The public service commission’s Debbie Francis and Steve Haszard will conduct the review
The justice ministry is set to undergo a rapid performance improvement review over its handling of ex-TVNZ Lotto presenter Russell Harrison as a ministry employee after he was charged with money laundering.
Paul Goldsmith, justice and public service minister, made the call after what he described as the mishandling of Harrison’s employment. Harrison had started working with the justice ministry on 21 June 2021 under the Kaiārahi (Family Court navigator) service; on 30 June 2021, he was charged with serious criminal offences following a sting operation that revealed he was shipping gold bars worth thousands of dollars to Turkey for a global drug ring.
The ministry suspended Harrison on full pay on 7 July 2021. According to the NZ Herald, he was one of hundreds arrested worldwide, and the complicated nature of the criminal case led to appeals due to evidential challenges. Moreover, the COVID-19 pandemic stalled the case’s progress.
A trial date was finally set for 29 July in January this year. On 19 June, Harrison pleaded guilty to money laundering. Following a short process, he was terminated from the justice ministry on 24 June.
“What happened with the former Ministry of Justice employee Russell Harrison is utterly unacceptable. I am seriously concerned about how this occurred. It was mishandled consistently for five years,” Goldsmith said in a media release.
He said he had only learned of the issue involving Harrison after his office inquired about it. While justice secretary Andrew Kibblewhite issued an apology, Goldsmith said his confidence in the ministry had been rattled.
“Business owners across New Zealand work their way through difficult employment matters every day. New Zealanders expect the Public Service to show the same level of practical management”, Goldsmith said. “Therefore, in my capacity as Minister of Justice, I have directed the Public Service Commission to undertake a rapid review of the Ministry of Justice. This matter will be part of a review of the Ministry’s overall operations and performance”.
Debbie Francis and Steve Haszard have been appointed to conduct the review.
Kibblewhite pledged to improve the justice ministry’s employment and management practices, conceding that the ministry had “made a number of mistakes” in the Harrison matter. Kibblewhite accepted that instead of suspending him, the ministry should have fired Harrison on receiving the police vetting report the day he was arrested.
“We have both received an independent legal review of our legal advice and undertaken our own stocktake of what happened. Whilst the independent review noted that it can be notoriously difficult to progress an employment matter where there is a related criminal prosecution, it is also clear we got some key things wrong”, Kibblewhite said in a media release.
He added that the ministry had flagged the need to improve systematic oversight and monitoring in complex employment relations matters as well as the need to strengthen specialist advisory support for managers.
Kibblewhite said the chief legal counsel will lead the bolstering of expertise and access to specialist employment law advice and assurance. The deputy secretary of corporate services will assess and improve processes and guidelines for pre-employment checks, conditions of employment, and management controls of conditional employment.
The secretary will also evaluate all employment policy settings to manage prolonged absences involving criminal charges or allegations of serious misconduct, providing clear guidance to managers regarding expectations. The secretary will also strengthen senior leadership oversight and improve the escalation of high-risk or long-running employment matters via structured review points, consistent reporting, defined decision points, and no-surprises processes for ministers.
The secretary and the chief legal counsel will collaborate with the chief operating officer to improve decision-making for major employment matters through the clarification of legal, human resources, and operational responsibilities. They will mandate comprehensive advice, risk assessment, independent review and documented rationale.
These actions are set for completion by the end of October.
“The question of accountability of those involved in this matter will be taken into account in our performance review processes, starting with senior leaders. In relation to me, I will ensure the Public Services Commission has access to all the relevant material”, Kibblewhite said.
Goldsmith has also instructed public service commissioner Sir Brian Roche to relay to all chief executives robust guidance for managing employment cases involving criminal proceedings.
“We need to ensure there are processes firmly in place to stop this from happening again”, Goldsmith said. “I recognise that chief executives must manage these matters in accordance with fair employment processes, however, that doesn’t mean passive management. Where an employee is on pay and not working, I expect agencies to manage the matter actively, make timely decisions, and keep the interests of taxpayers firmly in view. Paying somebody for five years for not working cannot be justified”.
