Energy Efficiency and Conservation Authority – Chair

On behalf of the Minister of Energy and Resources, the Ministry is seeking candidates who wish to be considered for appointment as Chair of the Energy Efficiency and Conservation Authority (EECA).

About the Board

Energy Efficiency and Conservation Authority

The Energy Efficiency and Conservation Authority (EECA) is established under the Energy and Efficiency Conservation Act 2000.

EECA’s functions, as set out in section 21 of the Energy Efficiency and Conservation Act 2000, are to encourage, promote and support energy efficiency, energy conservation and the use of renewable sources of energy. This is done through:

• raising awareness of energy efficiency and renewable energy in society
• industry promoting practices and technologies to further energy efficiency
• monitoring energy efficiency in New Zealand
• conducting research, and
• liaising with government on energy efficiency matters.

EECA as a Crown entity

EECA is a Crown agent under the Crown Entities Act 2004.  As a Crown agent, EECA can be directed to give effect to Government policy that relates to the entity’s functions and objectives.

The Crown Entities Act 2004 provides a framework for Crown entity governance and accountability, including responsibilities of board members, disclosure of interests, and the roles of Ministers. It is available at http://www.legislation.govt.nz(external link).

The Minister of Energy and Resources is the Responsible Ministers for EECA. Under the Crown Entities Act 2004, Ministers have powers with regard to all entities on matters of strategic direction, targets, funding, performance, reporting and reviews.  

For more information about EECA and the Board see www.eeca.govt.nz(external link).

Board membership

The EECA Board

EECA has an independent board, with six to eight members, as set out in section 24 of the Energy Efficiency and Conservation Act 2000.  Board members are appointed by the Minister of Energy and Resources and appointments are governed by the provisions of the Crown Entities Act 2004 as they apply to Crown agents.

The EECA Board has a strategic management function and is not expected to conduct the day-to-day affairs of EECA. The Board’s role is to focus on the critical strategic and operational issues by which the overall success of EECA in achieving its objectives will be measured.

Collective and individual duties of Board members

Board members are subject to the collective and individual duties of members set out in sections 58 and 59 of the Crown Entities Act.

The collective duties of Board members are to ensure the Board’s functions are performed efficiently, effectively and consistently in the spirit of the public service, and in a financially responsible manner.

The individual duties of Board members are:

• to act with honesty and integrity
• to act in good faith and not at the expense of the entity’s interests
• to act with reasonable care, due diligence and skill
• not to disclose, or make use of information that would otherwise not be available to them.

Further information on how the relationships between Crown entities, Ministers, and departments work in practice can be found on the State Services Commission’s website (http://www.ssc.govt.nz/it-takes-three-operating-expectations-framework(external link)).

Criteria for appointment

Section 29 of the Crown Entities Act 2004 requires the responsible Minister to:

• only appoint or recommend a person who, in the responsible Minister’s opinion, has the appropriate knowledge, skills and experience to assist the statutory entity to achieve its objectives and perform its functions; and
• in appointing or recommending an appointment, take into account the desirability of promoting diversity in the membership of Crown entities.

Crown Entity Chair Role

Based on State Services Commission guidance material, a Crown entity chair's role includes the following (note that where the chair is unavailable, absent or conflicted, the deputy chair (if appointed) will fulfil these roles. A chair may also delegate various roles at times, for example to another board member).

