UNCAC implementation review responsive to TINZ recommendations

Chapter II – Preventive measures
ArticleTINZ RecommendationUNCAC review recommendations
Article 5Paragraph 1Develop an overall anti-corruption strategy. This work to be led by the lead agency, in the context of a network of responsible agencies. The strategy should clarify roles and responsibilities; ensure sharing of strategic and operational information; build an effective early warning system regarding corruption changes; and identify, and address weaknesses in the anti-corruption network.Develop a comprehensive national anti-corruption strategy with appropriate arrangements to coordinate, monitor and evaluate the implementation and impact of anti-corruption policies and establish structured mechanisms for the participation of society in the design, implementation and monitoring of anticorruption policies.
Article 5Paragraph 3Apply corruption risk/threat assessments to vulnerable areas not yet assessed, eg Local Government, procurement; commercial marketsEstablish formal mechanisms to systematically review and evaluate the adequacy of its legal and administrative framework to prevent and fight corruption, including emerging risks
Article 6Paragraph 1Appoint and appropriately fund a single agency with the primary, high-profile responsibility for anti-corruption monitoring, coordination, research and strategic operations. This should include broad information access powers, including tax and commercial records held by government. Strengthen coordination among bodies with preventative mandates to ensure the more systematic implementation and monitoring of anti-corruption policies and practices, including by considering formalizing a central mechanism or lead agency to coordinate preventive efforts across the public sector.
Article 7Paragraph 1(b)The Public Service Commission must provide stronger, more visible leadership on public sector integrity matters.Consider establishing a framework for identifying corruption-sensitive roles and developing clearer cross-government procedures or guidelines for the rotation of staff in positions that are especially vulnerable to corruption, while continuing to strengthen integrity training for those in high-risk roles
Article 7Paragraph 1(d)Consider developing and implementing a mandatory anti-corruption training framework for all public service staff, tailored to risk exposure and job function.
Article 7Paragraph 2Consider introducing the requirement for candidates for public office to declare their assets, liabilities and interests prior to an election.
Article 7 Paragraph 3Reduce thresholds for political donor anonymity; require prompt public notification of donations.Consider strengthening measures to prevent circumvention through donation splitting or the use of intermediaries, reviewing current donations thresholds introducing the requirement to disclose contributions in real time, enhancing the investigative and enforcement powers of the Electoral Commission and reviewing the regulation of third-party campaigners
Article 7Paragraph 4Better manage conflicts of interest at Parliament and across the public sector including local government.Endeavour to strengthen the periodic review of and regular monitoring in the management of conflict-of-interest registers across all agencies, including at the level of local government
Article 8parasgraphs 1 & 5Strengthen consistency in the application, monitoring and enforcement of codes of conduct across public sector agencies, and expand training efforts.
Article 8Paragraph 4Consider options for a central reporting hub or improved coordination mechanism to enhance the consistency, oversight and monitoring of protected disclosures
Article 9 Paragraph 1(a)Public ProcurementStrengthen Procurement Rules compliance, especially public notification of awards, secondary procurement and All of Government contracts. Local government agencies should comply with the Government Procurement rules with restricted exceptions. Consider expanding the mandatory scope of the Government Electronic Tenders Service to cover all local government entities and State-owned enterprises for consistency, and ensure that contract performance data are disclosed for highvalue or high-risk procurements in order to support public oversight.
Article 9Paragraph 1(a)Consider strengthening enforcement and follow-up mechanisms for Ombudsman recommendations, in order to ensure that binding decisions are consistently implemented across agencies, and consider establishing a central complaints database to consolidate information on cases, outcomes and compliance trends, thereby facilitating monitoring, policy analysis and preventive measures
Strengthen Procurement Rules compliance, especially public notification of awards, secondary procurement and All of Government contracts. Local government agencies should comply with the Government Procurement rules with restricted exceptions. Consider enhancing transparency in secondary procurement under All-of Government and Common Capability arrangements
Article 9 Paragraph 2(b)Proceed with proposals for a Parliamentary Budget Office, so Parliament and the public have access to independent advice on fiscal developments and policy costings.

