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Review of the Ministry of Consumer Affairs

|Index|Phase One: Report : Background Papers|Phase Two: Final Report|

Phase Two: Organisational Review: Final Report

22 August 2003

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Appendix Five: Summary of Main Themes Emerging from Submissions/ Feedback Sessions and Responses Given

This material summarises the main points/themes that emerged from the consultation exercise. With the exception of the first point, they have been summarised under the main headings used in the Final Report, for ease of reference.

There Is Nothing Broken ...

Some of the submissions expressed some surprise at the changes recommended in the draft report because the Phase 1 report concluded that "nothing was broken". My interpretation of the Review teams comments was that there was nothing fundamentally wrong with the Ministry. There was no function missing, for example. However, that does not mean that there are no improvements that can be made to improve the performance of the organisation.

Limitations of the Current Organisational Arrangements

Feedback on the limitations section of the draft proposals was generally supportive of the points made. In particular people appeared to relate to the need for a flatter management structure "the previous management role sitting between the GM and the ESS and TM line managers was largely superfluous" and clarity around accountabilities and authorities. Submissions also supported the need for additional focus on research and on "information in rather than out". Most submissions focussed on the "silos" issue in some way, many acknowledging that this issue has been around for some time and it does "hamper MCA's ability to achieve". Many submissions cautioned that a new structure could bring with it the risk of new "silos". Several submissions made the point that good management, clear role descriptions, accountabilities, authorities and personal performance expectations could be used to reduce or remove this potential risk.

Some took exception to some of the comments made, however. One staff member made the point that the "road-show" approach to third-party training referred to on page 5 could be seen as an example of "cross-branch" work rather than a "silo approach". This comment has been removed from the final paper. The NUPE submission challenged much of comments made about "silos" on page 5 of the draft report. I have removed the reference to having a separate Māori projects officer for MCA and ESS having the potential to create silos in response to part of this comment. In response to remainder of this point I can only comment that most of the points made were either supported by submissions/feedback or comments in previous reviews, such as the Review of Planning Processes conducted by Tom Roache in June 2002.

Comment

The critical point I took from the submissions and feedback on the limitations section was that while structural changes may have an impact, they will not of themselves address problems of, for example, lack of communication or knowledge transfer. This essentially comes down to culture within the branch which is itself dependent on the incentives that the various systems and processes set up. Constantly reviewing and enhancing these systems is a key accountability of the General Manager in conjunction with the branch management team.

Proposed Branch Structure

This issue is dealt with at the end of this section.

Strengthen Policy Capability

Of those submissions that commented on the policy proposal, the majority supported the proposed increase in the capacity of the team. The following points were also made:

  1. Some staff were concerned that separating policy from operations would result in policy/operations silos. Others were of the view that the policy team should maintain an overview of all branch policy at the strategic level. A number of those who commented on the silo issue indicated that this issue could be dealt with through clear accountabilities and performance expectations that stressed working together. With respect to Energy Safety policy those who commented indicated that they believed that the proposed arrangement could work as long as good processes were put in place to ensure that ES policy and operations continued to work closely together.
  2. It was suggested that the introduction of a Chief Analyst would result in role confusion with the Manager, Policy (particularly if the Chief Analyst managed staff). It was also suggested that it could also make the role of senior advisor less attractive as the more exciting and challenging projects would fall to the Chief Advisor. Some submissions also questioned whether MCA attracted the type of work and was disparate enough in its functions to support a Chief Analyst.
  3. A staff member suggested that new policy positions, with the exception of the ES policy positions, should be "untagged" to promote flexibility and reduce "silos" within teams. Likewise steps should be taken within the policy team to ensure that subject specialisation does not result in succession problems.
  4. Staff also recommended that the policy team role descriptions incorporate an accountability that mirrors the knowledge transfer component in the "Market Intelligence" Group accountabilities.

Comment

Having considered the feedback on the Policy Capability proposals I reached following conclusions.

