Hide falls foul of Cabinet Manual

The Cabinet Manual details the basic expectations of ministerial conduct. It is not law but it would be highly irregular for a minister to breach the Manual and keep their job. And, unlike the law, just because something is not expressly banned does not mean it’s OK. Here’s some provisions of relevance to Hide’s speeches for donations:

Conduct of Ministers

2.52 A Minister of the Crown, while holding a ministerial warrant, acts in a number of different capacities:

a.in a ministerial capacity, making decisions, and determining and promoting policy within particular portfolios;

b.in a political capacity as a member of Parliament, representing a constituency or particular community of interest;

c.in a personal capacity.

2.53 In all these roles and at all times, Ministers are expected to act lawfully and to behave in a way that upholds, and is seen to uphold, the highest ethical standards. Ultimately, Ministers are accountable to the Prime Minister for their behaviour.

Fees and other payments 

2.91 Ministers often appear at conferences or other gatherings to explain and discuss government policies and plans. This is an integral function of government, for which the state would expect to meet expenses and no appearance fee would be expected or accepted.

Ministers’ interests

2.57 Ministers are responsible for ensuring that no conflict exists or appears to exist between their personal interests and their public duty. Ministers must conduct themselves at all times in the knowledge that their role is a public one; appearances and propriety can be as important as an actual conflict of interest. Ministers should avoid situations in which they or those close to them gain remuneration or other advantage from information acquired only by reason of their office.

Interests of family, whānau, and close associates

2.62 A conflict may arise if people close to a Minister, such as a Minister’s family, whānau, or close associates, might derive, or be perceived as deriving, some personal, financial, or other benefit from a decision or action by the Minister or the government. Ministers must therefore be careful not to use information they access in the course of their official activities in a way that might provide some special benefit to family members, whānau, or close associates. Passing on commercially sensitive information, or encouraging others to trade on the basis of that information, may also breach the insider trading regime. (See paragraphs 8.10 – 8.12.) Such a breach may result in a significant fine or term of imprisonment.

Conduct of Ministers

2.54 Holding ministerial office is regarded as a full-time occupation and is remunerated as such. Accordingly: a. accepting additional payment for doing anything that could be regarded as a ministerial function is not permissible;

[credit to r0b for doing the research on this one]

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