Political neutrality for public servants in their official role

The Public Service serves the government of the day and successive governments, regardless of their political composition. This means public servants must always act in a way that maintains the confidence of the current government and ensure the same relationship can be established with future governments. 

It is never acceptable for a public servant acting in an official capacity to express their personal political views in a way that raises questions about their ability to perform their role in a politically neutral way. Expressing such views can impact the confidence of Ministers or the public in the political neutrality of the Public Service.  

Public sector agencies are accountable to their Minister and usually need to work through their Minister in relationships with the legislative branch including Parliament, Members of Parliament and other political parties.   

Engaging with Members of Parliament  

Members of Parliament (MPs) may interact with agencies from time to time as representatives of constituents in their electorate. Generally, public servants should respond to any approach by an MP in the same way they would respond to an approach by a member of the public.

Any requests for information or services over and above what would normally be provided to the public (e.g. a visit to an agency’s premises or a substantial briefing) must be referred to the agency’s chief executive. The chief executive will first consider any risks to political neutrality. They can decline a request if the proposal is likely to undermine the political neutrality of the agency, or if a request is otherwise inappropriate for the agency.  Following this consideration, the chief executive should refer the request to the relevant Minister, along with any appropriate advice, for their consideration.

Engaging with political parties 

From time to time, Ministers may ask officials to attend a meeting of a caucus committee or caucus or provide a briefing to a member or members of Parliament, particularly to support Ministers in briefing their colleagues about a current issue or proposed legislation. Public servants should not attend a caucus meeting of a political party represented in the House without first obtaining the agreement of the agency chief executive and the responsible Minister. Public servants are responsible to their Minister, not to caucus, and should only attend such meetings to support their Minister.  

Before attending such a meeting, public servants should obtain clear instructions from their Minister and chief executive on the purpose of their attendance. Public servants should limit their involvement to providing factual information or providing expert opinion, while avoiding any comment that could be construed as political. 

Public servants should not undertake work at the direction of caucuses, nor should they service caucuses or caucus committees. Policy work carried out by officials should not be used to develop party political material or be labelled as party policy. Any instructions that might emerge from caucus discussions should be given to the agency only by the responsible Minister.  

Government policy should generally be confirmed through the Cabinet and Cabinet committee decision-making process and then announced by the Minister in their official capacity. In addition:

• Agency premises and resources, including agency staff (e.g. photos of or communication with public servants), should not be used for political party purposes.   
• A public servant should not attend a political party event in their official capacity. 
• Public servants should support Ministers as usual in events such as programme launches but should avoid any political aspects of such an event. 

Engaging with select committees  

Select committees are the main point of contact between public servants and Parliament. Public servants may appear before select committees as advisers (e.g. when the committee is considering a Bill) or as witnesses (e.g. when the committee is scrutinising an agency’s Estimates, reviewing agency performance or undertaking an inquiry). In any case, public servants appear in support of Ministerial accountability, and they are therefore subject to Ministerial direction in terms of questions to be answered and information to be supplied. 
See:  Guidance: Officials and Select Committees – Guidelines

Advertising and publicity 

The Guidelines for Government Advertising define government advertising as “any process for which payment is made from public funds for the purpose of publicising any policy, product, service or activity provided at public expense by the government”. This definition is intentionally broad and can include an authorised public servant speaking to members of the public, a consultation document or putting information out through social media. 

Public sector agencies undertake advertising and publicity. There are legitimate reasons for doing so, including informing the public about government policies, the services available, and their rights and responsibilities. Public funds should not be used to pay for publicity for party political purposes.

There must be a clear purpose and an identified and justifiable information need for government advertising and publicity. It must be presented in a manner that is accurate, factual, truthful, fair, honest, impartial, lawful and proper, and that complies with all relevant legislation and government policies.  
See Guidance: Guidelines for Government Advertising and Guidance: Interpreting and Applying the Guidelines for Government Advertising.

Official use of social media 

Agencies must develop a social media policy that sets out how they will use social media, who is authorised to use it in an official capacity, and key responsibilities for using it including under the Standards of Integrity and Conduct. 

There should be a clear business purpose for an agency’s use of social media that is linked to its role and functions. 
See: Guidance: Public servants' official use of social media.

Media comment  

When corresponding with the media, agencies must take care to ensure that communications material is factual and politically neutral, the Minister is kept informed and information and advice requests are handled promptly by the most appropriate person, agency or Minister.

Public servants need to identify whether issues are primarily political or operational and whether they are most appropriately handled by the Minister or by the agency. Political matters relate to the functions of the Minister. Ministers are responsible for determining and promoting policy, defending policy decisions and answering in the House on both policy and operational matters. 

Chief executives are responsible for operational matters. Ministers are generally not involved in departments' day-to-day operations. 

Official Information Act requests 

Chapter 8 of the Cabinet Manual (see paragraphs 8.53 to 8.57 in particular) includes guidance on the release of official information, including the involvement of Ministers in a release. An agency may consult its Minister about any request for official information received. An agency should consult its Minister if the request relates to Cabinet material (as this is related to their activities as a Minister).  

Upon being consulted, a Minister may take the view that information an agency considers should be released, should not be. In such cases, agencies should consider whether there is an obligation to transfer the request to the Minister under section 14 of the Official Information Act 1982. The obligation to transfer will arise where the requested information is held by the Minister (but not the agency) or is more closely connected with the Minister’s functions. The only reasons for withholding official information are those specified in the Act. 

Public servants should not become involved in assessing the political consequences of releasing information.  A department should advise its Minister if it intends to release any information that is particularly sensitive or potentially controversial, in accordance with the “no surprises” principle. A notification for this purpose is not the same as consultation and should not unduly delay the release of information. 
See:  Agency Guidance: Minister and Agency Official Information Requests(PDF, 144 KB) and Solicitor-General's 'No Surprises' Guidance.

Political neutrality and the election period 

The normal conventions of political neutrality continue to apply at the time of a general election or a by-election. However, there can be heightened sensitivity around political neutrality and greater scrutiny on the actions of the public sector at this time, so some extra care is required. 

Te Kawa Mataaho Public Service Commission publishes guidance covering the period before, during and after a general election. Much of this guidance has more general application outside of the election period as well.  Topics include public servants at work, public servants outside work, responsibilities of public sector agencies, advertising, publicity and the media and Government processes before, during and after an election. See Guidance: General Election Guidance.