First, I agree with the feedback that the Policy team have responsibility for strategic ("big P) policy frameworks for the entire branch, this includes strategic weights and measures policy as well as consumer safety and strategic policy on consumer information standards (i.e. Labelling). The policy team should undertake policy projects in conjunction with appropriate operations staff (both operational policy and operations). Where a strategic weights and measures or product safety issue arises, for example, a project team would be assembled comprising policy and operations staff. The lead role for these policy projects could be either with the policy or operations teams. In the case, for example, of the current fiscal year project on the scope of national measurement activity, the lead role would be with the Senior Advisor, Legal Metrology (part of MAPS team).

There are a number of reasons for my conclusions in this area:

  • Combining all strategic policy advice into one team provides greater potential for coherency and alignment of policy advice across the branch. As Creating Confident Consumers indicated, each component of the consumer outcomes framework needs to be working in a consistent direction in order for the desired high level outcome to be achieved. To achieve this it is important that the underlying policy frameworks are aligned. Having responsibility for all high level policy frameworks in one team will also facilitate consideration of alignment/linkages between consumer and energy safety policy and economic development.
  • Under the past and current transitional arrangements, [6] each of the "business units" within the branch was relatively self-sufficient and the incentives to work across the branch not particularly strong. The combination of the strengthened focus on understanding what works for whom, with the structural, accountability and process proposals should create greater interdependencies across the branch. Knowledge transfer will be a core accountability in all role descriptions and should be reinforced through performance expectations. Taken together these factors should provide greater incentives for working together across the branch with resulting benefits in terms of better informed policy and service delivery.

With respect to Energy Safety policy, I believe that the incorporation of energy safety policy staff within the policy team will have positive spin-offs in terms of the synergies between the two policy areas and the application of policy disciplines. However, I remain open to the idea that amalgamation of this function with energy safety operations could be a medium term objective once operational systems have been enhanced and bedded in. This could be timed to coincide with the completion of the bulk of the Energy-safe regulatory work programme.

The proposed transfer of the Senior Product Safety Advisor to the policy team below as part of the Measurement and Product Safety proposal.

Chief Advisor

Careful consideration has been given to the comments made in submissions regarding the Chief Advisor. The key capability the Chief Advisor would bring to the team, the branch and MED as a whole is intellectual leadership. They would be recruited for ability to engage across any discipline and to add significant value in terms of intellectual/analytical leadership regardless of whether they have detailed knowledge of the subject at hand or not. They would be expected to being working predominantly on cross-MED and cross-departmental projects. The "Chief Advisor" skill is one that is frequently contracted in by departments in recent times to deal with complex, often systemic policy problems, where a robust way forward needs to found in a relatively short space of time.

The difference between a senior advisor and a chief advisor is one of degree. A minimum expectation of a chief advisor is that they can provide intellectual/analytical leadership across a wide range of disciplines and are able to quickly apply policy frameworks to new issues or complex problems and identify a path forward. A senior advisor is not expected to sustain the level of cross-disciplinary intellectual leadership or work on complex policy problems expected of a chief advisor. They would more frequently be providing intellectual leadership within an area related to their field of expertise.

The Chief Advisor will not have staff management or day-to-day team leadership responsibilities, though they will be expected to provide significant intellectual leadership to the team. In this way I do not think that there will be any scope for confusion between the Chief Advisor and the Manager, Policy. Likewise, I do not accept the argument that the Chief Advisor will diminish the attractiveness of the senior advisor positions within the policy team. On the contrary, I believe that the existence of the Chief Advisor will give us entrée into more challenging policy projects that will extend the experiences, skills and capabilities of the other members of the policy team (The rising tide lifts all boats).

Titles in General

The PSA asked a question on behalf of members about the difference between an advisor and an analyst. The answer is that the terms tend to be used interchangeably across MED and the public sector. I have decided that I will use the term advisor and apply it consistently.

Market Intelligence Group

There was considerable support for the idea of refocusing the current Consumer Information Service on information in, as opposed to largely information out and on building a research and evaluative capacity. I have also received considerable endorsement of the idea of combining information dissemination responsibilities in one place in order to gain efficiencies and greater consistency in "look and feel" of information products.