• Providing effective leadership and direction to the board and entity, consistent with the Minister's expectations.
• Ensuring effective accountability and governance of the entity, consistent with the requirements of relevant legislation including the Crown Entities Act 2004.
• Developing and maintaining sound relationships with Ministers and their advisors including:
• leading any formal entity discussions with Ministers, particularly on budget and planning cycles, including the Statement of Intent and Letter of Expectations
• signing off on formal governance documents (Statement of Intent, Annual Report, others), generally in conjunction with the deputy chair if appointed
• acting as spokesperson for the board in ensuring the Minister and other key stakeholders are aware of the board's views and activities, and that Ministers' views are communicated to the board
• ensuring that the Minister is kept informed under the 'no surprises' obligations.
• Acting as the leader of the entity including presenting the entity's objectives and strategies to the public. Representing the entity to government and stakeholders, including attending any select committee appearance by the entity.
• Chairing board meetings including:
• setting the annual board agenda
• ensuring there is sufficient time to cover issues
• ensuring the board receives the information it needs - before the meeting in board papers and in presentations at the meeting
• ensuring that contributions are made by all board members
• assisting discussions towards the emergence of a consensus view
• summing up so that everyone understands what has been agreed.
• Ensuring appropriate policies and structures are in place to support the board, including processes in accordance with Schedule 5 of the Crown Entities Act.
• Providing motivation, guidance and support to other board members to ensure they contribute effectively to the governance of the entity.
• Taking the lead, often in conjunction with the monitoring department, in providing comprehensive tailored induction for new board members.
• Ensuring that the development needs of individual board members are identified and addressed and, where necessary, dealing with underperformance by board members.
• Ensuring that an annual performance evaluation is conducted of the board as a whole, as well as of the chair and members individually.
• Participating in the recruitment process for new board members. This is likely to include:
• maintaining a view on the desired composition of the board
• considering succession planning for members and chair
• supporting Ministers and monitoring departments in appointing board members
• Providing guidance and support to the chief executive to ensure the entity is managed effectively. This includes establishing and maintaining an effective working relationship with the chief executive while also taking an independent view to challenge and test management thinking.
• Overseeing the employment of the chief executive, including considering succession planning, and organising induction for a new chief executive.
• Representing the board in formal assessments of the chief executive's performance and in the required discussions with the State Services Commission with respect to chief executive terms and conditions at time of appointment and performance reviews.
• Ensuring that appropriate interest registers are in place, in accordance with the Crown Entities Act, and that members' conflicts of interest (including those of the chair) are dealt with appropriately.

Board members’ term of appointment

Members are appointed for terms of up to three years. Board members continue in office despite the expiry of their term until they are reappointed, their successor is appointed, or the member is informed that they are not to be reappointed and that no successor is to be appointed at that time.

Members of the EECA Board may resign by written notice to the responsible Minister. The responsible Minister may, at any time and entirely at their discretion, remove any members of the Board. This removal must be made by written notice.

Remuneration and meetings

The current remuneration for the EECA Board Chair is $29,400 per annum. In addition to fees, members are entitled to be reimbursed for actual and reasonable expenses incurred while carrying out the duties of the Board. 

The Board will meet as often as is necessary to carry out its role. Meetings are generally held in Wellington. Board materials are distributed to Board members in sufficient advance of the Board meetings to allow members to be thoroughly prepared. The time commitment for the Chair is approximately 3–5 days per month.

Board members are expected to attend and participate regularly in meetings consistent with general fiduciary standards and the governance requirements under the Crown Entities Act.

Under the Crown Entities Act, a quorum is half the number of members (if the board has an even number of members) or a majority of the members (if the board has an odd number of members).

Person specifications – Chair

Skills, experience and attributes required

Section 25 of the Energy Efficiency and Conservation Act 2000 states that the Minister must, in appointing a member of the EECA Board, ensure that, collectively, the Board has a balanced mix of knowledge and experience in matters relevant to EECA’s functions.

This includes knowledge of and experience in:

• the energy sector
• the environment
• community organisations
• commerce, marketing, and communications
• governance and public sector management
• science and technology.

Specific skills required at this time

At this time, the Minister of Energy and Resources is seeking candidates who have a genuine interest in ECCA’s mission to contribute to the decarbonisation and reduction of New Zealand’s greenhouse emissions, and have the following specific skills and experience:

• proven governance experience at board level, including experience as a chairperson
• strong relationship management skills and a drive to partner with other organisations
• experience working with ministers and senior public sector officials / political savvy
• an understanding of Te Ao Māori, the governments interest in upholding the principals of the Treaty of Waitangi.

Disclosure of interest

Section 31 of the Crown Entities Act requires that before a person is appointed as a member of a Crown entity, the person must:

• consent in writing to being a member
• certify that they are not disqualified from being a member under section 30(2) of the Act; and
• disclose to the responsible Minister the nature and extent (including monetary value, if quantifiable, of all interests that the person has at that time, or is likely to have, in matters relating to the entity.

As part of the appointment process, candidates are required to complete a Disclosure Form. The information that is disclosed by the candidates enables the responsible Minister to know the relevant interests and any conflicts that a person may have in relation to an appointment to an entity. The information is used to assess whether a candidate would be able to contribute effectively to the entity’s affairs, and where conflicts are identified, to ensure that these can be managed appropriately. 

Additional information

For enquiries about the position, email: board.appointments@mbie.govt.nz