Switching from the Beehive to lobbying could result in unfair information access - Government report

A Ministry of Justice report has found current rules allowing Government officials to transition into lobbying roles risk the misuse of privileged information and allow unfair access to it.

The Update on the Political Lobbying Project" was given the green light by Prime Minister Chris Hipkins in April to support greater transparency around lobbying at Parliament.

The Ministry of Justice was asked to review policy options for regulating lobbying activities, which could include a public consultation process - as well as develop a voluntary code of conduct to enhance transparency.

About 180 people, including lobbyists, business people, academics and non-government organisations, met ministry officials over the matter in recent months.

According to the update, issues can arise when there is an imbalance, real or perceived, in who gets access to decision-makers - which can lead to "a lack of trust" in the democratic process and ultimately affect social cohesion.

"Movement between roles in government and lobbying agencies can result in misuse of

privileged information and unfair access."

It also found issues surrounding the possibility of rogue lobbyists presenting "unethical or illegal" behaviours, such as falsely claiming to represent groups when they do not, or accepting bribes.

The ministry also speculated that the spread of biased information "can reduce the public's ability to critically engage in matters that affect them".

Former Labour Justice Minister Kiri Allan was recently criticised for jumping into a new consultancy firm, a manoeuvre Allan had once launched a review into.

Justice officials were asked to look into lobbying in April, over controversy sparked by former MP Kris Faafoi starting a firm less than three months after resigning.

The Ministry of Justice report suggested the Government had many options to protect public trust in New Zealand's democratic system.

It said Open Government Partnership work, which is overseen by the Public Service Commission has been looking at ways to improve public access to information.

Meanwhile, the Prime Minister and Cabinet have been coordinating the cross-government Countering Foreign Interference Work programme, "which includes a focus on promoting the transparency of other states' activities in New Zealand".

Among other mechanisms is the work the Department of Internal Affairs has been doing, according to the paper, on its consultation around ways to regulate the harmful use of media platforms in New Zealand.

The Cabinet manual and Government agency codes of practice could also clarify rules around conflict of interest in lobbying, as well as existing laws in place around bribery, corruption and political financing.

The Ministry of Justice said the ongoing project will need to be aware of the range of work already in motion to address issues with political lobbying.

Updates are being posted roughly every two months on the Ministry of Justice website explaining the project and the issues that need addressing.

The Ministry also said meetings are now under way on a voluntary code although,
according to the update, reaction is mixed to the idea. Attendees have thought while the code may improve public understanding and trust in the work lobbyists do, they questioned how effective the code would be.

Questions were raised over the definition of lobbying and it was agreed the code should include industry and union bodies, interest groups, academics and businesses.

It was also believed, by those involved in the meetings, that even a simple code could be challenging to implement.