs appropriations and output expenses within your portfolio. You also have responsibilities for Vote Internal Affairs, as Minister responsible for the Department. Responsibility for Vote Internal Affairs Your responsibility for Vote Internal Affairs involves working with other Ministers to support activities under the following portfolios.  Internal Affairs  Local Government  Racing  Community and Voluntary Sector  Ethnic Communities  Ministerial Services In addition to these continuing portfolios, work will need to be undertaken to establish an appropriation for the newly created portfolio for Government Digital Services. The Vote Internal Affairs structure provides flexibility and opportunities for moving resources to meet demand. Relevant portfolio Ministers must agree to the reprioritisation of funds within the Vote (i.e. between portfolio allocations). This enables a high level of collaboration between you and your ministerial colleagues. You therefore have a key role in coordinating overall budget planning and reporting for the Vote. 18 IN CONFIDENCE You also have a responsibility for the overall efficiency and effectiveness of the Department. The Welcome to the Department of Internal Affairs briefing explains more about the Vote. Responsibility for Internal Affairs appropriations As portfolio Minister, you are responsible for the activities which fall within the Internal Affairs portfolio. This does not include activities that fall under other portfolios the Department also supports. You are responsible for expenditure and services received under appropriations or output expenses relevant to the Internal Affairs portfolio. These are summarised in Appendix C. Crown entity monitoring You are responsible for three Crown entities. You review each Crown entity’s operations and performance, and participate in the setting and monitoring of each Crown entity’s strategic direction and targets. You also recommend appointments to the boards of these entities:  Fire and Emergency New Zealand (FENZ) reduces unwanted fires and the associated risk to life and property, through firefighting and fire safety activities. FENZ also performs other emergency responses. FENZ is a Crown Agent that must give effect to government policy as directed by you;  The Office of Film and Literature Classification (OFLC) classifies publications such as films, books or computer files. The OFLC is an Independent Crown entity, and cannot be directed by you; and  The New Zealand Lotteries Commission, trading as Lotto NZ, conducts lotteries to generate profits for allocation.The New Zealand Lottery Grants Board allocates these profits. Lotto NZ is an Autonomous Crown entity that must have regard to government policy when directed by you. The Treasury assists in monitoring this entity. We intend briefing you further on these Crown entity monitoring functions. 19 IN CONFIDENCE Statutory body appointments In addition to the Crown entities described above, you appoint members to a large number of statutory bodies. We plan to brief you on these appointment functions. You appoint to the following bodies:  the Archives Council – provides independent advice to you on recordkeeping and archival matters;  Guardians Kaitiaki of the Alexander Turnbull Library – advises you on key matters relating to the operation of the Alexander Turnbull Library;  the Library and Information Advisory Commission – advises you on issues of access to library services, and the role of library and information services;  the Gambling Commission – determines applications for casino licenses, determines appeals against decisions of the Secretary of Internal Affairs, and facilitates consultation on problem gambling strategies and levy rates;  New Zealand Lottery Grants Board – distributes the profits of Lotto NZ and determines the proportions in which lottery profits are allocated to lottery distribution committees (see adjoining case study. We also intend to brief you separately on the New Zealand Lottery Grants Board);  Twenty different lottery distribution committees – consider applications from community groups and make grants for community purposes (see adjoining case study);  the Film and Video Labelling Body – issues ratings for unrestricted films and videos, and submits to OFLC all material of a nature that should be restricted; and  the Film and Literature Board of Review – a statutory appeal board that reviews the classication of any publication that OFLC refers to it. 20 Contributing to strong communities through Lottery grants Lottery grants are made exclusively for community purposes – to contribute to strong, sustainable communities. We provide administrative support to the Lottery Grants Board, 20 lottery distribution committees and community groups that apply for Lottery funding. We also support you to make about 80 grant decisions yearly through the Minister’s Discretionary Fund. In 2017 the Lottery Grants Board will allocate to four statutory bodies, and to 20 lottery distribution committees, $272 million in Lotto NZ profits. These committees consider grant requests, with