What the Public Service Commission told ministers about sacking Rob Campbell

Rob Campbell has lost his leadership roles running the new national health authority and the Environmental Protection Authority. Photo / Michael Craig

Ousted Te Whatu Ora-Health NZ chair Rob Campbell’s LinkedIn posts were “clear breaches” of the Crown entity Board member Code of Conduct and compromised the “trust and confidence” Campbell needed to do his job, according to one of New Zealand’s top public servants, Public Service Commissioner Peter Hughes.

Hughes is the public servant that advises on the appointment of most other public service chiefs. He enforces standards across the public service and is able to dismiss public service chiefs if they fall below those standards.

Health Minister Ayesha Verrall asked for Hughes’ advice on Campbell’s conduct after he posted to LinkedIn criticising National leader Christopher Luxon and his Three Waters policy.

As a Crown Entity director, Campbell served at the pleasure of Verrall - this meant he could not be dismissed by Hughes, unlike public service chief executives.

The advice Hughes gave to Verrall has been released to the Herald under the Official Information Act.

Hughes considered Campbell to have weighed in on three political matters:

First, “[t]hat the National Party’s policy on Three Waters should not be taken seriously”, second, “[c]alling into question Mr Luxon’s judgment”, and third, “[q]uestioning the integrity of the Opposition’s policy position”.

“In my view, these comments are a breach of the Code and also demonstrate a failure to uphold the public service principle of political neutrality,” Hughes wrote to Verrall.

A separate letter from the Public Service Commission to the Herald drew attention to the fact that the “seniority of a person’s role in the Public Service is an additional that influences their ability to make public comments on political matters”.

“The greater the seniority and influence, the less appropriate political activity outside work may be. These public servants must take particular care about engaging in political activity outside work and carefully consider public perceptions,” it said.

Hughes advised Verrall of her options: she could remove or formally caution Campbell.

If Campbell was to be removed, Hughes advised Verrall of the “natural justice” process set out in the Crown Entities Act.

This was to first put the matter to Campbell, await his response, and later consider his response before making any final decision.

The letter shows that Verrall requested the advice on the evening of Sunday February 26, shortly after the comments first surfaced. Hughes replied the next day.

Hughes sent the same advice to Environment Minister David Parker, to whom Campbell was responsible as a board member of the Environmental Protection Authority. The letter shows this advice was only requested by Parker on March 1, the day after Verrall had sacked Campbell.

Campbell has said the remarks were made in a personal capacity and his dismissal had more to do with the Government’s decision to de-emphasise co-governance.

Campbell told the Herald the Government was “trying to shut down political dissent and political debate over issues such as co-governance”.

“This is an interpretation by the Government to apply a particularly repressive interpretation in order to try and control political dialogue - that’s all it is,” he said.

Campbell said that under his leadership, the EPA was also moving towards something approximating co-governance.