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State Services Commission Got MFAT Investigation Badly Wrong

Media statement
23 June 2016

State Services Commission Got MFAT Investigation Badly Wrong

Derek Leask, a former Deputy Secretary of Foreign Affairs and New Zealand High Commissioner in London, has welcomed the Ombudsman’s findings on the investigation by the State Services Commission into the leaking of Foreign Affairs papers in 2012 and 2013. Today he gave his views on the Ombudsman’s report just released.

The Ombudsman has found fundamental flaws:

• in the conduct of the SSC inquiry – with multiple breaches of natural justice and correct process

• in the findings of the SSC report – with all the accusations against him failing for want of evidence

• in the SSC’s unjust decision to publish an unfair report.

Derek Leask said “The 2013 findings against me and against other MFAT staff have been rubbished. It is good to have the slur on my reputation removed. Today’s findings by the Ombudsman go beyond the vindication of my actions. The Ombudsman’s report suggests that the 2012/13 SSC investigation was out of control from start to finish.”

“It is a matter of great public concern that the SSC acted in the way that it did. The Ombudsman’s report highlights that SSC and the Inquiry team ignored the basic requirements of natural justice, and good process and trampled on personal rights, pursued an agenda outside the term of reference; refused to engage with counsel or listen to reasoned argument; ignored expert testimony; failed to check the facts and refused to inform the targeted officials of precisely what rules they were supposed to have broken.”

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“In reality this meant I was forced to defend myself against accusations which weren’t part of the original inquiry and which were proved wrong. During the investigation I had no choice but to engage lawyers to navigate an aggressive SSC-run process which resulted in personal public attacks. After the investigation I was determined that the SSC be held to account by an independent, fair and objective authority. That is why I appealed to the Ombudsman. And now I am finally vindicated. It has been a long fight but worth it.”

Derek Leask expressed confidence that the Government and the Public Service would quickly implement the Ombudsman’s recommendations.

For Mr Leask it was important to challenge the SSC’s breach of the most fundamental principles of natural justice and the betrayal of the core values of a public service that has long been recognised as one of the world’s exemplars for its integrity and high quality decision making.

“My worry has been that others who wrongly faced the power and resources of the Public Service machine may not have the same capacity and good fortune I had to deal with wrongful accusations.”

“On this occasion the SSC picked the wrong target. They picked on individuals who had been sufficiently senior for sufficiently long to know how the Public Service is required to act and work and how public servants should behave. Moreover we had the support from many former and current senior public servants, senior members of the legal profession, and from experts in matters of public administration.“

Derek Leask said “This whole business has underlined the importance of the independent Office of the Ombudsman. “Sometimes our public sector institutions get things wrong and they need to be held accountable.”

23 June 2016


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