WorkSafe New Zealand – Board Member

About WorkSafe

WorkSafe New Zealand (WorkSafe) is New Zealand’s primary workplace health and safety regulator, established under the WorkSafe New Zealand Act 2013.

The Health and Safety at Work Act 2015 sets out the principles, duties and rights in relation to workplace health and safety. WorkSafe works collaboratively with other regulators, agencies and parties who have an interest in the health, safety and wellbeing system, to promote good workplace health and safety practices. Further information on WorkSafe can be found at the WorkSafe website.(external link)

WorkSafe is a Crown entity

WWorkSafe is a Crown agent under the Crown Entities Act 2004. The Crown Entities Act provides a framework for Crown entity governance and accountability, including responsibilities of board members, disclosure of interests, and the role of Ministers. It is available at legislation.govt.nz(external link).

The Minister for Workplace Relations and Safety is the responsible Minister for WorkSafe. Under the Crown Entities Act 2004, the responsible Minister has powers with regard to all entities on matters of strategic direction, targets, funding, performance, reporting and reviews.

Board member responsibilities

Role of Board members

The Public Service Commission’s guidance sets out that a Crown entity board members should:

• comply with the Crown Entities Act, Companies Act, CRI Act and other relevant legislation
• act with honesty, integrity, in good faith and not at the expense of the entity’s interests
• act with reasonable care, diligence and skill (as a ‘reasonable person’ would in the same circumstances)
• avoid disclosing information obtained in their capacity as a member, unless in specified circumstances
• provide effective leadership to the entity, consistent with the purpose of the entity and Ministers’ expectations
• provide guidance and support to the Chief Executive to ensure the entity is managed effectively. This includes establishing an effective working relationship with the Chief Executive while also taking an independent view to challenge and test management thinking
• manage risk and ensure compliance of the entity
• attend board meetings and ensure appropriate policies and structures are in place to support the entity
• provide guidance and support to other board members to ensure they contribute effectively to the governance of the entity.

Note: Both the Board and its individual members can be sanctioned for a breach of duties.

Collective and individual duties

Board members are subject to the collective and individual duties of members set out in sections 58 and 59 of the Crown Entities Act 2004.

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 integritydirec
• 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.

Members are expected to adhere to the Public Service Commission code of conduct(external link).

Further information on how the relationships between Crown entities, Ministers, and departments work in practice can be found on the Public Service Commission’s website(external link).

Membership of the Board

Members are appointed for terms of up to three years and may be reappointed on the expiry of their term. Members of the Board may resign by written notice to the shareholding Ministers. Members may be removed from office at any time, and for any reason, by written notice from the shareholding Ministers to the company.

Time commitment and remuneration

Members are entitled to receive remuneration at a rate determined by the shareholding Ministers in accordance with Cabinet Fees Framework. WorkSafe Board members are paid a fee of $22,470 per annum. In addition to fees, members are entitled to be reimbursed for actual and reasonable experiences incurred while carrying out the duties of the Board.

The Board will meet as often as is necessary to carry out its role. Board members are expected to attend and participate regularly in meetings consistent with the general fiduciary stands and the governance standards under the Crown Entities Act 2004.

Meetings are generally help in Wellington. Board materials are distributed to Board members in sufficient advance of the Board meetings to allow members to be thoroughly prepared.

Person specifications – Member

Specific skills required

At this time, the Minister for Workplace Relations and Safety is seeking candidates who wish to be considered for appointment to one of either of two member roles on the WorkSafe Board:

Role one – education and engagement

• extensive experience overseeing the design and implementation of system level awareness and/or education programmes to improve outcomes
• deep experience working with communities and/or business networks to achieve change
• ability to network and connect with key stakeholder groups and communities.

Role two – worker perspective

• ability to bring the perspectives of workers to the Board table
• strong worker group connections and networks
• understanding of the administration of workplace health and safety legislation management frameworks.

Foundational skills

• Members of the WorkSafe New Zealand Board are expected to possess knowledge and experience of, and capability in, the following:
• proven experience in governance roles, either public or private, with working knowledge of good governance practice
• financial acumen
• leadership
• strategic ability and thinking
• a clear sense of public accountability and understanding of the relationships between Government and Crown Entities
• interest in New Zealand’s work health and safety environment, including workplace illness and occupational disease
• understanding of, and ability to discuss, technological advancements, trends and uses, both at the Board and organisational level.

Board members are appointed as individuals to deliver on their collective responsibilities and not as representatives of particular sectors or interest groups. Diversity of experience and background of members across the Board is a key consideration.

The Crown Entities Act requires the shareholding Ministers to:

• only appoint a person who, in the shareholding Ministers’ opinion, has the appropriate knowledge, skills, and experience to ensure the sound management of the Crown entity company and to assist the company to achieve its objectives and perform its functions; and
• in appointing, take into account the desirability of promoting diversity in the membership of Crown entities.

Applicants for a member role should have the necessary skills and experience to enable them to meet the requirements of a member in terms of the Companies Act and other relevant legislation; and have the demonstrated skills to contribute to board level decision-making. Applicants must have the legal right to work in New Zealand.

Disclosure of interest

Section 31 of the Crown Entities Act 2004 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 further enquiries about the position, email: boardappointments@mbie.govt.nz