around two and a half thousand organisations nationwide benefitting every year. IN CONFIDENCE Statutory decision making – citizenship and passports As Minister of Internal Affairs you authorise persons to become New Zealand citizens under the Citizenship Act 1977. You may reduce or waive certain legislative requirements in exceptional circumstances. In limited circumstances, you can deprive a person of New Zealand citizenship. You consider approximately 35,000 applications for citizenship by grant each year. Most of these applications meet all legislative criteria and we process them on your behalf. In a typical year, you will personally approve approximately 500 applications. We will brief you on these responsibilities, and the recommendations process to assist your decision-making. You have the power to refuse to issue, cancel or retain New Zealand travel documents on the grounds of national or international security. Unlike other powers under the Passports Act 1992, this power is not delegated. We plan to brief you further on passport cancellations. Settlor for the Chatham Islands Enterprise Trust The Chatham Islands face a range of significant challenges to their economy and sustainability. This is similar to other isolated islands with small populations, limited revenue from council rates, and limited alternative funding access. The Government set up the Chatham Islands Enterprise Trust (Trust) in 1991 to promote the economic and social well-being of the Chatham Islands. You are the Settlor for the Trust and have a key role in supporting this community. You will lead the development of an all-of-government investment strategy to ensure future Crown funding for the Chatham Islands is strategic and fit-for-purpose. You will also lead the review of the Crown’s Financial Assistance Package (CFAP). The CFAP currently assists the Chatham Islands Council to meet its statutory and regulatory responsibilities. The Department supports you in various ways. These include: monitoring the CFAP; overseeing the Waitangi Wharf redevelopment (see adjoining case study); and facilitating across government work for the community’s benefit. We intend to brief you further on the Chatham Islands and your role. 21 Waitangi Wharf The Department, on behalf of the Chatham Islands Council and the Chatham Islands Enterprise Trust, requested that a private-public consortium build a new wharf, by the end of 2017. This was to replace the severely degraded Waitangi Wharf. The upgraded port will make shipping more reliable. It will improve the health and safety of wharf operations and future-proof the wharf for the community’s expanding export and production requirements. It also maintains this essential lifeline to an isolated New Zealand community. IN CONFIDENCE Public inquiries The Department is responsible for administering the Inquiries Act 2013, which provides for the establishment of both public and government inquiries (including Royal Commissions). The Department is the default department responsible for providing administrative support to an inquiry. We are currently supporting the Government Inquiry into Havelock North Drinking-Water, which is due to present its final report in December 2017. An inquiry established under this Act is intended to inquire into and report on a matter or matters of public importance. The Coalition Agreement between the New Zealand Labour Party and New Zealand First Party sets out a priority to hold a public inquiry to investigate the drivers of local government costs and its revenue base. We also note that the incoming government has committed to the early establishment of inquiries into aspects of mental health and also the abuse of children in state care. The Department will provide you with a further briefing about the arrangements for setting up and running inquiries. 22 IN CONFIDENCE Appendix B: Legislation we administer The main enactments that the Department administers are outlined below. The main statutory responsibilities of the Minister of Internal Affairs are also described. Births, Deaths, Marriages, and Relationships Registration Act 1995 Purpose: This Act requires the recording and verification of information to provide the official record of births, deaths, marriages, civil unions, and name changes. This information can be used as evidence of those events and of age, identity, descent, whakapapa and New Zealand citizenship. Minister’s responsibilities: The Minister approves requests from specified Ministers to create new identity record information for protected witnesses and undercover officers. Otherwise, responsibility for the effective and efficient administration of the Act rests with the RegistrarGeneral of Births, Deaths and Marriages. Citizenship Act 1977 Purpose: This Act provides for the status of New Zealand citizenship and the means of acquiring citizenship. Minister’s responsibilities: The Minister approves grants of New Zealand citizenship and may reduce or waive certain requirements for the grant. In certain circumstances, the Minister can deprive a person of citizenship. Appendix