Concern was expressed:

  1. about the title of the Group and the Market Practice Officers.
  2. about the potential workload of the Market Practice Officers (can 4 advisors deal with this workload?)
  3. by NUPE that research expertise is being funded through reprioritisation and efficiency savings. NUPE proposes that the current organisational structure be maintained with research functions added to certain roles within each business unit. NUPE also propose that MCA apply for funding for a certain number of full-time research positions per business unit and provide each identified role with a portion of that funding.
  4. About potential overlaps between Market Practice Officers and Capability Advisors in terms of relationship building.
  5. As to whether the Team Leader (REM) was justified. However, this concern was dropped during the development of draft role descriptions when it became more obvious that there was a clear Team Leader role.
  6. About whether the full potential of the Capability Advisor position (Community) was being exploited (the ability to use networks to gain information on consumer issues) and whether initially it is a part-time position.
  7. Regarding whether the Information Advisor Position was sufficiently "interesting" to provide job satisfaction.
  8. About the possible impacts of reducing the number of specific Māori positions across the branch; and that the
  9. Research/Evaluation Advisor position should be required to develop relationships with community agencies, as some of the key sources of qualitative information and case studies.

Comment

Name of Market Intelligence Group

There appears to be virtually unanimous agreement that the name Market Intelligence (or any name that includes the term "intelligence") will either be incomprehensible or misunderstood by target audiences. The title "Research, Information and Capability Group" appears to have general acceptance. I have also decided to retitle the proposed Market Practice Advisors, Advisor, Consumer Issues. This would replace the existing title of Advisor, Consumer Law. Individuals in these positions would not be required to have a law degree though those with law degrees would be free to have LLB on their business cards. It is my view that this approach is less likely to result in consumers mistaking our advice as a legal opinion. It is also consistent with the current person specification for this position, which states that a law degree or legal training is desirable but not essential.

Workload Issues for Market Practice Advisors

As noted above, concern was expressed at the size of the Market Practice Advisor positions. NUPE have indicated that they have significant health and safety concerns as a result. The intention of the proposals in the OIR was essentially to make minimal changes to the existing Consumer Law Advisors' core tasks. Instead the proposal was to shift the primary focus from the provision of information advice and guidance to the identification of consumer issues that may result in significant consumer detriment to facilitate policy or operational responses as necessary. The provision of information and advice remains an objective, just not the primary objective.

I have given considerable thought to this issue. Feedback from staff in these positions suggests that essentially all of the "tasks" identified in the role descriptors are appropriate to the role. Individual Consumer Law Advisors (CLA) appear to have concluded that they will need to be undertaking all aspects of the role description at all times. In fact, as is stated in the current CLA job description, "the exact duties of the appointee will be detailed in their performance agreement", that is, in any given year an advisor will be given certain key tasks or expectations to focus on. This may apply to a focus on a particular community. It may that a particular issue has been targeted for consideration.

In addition, the proposed structure includes a "special projects" fund (in the first year it is proposed that this would be used for a fixed term project to develop the training trainers approach with the CABx). This fund will provide some flexibility to deal with work pressures arising from particular "market events". If successful, the training trainers approach also has the capacity to reduce the workload of the Advisors, Consumer Issues. It is anticipated that the Contact Centre will also reduce some of the existing workload for this group.

In conclusion, we will proceed with the proposed reduction in Consumer Law Advisors (Advisors, Consumer Issues) and manage the workloads appropriately.

Specialist Research Expertise

With a few exceptions, very strong support has been expressed for the development of a specialist research and evaluation capability within the branch.

With respect to the NUPE proposals, it is my view that there are efficiencies that can be achieved in the admin support and CIS area. In terms of prioritising the use of this resource, given our strategic direction it makes sense to reprioritise these funds to purchasing research and evaluative capability. It is my view that having this capability will make the Advisor, Consumer Issues roles more rewarding because the information they are collecting and the research they are undertaking will be being put to good use. My understanding is that the lack of a "receptacle" for this information was at least part of the reason why previous attempts to improve consumer issues monitoring was not particularly successful.

With respect to the NUPE alternative proposal, it my view that this is not workable. To a certain extent, all staff will be undertaking research whether it is a policy analyst undertaking secondary research or a staff member using his or her networks to obtain information about consumer issues. However, experience across a number of different government agencies has shown that if you do not "cordon-off" your specialist research function, it is inevitably overtaken by more pressing "urgent" issues. The day to day "urgent" tasks crowd out the strategic activity. It is for this reason that I am determined to create a separate research function. I have not ruled out seeking additional funding to support this research.