Improve the comprehensiveness of the Citizens’ Budget and publish the budget calendar before the budget cycle begins, including designated opportunities for public engagement.
Strengthen formal opportunities for public participation in the budget cycle.Enhance the accessibility of fiscal reports, including by establishing easy-to access portals, and ensure that those reports are easy for the general public to understand.
Article 10 (a)Amend the Official Information Act to: include tougher penalties for breaking the rules; specify the use of proactive disclosure; and be extended to include Parliament and its Officers.Further strengthen the framework protecting the public’s right to information, including by: (a) expanding and considering further standardization of the consistent, proactive release of public information; and (b) strengthening the capacity and resources within agencies to ensure timely and high-quality responses to public information requests.
Article 10 (b)Require clear guidance for when urgency in legislative process is appropriate, add a post-enactment review mechanism.Review the use of urgency procedures in legislative processes in order to promote effective public participation in decision-making and take measures to support more consistent opportunities for the public to access competent decision-making authorities, including by ensuring that the applicable guidance is strengthened by enforceable requirements across all agencies
Article 11 Paragraph 1Explore ways to clarify the status and application of the Guidelines for Judicial Conduct, including whether additional legal status is needed
Article 12 Paragraph 2 (a)Assign responsibility to the Ministry of Foreign Affairs & Trade, and make it a performance accountability to maintain an explicit strategy and education campaign to combat foreign bribery. Require improved risk awareness and reporting of bribery by businesses.Remove the legitimisation of “facilitation payments” (bribes)Consider establishing a formal national forum or task force to promote structured cross-sectoral dialogue on corruption risks, including outreach tailored to small and medium-sized enterprises and high-risk industries.
Article 12 Paragraph 2 (b)Provide targeted regulatory support to help small businesses maintain integrity and accountability.Promote the development of anti-corruption compliance guidance and model codes of conduct for businesses, supported by sector-specific toolkits
Article 12 Paragraph 2(c)Immediately renew work to develop a publicly accessible, searchable, comparable, verified and up to date, register of beneficial ownership. In addition progress a register of trusts that enables public sector investigation teams better access to information on domestic and foreign trusts.Finalize and operationalize a robust beneficial ownership register covering all relevant legal vehicles
Article 12Paragraph 2(e)Urgently improve political transparency:

a. Regulate lobbying, through registration and a Commissioner.
b. Implement stand down periods for former senior public officials (inc. Cabinet Ministers, public sector leaders) moving directly between the private sector and government) in their areas of expertise and prior authority.
Consider statutory cooling-off periods for former public officials moving into relevant roles in the private sector and establish a lobbying transparency framework
Article 13 Paragraph 2Participation of societyFurther strengthen whistleblower legislation to provide clarity on the obligations for governmental and non-governmental organisations.Enhance public awareness of and outreach on how to safely report suspected corruption, including by expanding accessible, secure and anonymous reporting channels for all communities and for all types of corruption offences.
Review all legal provisions requiring Attorney-General approval for prosecutions of bribery, or other corruption-related crimes.No recommendation
Substantially resource agencies to address cybercrime in New Zealand: including strategy, legislative and institutional strengthening, public communications, threat assessments and global connection. This should be empowered through legislative improvements that improve criminalisation, investigation, and collection and publication of data.No recommendation
Require public declaration of serious criminal convictions by candidates for local and parliamentary electionsNo recommendation
Empower one agency to be responsible for providing central oversight of public sector risk and assurance activities. No recommendation
Substantially restrict legislative ‘carve-outs’ for the OIA that restrict access to public information. No recommendation
Prioritise and adequately resource guidance and training to OIA operation and information management.
Article 13Participation of societyActively seek involvement of civil society, iwi, business and academia in anti-corruption and integrity strategies and programmes.Strengthen the Open Government Partnership, through resourcing and leadership.Urgently address the critical state of the media sector including media independence, capacity and funding.Require online social media platforms to comply with strengthened transparency, reporting and complaint response requirementsNo recommendations
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