A of this briefing discusses your role in more detail. Electronic Identity Verification Act 2012 Purpose: This Act governs the operation of the RealMe identity verification service. It facilitates secure interactions between individuals and participating agencies. Minister’s responsibilities: The Minister is responsible for meeting certain prerequisites before recommending that the Governor-General make regulations under the Act. The Minister is also responsible for approving any delegation to persons outside of the State sector, or agreeing that a 23 IN CONFIDENCE third party may perform functions of the Chief Executive. Otherwise, responsibility for the effective and efficient administration of the Act rests with the Chief Executive. Fire and Emergency New Zealand Act 2017 Purpose: This Act established FENZ as a unified national fire and emergency organisation. It defines FENZ’s statutory functions, provides for the establishment of local advisory committees, and enables FENZ personnel to exercise powers when responding to an emergency. It also provides for fire seasons and fire permitting, and for the levy regime that funds FENZ. Minister’s responsibilities: The Minister has various responsibilities under the FENZ Act, including making regulations for the levy regime, fire permitting, fire plans, local advisory committees, and evacuation schemes. Gambling Act 2003 Purpose: This Act provides the regulatory framework for gambling. Among other things, it seeks to control the growth of gambling and ensure that money from gambling benefits the community. It also seeks to prevent and minimise gambling harm (including problem gambling), and limit opportunities for crime or dishonesty associated with gambling. Minister’s responsibilities: Alongside the Minister of Health, the Minister recommends regulations that set the problem gambling levy. The Minister approves in-principle applications for clubs to operate more than the usual statutory maximum number of gaming machines, in certain circumstances. Identity Information Confirmation Act 2012 Purpose: This Act allows public and private sector organisations to use a web-based service to confirm identity information provided to them by individuals. It compares this with information held by the Department under the Births, Deaths, Marriages, and Relationships Registration Act 1995, the Citizenship Act 1977, and the Passports Act 1992. 24 IN CONFIDENCE Minister’s responsibilities: The Minister does not have any powers or responsibilities under this Act. Inquiries Act 2013 Purpose: The Act provides the legal framework for two types of inquiry. One type is public inquiries established by the Governor-General, including Royal Commissions. The second type is government inquiries, established by one or more appointing Ministers. Minister’s responsibilities: The Minister's statutory responsibilities arise if the Department is appointed to administer an inquiry. The Minister has a small number of powers and duties that include appointing members to a government inquiry, notifying the terms of reference and inquiry start date in the New Zealand Gazette, and presenting a public inquiry's final report to the House of Representatives. National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 Purpose: The purpose of the Act is to preserve, develop and make available the collections of the National Library of New Zealand. This includes the Alexander Turnbull Library. It establishes the Guardians Kaitiaki of the Alexander Turnbull Library. It establishes the Library and Information Advisory Commission Ngā Kaiwhakamārama i ngā Kohikohinga Kōrero. It also establishes the roles of the National Librarian and the Chief Librarian of the Alexander Turnbull Library. Minister’s responsibilities: The Minister approves the transfer of ownership, custody, or use of documents owned by the National Library of New Zealand to any authority or person, and can provide exemptions from the requirement to supply copies of a public document or class of public documents to the National Library of New Zealand. 25 IN CONFIDENCE Passports Act 1992 Purpose: The Act sets out the right of New Zealand citizens to hold New Zealand passports. It also sets out who can apply for an emergency travel document, refugee travel document or certificate of identity. Minister’s responsibilities: The Minister has the power to issue New Zealand passports and other travel documents (for practical reasons, these powers are delegated to officials). The Minister also has a discretionary power to refuse to issue, or to cancel, travel documents in specified cases (for practical reasons, these powers are delegated to officials). Appendix A of this document also discusses your role under the Passports Act 1992. Public Records Act 2005 Purpose: This Act ensures the creation, maintenance and accessibility of full and accurate central and local government records. This is to enable government accountability. This Act also provides for the role of the Chief Archivist. Minister’s responsibilities: The Minister is responsible for recommending