Questions have been asked whether it is necessary to maintain a specialist Research/Evaluation Advisor within the branch on a permanent basis. My view is that in order to secure this expertise at a price we are able to pay, we will need to offer a permanent position. The wider MED is currently considering whether to establish a research and evaluation "centre of excellence". Should this occur, it may be that this position (not the funding) could transfer to the centre of excellence at sometime in the future thus freeing up the resource to be utilised in other ways.

Potential Overlap between Market Practice Advisors and Capability Advisors Regarding Relationship Management with Certain Stakeholder Groups

It was not the intention to say that only one position could maintain a relationship with particular stakeholders. It is expected that we will as an agency have multiple points of entrée into certain stakeholder organisations at different levels. However it will be necessary to establish who has the lead responsibility for developing and maintaining certain relationships. This will be dealt with through the development of a relationship management strategy. This is one of the tasks of the Senior Communications Advisor.

Moving from Two to One Māori Projects Officer in Order to Free up Resource to Spend on Māori Projects

Opinion and feedback varied considerably on this proposal from those who were very supportive of the idea (as long as existing projects such as that in Taitokerau continue) through to those who were very concerned about the loss of Māori capability within the branch. There seems to be some confusion over what is being proposed and I will seek to clarify this now. Currently there are two Māori Projects Officer positions. The accountabilities for both positions are the same. The difference is that one focuses on energy safety issues and the other on consumer issues. Both salaries are funded out of Vote: Consumer Affairs.

Projects money for the ESS-based position is funded out of third party levies. There is very little projects money available for the CIS-based position. This has the potential to significantly impact on its effectiveness. The proposal is to disestablish one of the positions and use the salary from the other position to fund additional projects. There would, therefore, be no decline in the amount of total resource spent on improving the capability of Māori communities to recognise consumer and energy safety issues and risks and take appropriate action.

The NUPE submission also makes the point that from the perspective of the MCA Kaiwhakarite Māori, that the conclusion of the Phase 1 Review team that "nothing was broken" within MCA and that "it remains on the right track" was not true with respect to Māori issues. The submission makes the point that MCA is yet to develop a framework that focuses on outcomes for Māori and Māori development and is yet to develop a systematic approach to the way its establishes relationships with Māori.

I have some sympathy for the position articulated by the NUPE submission. As part of the wider Ministry of Economic Development, the Ministry of Consumer Affairs and Energy Safety branch is participating in a whole of Ministry project aimed at developing a strategy to support its outcome "Māori realise their economic potential". The MCA Kaitakawaenga Māori is part of the core working group for this project. This project will be focusing on, amongst other things, a framework for thinking about MED's contribution to Māori economic development and a systematic approach to the way it establishes relationships with Māori. The Ministry of Consumer Affairs will continue to participate in this project, and will look to use the framework developed through this process.

After giving this issue considerable thought I have concluded that the best strategy at this time is to retain the original proposal in order to gain access to the projects money with one change. As there will be one position, it is my view that it needs to be at a sufficiently senior level to be able to establish and maintain effective relationships with Māori at senior levels and personnel at a senior level in the public service. This position will therefore be described as Senior Capability Advisor (Māori).

Measurement and Product Safety Service

Significant support has been expressed for the new Team Leader roles in the MAPS team (after some initial debate around the concept) and for the proposed budget bid to fund 4 additional MAPS officers. The primary discussion point during the feedback regarding the MAPS team was the location of the Senior Advisor, Product Safety and the name of the service. With respect to the name, it is my view that having a name that conveys clearly the role of the service is important. After weighing the pros and cons of name changes, I have decided to proceed with a change to Measurement and Product Safety.

Senior Advisor, Product Safety

Under the proposal in the OIR, the Senior Advisor, Product Safety position would be transferred to the Policy Team. Concerns have been expressed that the head office function is under-resourced and that the Advisor, Product Safety, would not be able to deal with sensitive negotiations with senior executives around voluntary action or intervention.

