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Monday, February 24, 2025

David Lillis: Further Concerns about the Public Service

Misuse of Census Information?

In the light of recent allegations of wrongdoing at the Manurewa Marae (retention and photocopying of Census forms from the 2023 Census, and possible misuse of confidential information), surely we must refrain from judgement until a thorough investigation determines whether or not the photocopied Census information was in fact misused. Until then, apart from a recent admission that Census forms were indeed photocopied and not otherwise afforded the necessary protections, misuse of Census information is hearsay as far as the general public is concerned.

Originally, Stats NZ had commissioned the Whānau Ora Commissioning Agency and the Waipareira Trust to collect information for the 2023 Census through the Manurewa Marae. However, the RDC investigation report has identified inadequate personal information collection and management practices and believes that those practices raise issues of genuine concern (RDC, 2025). Further, it has found failures in compliance with the requirements of the Data and Statistics Act 2022 in relation to Stats NZ’s contract with the Whānau Ora Commissioning Agency, disclosure and oversight of how confidential and personal information would be managed, and how Census forms would be treated. They consider that their findings raise the possibility that Stats NZ has not complied with the Privacy Act 2020.

However, if it turns out that, apart from photocopying of forms, no misuse of the information contained within those forms has actually taken place, then unfair public judgement damages the reputation of individuals, Government agencies, the Manurewa Marae and a political party - Te Pāti Māori. We must remember that both the Marae and Te Pāti Māori deny having misused data (Vance, 2025).

Other Wrongdoings?

It is very worrying to hear that various public sector organizations may be implicated in some way, if not actively, then at least by ignoring disclosures. Again, we should refrain from judgement until all investigations have been concluded. However, on 20 February, employment consultant, Allan Halse of Cultureshift NZ Ltd, gave a disturbing interview with Leah Panapa on The Platform (Halse, 2025). In this interview Mr. Halse alludes to other possible wrongdoings within the public sector. He tells us that none of these activities are under investigation and that they are being ignored, including an Oranga Tamariki protected disclosure that has been sitting with the Minister for 13 months, without any action from the Minister’s Office. Mr. Halse said that the Employment Relations Authority does not know how to deal with whistleblower cases and nor do employers, especially employers within the Public Service.

Regardless of the findings of the current investigations, I believe that New Zealand needs a thorough review of its Public Service. I worked in various ministries and departments over a period of twenty years and, like many others, emerged very disappointed, having seen how some executives and managers consider themselves indeed a law unto themselves. For example, promotion policies often resulted in inexperienced and unqualified people, who had little or no subject matter expertise, promoted over much more experienced and highly qualified people. In addition, I witnessed several episodes of vicious abuse of staff as part of managing-out procedures and I am aware of many other such episodes from discussions with people who have lost their jobs.

Mr. Halse told Leah Panapa that all of the whistleblower cases involve workplace bullying, but that not all bullying cases involve serious wrongdoing that could trigger the use of the existing protected disclosure legislation.

Somehow, particular elements of our public service have grown to believe that bullying behaviors are desirable in the modern public servant. We should refrain from judgement on these whistleblower cases for the moment, but if elements of the public service are found wanting in relation to recent allegations then we must face the truth that we have a serious integrity problem in our Public Service. There must be no cover-up this time and the system must not only play fair but must be seen to be fair.

The Public Service Must do Better

We await the findings of the investigations currently under way. However, after I left the public sector I spoke to the Public Service Commission and the Public Service Association about the bullying that I had seen directly and submitted lengthy and very detailed documentation. My complaints were discussed between the Public Service Association and the top people in my former place of employment, and my allegations of bullying were upheld. However, years later many others were subjected to much the same mistreatment and an unknown amount of public money has been “invested” in non-disclosure agreements that appear to be designed to shut down complainants.

From now on public servants, and especially whistleblowers, must be protected from unfair treatment and not subjected to career and reputational damage. In New Zealand certain elements of the public service ignore the protestations of those who are hurt through bullying, including those who are punished because of whistleblowing. We must not ignore them and nor must we gloss over the other allegations of wrongdoing referred to by Mr. Halse. In addition, we need an investigative process that is fully independent of the Employment Relations Authority in order to maintain confidentiality and to prevent retaliation and victimization.

Let’s see what comes out of the ongoing investigations and the fifteen bullying and whistleblower cases currently with Mr. Halse. However, is it time for a review of New Zealand’s public service?

Dr David Lillis trained in physics and mathematics at Victoria University and Curtin University in Perth, working as a teacher, researcher, statistician and lecturer for most of his career. He has published many articles and scientific papers, as well as a book on graphing and statistics.

References

Halse, Allan (2025). Allan Halse on The Whistleblowers at Manurewa Marae
https://theplatform.kiwi/podcasts/episode/allan-halse-on-the-whistleblowers-at-manurewa-marae

RDC Group (2025). Independent Investigation and Assurance Review of Allegations of Misuse of 2023 Census Information
https://www.stats.govt.nz/assets/Uploads/2023-Census-Independent-Investigation-and-Assurance-Review/Independent-Investigation-and-Assurance-Review-of-Allegations-of-Misuse-of-2023-Census-Information-FINAL.pdf

Vance, Andrea (2025). How the Manurewa Marae data breach scandal unfolded
https://www.thepress.co.nz/politics/360586402/how-manurewa-marae-data-breach-scandal-unfolded

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