to the Governor-General any variations to the application of the Act. The Minister considers appeals against decisions by the Chief Archivist and makes binding decisions on the issues. The Minister may also declare records as ‘prescribed’ thus giving the Chief Archivist power to obtain copies of that record or to acquire the record. Other Acts The Films, Videos and Publications Classifications Act 1993 provides for the classification of films, videos, books, and other publications. The Act also provides for the enforcement of the law. The Ministry of Justice administers this Act, but the Minister of Internal Affairs exercises the majority of functions. The Minister recommends to the Governor-General the appointment of the Chief Censor and the Deputy Chief Censor. The Minister is required to approve any body or organisation as the labelling body. This is currently the Film and Video Labelling Body. 26 IN CONFIDENCE The Unsolicited Electronic Messages Act 2007 prescribes rules for sending commercial electronic messages and promotes good e-commerce practice. The Department is responsible for compliance and enforcement. The Ministry of Business, Innovation and Employment administers this Act. We administer other Acts which do not involve significant ministerial responsibilities or activities. These are the:  Boxing and Wrestling Act 1981;  Citizenship (Western Samoa) Act 1982;  Commissions of Inquiry Act 1908;  Commonwealth Games Symbol Protection Act 1974;  Official Appointments and Documents Act 1919;  Public Lending Right for New Zealand Authors Act 2008; and  Time Act 1974. 27 IN CONFIDENCE Appendix C: Appropriations Vote Internal Affairs Funding for the Internal Affairs portfolio is appropriated within Vote Internal Affairs. This currently covers six ministerial portfolios which are carrying forward from the previous parliamentary session. In addition to these continuing portfolios, work will need to be undertaken to establish an appropriation for the newly created portfolio for Government Digital Services. More information about the Vote and appropriations can be found in the Welcome to the Department of Internal Affairs briefing. Internal Affairs portfolio funding As Minister of Internal Affairs, you are responsible for all expenditure and services received under appropriations relevant to the Internal Affairs portfolio. The Internal Affairs portfolio appropriations are $503.5 million ($338.5 million departmental operating, $94.1 million 3 departmental capital, and $70.9 million non-departmental (operating and capital)). The tables on the following pages outline these appropriations based on Main Estimates of Appropriations 2017/18. In November 2017, you will receive the October Baseline Update briefing, which provides you with more detailed information about the appropriations for your portfolio and any financial changes since the Main Estimates of Appropriations 2017/18. 3 Departmental operating appropriations are outputs, other expenses, or expenditure incurred by the Department. The Department is responsible to the Minister for what is achieved with departmental appropriations. Departmental capital is for the development of assets by and for the use of the Department. This appropriation sits in the Internal Affairs portfolio, but is shared across portfolios. Non-departmental appropriations are where Ministers have decided to use a supplier other than a department to provide an output. 28 IN CONFIDENCE Departmental operating You are responsible for $338.5 million of departmental operating appropriations. $million Departmental appropriations based on Main Estimates of Appropriations 2017/184 250.055 Contribute to the collection, management and provision of access to New Zealand's civic, government, identity and heritage 5 information 0.111 Support for community, iwi and hapū organisations and other jurisdictions in preserving and managing their own records and archives and making them available 1.000 Provide translation, other language and support services to government agencies and the public 26.400 Provide advice to government and the State sector regarding ICT investment, and assurance in respect of data and information management 0.951 Providing support, information and advice to Ministers to enable them to discharge their responsibilities (other than policy decision-making) for the Crown entities for which they are responsible 0.432 Provision of services to Ministers to enable them to discharge their portfolio (other than policy decision-making) responsibilities relating to Internal Affairs 4.358 Provision of advice to support decision-making by Ministers on government policy matters relating to Internal Affairs. This includes second opinion advice and contributions to policy advice led by other agencies 42.014 Provision of operational policy advice and services to administer all aspects of the regulatory regime:  under the Public Records Act 2005, including where the Chief Archivist has statutory independence;  services to regulate gambling activity, objectionable material and unsolicited electronic messages, and anti-money laundering and countering financing of terrorism; and  the Private Security Personnel and Private Investigators Regulations 2011 1.220 Supporting commissions of inquiry and similar bodies 4 These are multi-category appropriations, each of which are made up of multiple categories (which can be different types of expenditure including output expenses, other expenses, and non-departmental capital expenditure) that all contribute to the same overarching purpose. 