Surge in non-disclosure agreements at Health NZ sparks Labour Party complaint to Public Service Commission

By Jo Moir of RNZ

Nearly 70 staff at Health NZ / Te Whatu Ora have signed non-disclosure agreements since the end of November - almost double the 38 who have signed one at the Ministry for Environment.

The Labour Party on Monday made a complaint to the Public Service Commission about the high number of non-disclosure agreements (NDAs) being used at Health NZ.

Most government agencies rarely use them, instead relying on confidentiality clauses in contracts, which Labour said was the case when it was in government. Health spokeswoman Ayesha Verrall said NDAs effectively “gagged staff”.

“Non-disclosure agreements block legitimate scrutiny and stifles internal debate in Te Whatu Ora,” she said.

“The Government aims to cut $1.4 billion from the health system and is using these NDAs to hide where those cuts will come from and who they will affect. All the people involved are under threat of legal action if they speak out.”

The 67 staff who have signed them at the Ministry of Health since the coalition Government was formed include managers, human resource advisers and administration staff.

In a statement, Health NZ chief executive Margie Apa told RNZ the NDAs were for staff involved in addressing recent financial pressures and dealing with Budget-sensitive information.

“In the context of recent financial pressures, NDAs were put in place for some staff who were involved in detailed planning to address these pressures. This was an added protection for confidentiality, given the importance of robustly understanding the extent of the financial situation,” Apa said.

“We have also used non-disclosure agreements for staff dealing with Budget-sensitive information during the Budget 2024 process. This followed advice from the Ministry of Health.

“Non-disclosure agreements do not prevent staff from raising issues of misconduct, poor practice or problems in the workplace. This includes the ability of employees to make protected disclosures under the Protected Disclosures (Protection of Whistleblowers) Act 2022.”

Health Minister Shane Reti told RNZ the matter was operational, but he expected the NDAs were applied appropriately.

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