State Services Commissioner appoints Don Hunn to assist with investigation
6 August 2007

The State Services Commissioner, Mark Prebble, today announced the appointment of an independent inquirer to assist with the investigation into the public service recruitment and employment of Madeleine Setchell.

"I have discussed with the Solicitor General, David Collins, how best to discharge my statutory functions and ensure that the investigation is a robust and credible one.

"Following that discussion, I have determined the next steps in the inquiry. I am pleased to announce that I will be assisted in this inquiry by Don Hunn.

"Don Hunn has a wealth of relevant experience from his previous tenure as State Services Commissioner that he will be able to bring to bear on this investigation. He has also been involved in a number of high profile investigations over the 10 year period since he left the Commission.

"Don Hunn will provide me with a report on the relevant facts, as well as any conclusions he has about the performance of myself or other State Services Commission staff.

"As my letter of appointment to Don Hunn makes clear, I am intending to publish his report alongside my own. If there are compelling reasons not to publish some specific material in his report, then I expect that he will document those reasons," Mark Prebble said.

ENDS

LETTER OF APPOINTMENT:

Dear Mr Hunn
Investigation into public service recruitment and employment of Madeleine Setchell – Appointment under section 25(2) State Sector Act 1988
You are aware that I have formed the view that the above investigation is required in order for me to properly carry out my functions under the State Sector Act 1988 (the Act). In particular I am required to review the performance of Departments, including the discharge by the chief executive of his or her functions (section 6(b)). I also have the function of providing advice and guidance to employees within the State services on matters affecting the integrity and conduct of such employees (section 6(ha)).

I have decided Terms of Reference for investigating and reporting on the relevant issues, which are attached. These Terms of Reference require me to:

- Investigate the relevant facts of the Public Service’s recent handling of their recruitment and employment processes relating to Madeleine Setchell.
- Report on the lessons for the Public Service arising from the above investigation.
Facts relevant to this investigation include discussions between me and the Chief Executive of the Ministry for the Environment, as well as contact between staff at the Ministry for the Environment and the State Services Commission. In order to ensure appropriate independence for the investigation, I have decided to appoint you under section 25(2) of the Act to undertake the investigation specified in the first bullet of the Terms of Reference. This appointment means that the powers and authority conferred on me by section 25(1) of the Act shall attach to and be exercised by you in undertaking the investigation.

When you have completed the necessary investigation, I require you to provide me with a report on the following:

- The relevant facts, including the involvement of me or of any State Services Commission staff.
- Any assessment or comment you consider should be made in relation to the involvement of me or of any State Services Commission staff.
- Where any conflict of evidence arises, your assessment of what the truth of the matter is.

As you are aware, it is my obligation to make any assessments that need to be made about chief executive accountability in the matter. I will use your report as a factual basis for making any such assessment. Your report will also provide a basis for me to carry out the second part of the Terms of Reference, namely reporting on the lessons for the Public Service arising from the investigation.

After completion of my report on the assessments I need to make and the lessons for the Public Service, I propose to publish your report alongside my own. If you consider that there are matters you need to report to me for which there are compelling reasons not to be made public, please include these reasons in your report, and put any confidential matters in a separate appendix. I do not intend that any assessment you have of my own involvement in the matter will be withheld from publication.

Crown Law will be available to provide legal and administrative assistance to you in the course of the investigation. You are invited to contact the Solicitor General, David Collins, in the first instance for legal advice and support. As noted in the terms of reference I will be provided with legal assistance in carrying out my functions and in reporting on the lessons for the Public Service by David Shanks, Chief Legal Advisor.

Please refer any media enquiries you receive on this matter to me for response.

For the avoidance of doubt, your appointment to conduct the investigation shall not prevent me from appointing additional persons to assist in the investigation as may be required.

Yours sincerely
Mark Prebble
State Services Commissioner

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