29 IN CONFIDENCE $million Departmental appropriations based on Main Estimates of Appropriations 2017/184 1.158 Provision of services and advice to the Gambling Commission to enable the Commission to discharge its responsibilities 0.117 Provision of advisory and support services to statutory and advisory bodies established under the Public Records Act 2005 in respect of their statutory functions 0.105 Provision of advisory and support services to statutory and advisory bodies established under the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 and the Public Lending Right for New Zealand Authors Act 2008 in respect of their statutory functions 10.623 Provision of operational and secretariat support for grant funding bodies, including supporting member appointment processes. The focus of operational support is on processing grant applications and grant decisions on behalf of the grant funding bodies 338.5 Total Departmental Operating Departmental capital Vote Internal Affairs also includes $94.1 million of departmental capital for purchase or development of assets by and for the use of the Department, as authorised by section 24(1) of the Public Finance Act 1989. This is shared across all portfolios served by the Department. Non-departmental (operating and capital) You are also responsible for $70.9 million of non-departmental (operating and capital) appropriations. $million Non-departmental operating appropriations based on Main Estimates of Appropriations 2017/18 1.960 Purchasing services from the Office of Film and Literature Classification for the examination and classification of films, videos and publications (including digital material) 0.116 Services provided by the Office of the Privacy Commissioner to provide support and advice for the ongoing development of RealMe authentication and identity management services 2.000 Payment to New Zealand authors in recognition that their books are available for use in New Zealand libraries 0.049 Payment to individuals or organisations to assist in building a strong and safe nation through serving and connecting citizens, communities and government 30 IN CONFIDENCE $million Non-departmental operating appropriations based on Main Estimates of Appropriations 2017/18 0.420 Establishing the Government Inquiry into Havelock North Drinking Water 10.000 Crown contribution towards the public good component of fire services expenditure 4.720 On-going costs of operation, maintenance and depreciation associated with the Chatham Islands wharves 19.265 Total Non-Departmental Operating $million Non-departmental capital appropriations based on Main Estimates of Appropriations 2017/18 2.372 Purchase of material for the Alexander Turnbull Library collections held and managed by the National Library of New Zealand 38.000 Repayable Capital Injection to support the transition of the New Zealand Fire Service Commission to Fire and Emergency New Zealand6+ 11.257 Financial support for the construction and redevelopment of Waitangi Wharf in the Chatham Islands to ensure appropriate access is maintained for New Zealanders+ 51.629 Total Non-Departmental Capital 6 Denotes a multi-year appropriation, which give authority to Ministers to incur expenses and capital expenditure for a maximum of five financial years. These are generally used in situations where well-defined and self-contained outputs or capital expenditure fall across two or more financial years, but the timing of those outputs or capital expenditure between the years is uncertain. 31 IN CONFIDENCE Appendix D: Key contacts in the Department of Internal Affairs Chief Executive of Internal Affairs Colin MacDonald Service and System Transformation Tim Occleshaw Deputy Chi ef Executive 04 495 9330 021 913 308 Chi ef Executive Secretary for Internal Affairs Secretary for Loca l Government Government Chief Digital Officer 04 495 9396 027 498 3515 Strategy and Governance Justin Rowlands Deputy Chi ef Executive 04 382 3506 027 435 9044 Service Delivery and Operations Central/Local Government Partnerships Stewardship and Organisational Sustainability Maria Robertson Helen Wyn Mervin Singham Deputy Chi ef Executive 04 494 0615 021 246 2827 Deputy Chi ef Executive 04 495 9329 021 679 655 Deputy Chi ef Executive 04 495 9370 027 227 9040 Shared Services Information and Knowledge Services Policy, Regulation and Communities Morag Woodley Peter Murray Marilyn Little Raj Krishnan Deputy Chi ef Executive 04 494 0599 027 437 7909 Deputy Chi ef Executi ve 04 474 3070 021 462 270 Deputy Chi ef Executi ve 04 816 4073 021 228 8118 General Ma nager Pol i cy 04 494 0572 021 593 973 32