Decisions in this area have been difficult for two reasons. First, it is plain that the Senior Advisor, Product Safety is, due to her skill and experience, able to efficiently deal with issues that may require more resourcing if others were to take on the responsibilities. What is not entirely clear is how much more and at what level. Second, under the proposed approach, the MAPS Team Leaders would pick up the responsibility for negotiating voluntary action and/or intervention with traders, importers or manufacturers of problematic products. It is anticipated that these Team Leaders will have had significant experience negotiating weights and measures issues with senior executives and would be well placed to do this work.

It is also expected that MAPS officers would progressively take over responsibility for developing or reviewing some product safety standards, particularly those resulting from specific investigations carried out by them. They would also undertake networking activities in the regions (attending field days etc). However, the ability of the regional MAPS network to take on additional "head office" product safety functions is to a large extent dependent the proposed budget bid for 4 additional staff. The proposal is also very dependent on the transfer of knowledge from the current Senior Advisor to new and existing MAPS personnel.

For these reasons I intend to proceed with the proposal but use a 10-month transition period. During this time the Senior Advisor Product Safety would remain in the MAPS team and would:

  • Assist the Manager, MAPS with the recruitment and selection of the Advisor, Product Safety and fine-tune the consumer safety accountabilities of the MAPS network;
  • Contribute to the development of the business case supporting the bid for 4 new MAPS personnel including any adjustments necessary to take account of new information;
  • Work with key product safety personnel within the Energy Safety Service to explore possible task sharing and information sharing strategies;
  • Provide in-depth training to the new Advisor, Product Safety, the Team Leaders and MAPS officers on consumer safety issues;
  • Complete the Consumer Safety Compliance manual, including any additional material necessary to support work of the regionally-based officers;
  • Progressively hand-over responsibility for consumer safety operational functions to the Advisor, Product Safety and other designated members of the MAPS team.

Should the Budget bid be successful, the Senior Advisor will move into an untagged Senior Advisor (Policy) position in the policy team. Initially it is likely that due to their previous experience, the new Senior Advisor would undertake strategic work on consumer safety issues. Over time this would cease to be the case.

Should the Budget bid be unsuccessful, the decision to move the Senior Advisor would need to be reviewed. The activities undertaken over the transition period would, however, be largely necessary regardless of what arrangements are put in place.

Senior Communications Advisor Position

Opinions on this topic were polarised. The majority of feedback received on this topic was strongly supportive of the move to reduce the number of branch communications positions to one in order to gain efficiencies. However some very strong concerns were expressed. In summary the key points made are that:

  • Communications are an intrinsic part of ESS's functions. It is part of the way in which ESS achieves its core business.
  • ESS communications should parallel the approach to policy, that is retain the position but amalgamate the communications positions together in one unit.
  • If the current ESS Communications Advisor is not successful in her application for the position, the network of contacts and energy industry technical and legislative knowledge will be lost.

The proposed position is a Senior Communications Advisor (SCA) with a focus on both energy safety and consumer issues. It is not the intention to lose the energy safety focus. This will be part of the accountabilities listed in the role description. It remains my view that only one Communications resource is necessary in a branch the size of the Ministry of Consumer Affairs and Energy Safety Branch, particularly with the newly focussed information advisor positions also looking across the whole branch.

With respect to the Senior Communications Advisor role, the role description will make it plain that this role is part of a Ministry of Economic Development-wide communications team convened by the Director, Communications who has a leadership authority for communications across the Ministry of Economic Development as a whole. The SCA will attend the communication team meetings. This arrangement will facilitate MCA/ESS input into the Ministry-wide communications strategy and ensure that the communications strategy developed for the MCA/ESS branch is aligned that of the parent ministry, while retaining a specific focus on consumer and energy safety outcomes.

Reduce Admin Support Positions and Centralise Head Office Positions

The proposal to centralise the head office Admin Support Officers into a Branch Support Team, combined with removing the 0.2 FTE admin support in the Christchurch office and reducing the admin support in the Auckland office from 0.8 FTE to 0.5 FTE resulted in strongly polarised opinions. Feedback was either strongly supportive of the proposal or strongly negative.

On the positive side it was felt that centralising the head office support staff and placing expectations on them to cross-train would result in better quality, more flexible service delivery. Support staff could cover for each other when necessary. The provision of a consistent service would require good systems and multi-skilling. Multi-skilling was seen largely as a positive as it could lead to greater job satisfaction.

On the negative side, staff currently in administrative support roles warned that a centralised approach would result in a loss of service. Admin support people would not longer feel any connection to a team and as a result would lose touch with the team's issues. They would also be less inclined to "go the extra mile" for someone who was not a team member. While multi-tasking was seen as a positive, the potential for specialisation based on a particular support person's skills or aptitudes could result in boredom and loss of job satisfaction. Staff who currently have a personal assistant role feel that the move to a centralised approach will not only have a detrimental effect on the Manager they work to, is a retrograde career step from their perspective.

NUPE indicated the combination of centralising the admin support team and reducing the numbers of staff could provide a health and safety risk and that they would oppose such a move.

Support staff provided some useful points on what would need to happen to make a centralised system work. These points included:

  • Each team should have a key contact support person who will know the team's business and be kept informed of their needs and plans;
  • Locating support staff with teams could assist with this (but associated down-side re sharing experiences across the support team);
  • Support people should be able to fulfil a PA role if managers require it;
  • Regional support people should be managed by someone on-site; and
  • The need for assurance that staff workload would be monitored and if it appeared that an additional support person was required, this could be dealt with.

Comment

As noted above, centralising support staff under a common manager can have some significant benefits. There are also some risks that need to be managed, particularly the requirement to monitor staff to ensure that workload pressures are not too great and being prepared to take rapid action if this is in fact the case.

I am proposing that we adopt the following approach, which varies in some respects from that in the draft report.

Head Office

  • Admin support staff in Head Office will reduce from five to three positions as proposed in the draft report. The Admin Support Team will report to the Strategic Business Advisor who will essentially coordinate their work.
  • Each admin support person will be assigned as a contact person for a team on the following basis:
    • 1 person for the Policy team and the MAPS team;
    • 1 person for the Research, Information and Capability team; and
    • 1 person for ESS Operations.
  • Support people would be located with the teams that they are servicing. They would attend team meetings and meet regularly with team Managers to ascertain the level of work required.
  • Staff wanting support could go directly to their contact person to request assistance or to the Strategic Business Advisor. The onus would be on staff to be very clear in their request to facilitate and appropriate response. The Admin Support Team would then meet the support need as flexibly and efficiently as possible.
  • Managers would be able to negotiate for PA services with the Strategic Business Advisor.

The Strategic Business Advisor would monitor team workloads and provide feedback to the General Manager on any changes necessary to address workload or other concerns.

Regional Offices

It became very apparent during the feedback sessions in the Manukau office that the support person provides an critical service in terms of managing incoming Pacific Island hotline calls including deal with many of the less complex inquiries directly. With the Auckland Advisors, Consumer Issues reducing from three to two it will be important to have someone dealing with the incoming calls and requests for assistance. As a result I propose that the support staff quotient in the Manukau office be adjusted back to the original 0.8 FTE. The admin support person would report to the most senior Advisor, Consumer Issues.

With respect to the Southern Business Centre, I have arranged with the Group Manager, Business Registries, that the MCA and ESS staff will be supported through the Centre support staff.

Contact Centre

The draft report proposed that the entire MCA/ESS branch move to using the Southern Business Centre, Contact Centre for all non-complex email and telephone traffic with the exception of the hotlines. The rationale is to free-up staff as much as possible to focus on higher priority tasks. It would also provide an excellent source of information about calls taken. The proposal was to start with the Research, Information and Capability Team and then phase in the remainder of the business.

Reaction from staff through the feedback and submission process was generally positive, though some expressed some doubts at the level of calls and emails that would be able to be dealt with without referring them on to Advisors, Consumer Issues.

Since 10 July 2003, the Contact Centre Manager has undertaken some work to ascertain what would be required to action the proposal to facilitate a final decision in this area. The proposed action plan has been informed by discussions with CIS staff.

Comment

It is recommended that filtering of specific inbound emails and phone calls to the Ministry of Consumer Affairs and the Energy Safety Service by the Contact Centre commence from 1 November 2003. The General Manager, MCA and the Group Manager, Business Registries will sign off the action plan and service level agreement for the first phase of this process by 29 August 2003.

Branch Systems and Processes

Where submissions focussed on the comments and proposals made in this part of the report they were generally positive. One submission, which was very supportive of the proposals put forward, asked that the comment in paragraph 35 be amended to say that "policy project teams should comprise policy and operations staff and the evaluation advisor where appropriate". This is a good point and the text has been amended to reflect it. Not all policy projects will require operational input nor will all operational projects require evaluative or policy input. The important thing is to consult early with colleagues to ascertain whether they are interested in being involved.

The point was also made that while the idea in paragraph 34 that each team member has a responsibility to understand their colleagues' work was good, it was unclear how to make this a reality. The text of the report has been amended to suggest a number of ways including peer reviewing colleague's work, presenting team seminars or simply discussing work-related issues over coffee. It need not be a burdensome responsibility, but it does require some proactivity.

Proposed Branch Structure

The majority of submissions were supportive of the new structure, though as mentioned above, some suggested that care would need to be taken to ensure that silos did not develop between policy and operational areas and between the sub-teams within the Research, Information and Capability team. Some submissions suggested that the intention behind the establishment of the research and evaluation capability in the Research, Information and Capability team could have been achieved through simply adding research functions to existing jobs. As noted earlier, it is my view that we need to both make the most of the information that we can glean through our various networks, but we also need to "ring-fence" some resource to undertake more detailed qualitative and quantitative work.

Having considered the feedback and submissions provided, I am proposing to go forward with the structure largely as presented in the draft report. The only changes in the organisation chart listed below from that in the draft report are that:

  1. All policy staff are referred to by the generic title of advisor rather than analyst.
  2. With the exception of the Energy Safety policy staff, none of the policy positions will be tagged as this tends to place limitations on the type of work the individual can undertake.
  3. There will be a 10 month transition period between the implementation date and the transfer of the Senior Product Safety Advisor resource to the Policy Team to allow for building up the competency of the MAPS team in the product safety area. If the Budget bid is not successful, the decision to transfer this resource will be reviewed.
  4. The Capability Advisor (Māori) will be a senior position.
  5. The admin support person in the Manukau office will report to the Manager, Research, Information and Capability Building rather than the Strategic Business Advisor.
  6. The Market Intelligence Group has been renamed the Research, Information and Capability Group and the Market Practice Officers title changed to Advisor, Consumer Issues.
  7. One of the Advisor, Consumer Issues positions will be based in Christchurch.

Energy Safety Service

Concerns were expressed by the PSA on behalf of its ESS members that the fact-finding stage during Phase Two did not extend beyond the Operations Manager. In fact discussions were had with the Senior Advisor, Energy Policy, and the Communications Advisor (as part of a branch wide group focusing on information issues). ESS support staff also contributed to fact-finding around administrative support functions. It is accepted that further discussions could have been undertaken with other ESS staff.

With respect to the comment that the transfer of the ESS policy team into the wider branch policy team contradicts the statement that ESS is not part of the Ministry of Consumer Affairs, I disagree. ESS and MCA are part of the same branch. They share the same General Manager. The Chief Executive has a clear expectation of me that I will organise the branch in the most efficient and effective manner I can to support the branch and MED-wide objectives. In determining not to replace the position of Manager, Standards and Safety, I was faced a decision on the location of the energy safety policy function which used to report to that position. I have decided that it is not desirable for the ESS policy team to work to myself. At this time I do not believe it is feasible for the policy team to report to the current operations Manager. However, in the medium term (and depending on what happens with the Building Policy Review) it may be feasible to look at this option again.

With respect to the Senior Capability Advisor (Māori), the Senior Communications Advisor, and the Information Advisor positions, these are branch positions, not MCA or ESS positions. The Senior Capability Advisor (Māori) will be focussing on both energy safety and consumer issues. With respect to the Communications and Information Advisor positions, it is my hope that a service level agreement is not necessary to gain access to these resources.


[6] Since the resignation of the Manager, Standards and Safety at the end of July 2003, and pending the conclusion of the review a transitional arrangement was put in place which has the Energy Safety policy team reporting directly to the General Manager and the Consumer Safety personnel reporting to the Manager, Trade Measurement.


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