Terms of reference: Māori Advisory Group to the Digital Identity Services Trust Framework Board

The Digital Identity Services Trust Framework (DISTF) Act 2023 establishes a legal framework for the provision of secure and trusted digital identity services for individuals and organisations. The governance and accreditation functions under this framework are required to be transparent and incorporate te ao Māori approaches to identity.

This Terms of Reference (TOR) defines the purpose, functions, scope and membership of the Māori Advisory Group.

Purpose

The Māori Advisory Group is a Statutory Body established under section 51-55 of the Digital Identity Services Trust Framework Act 2023 (the DISTF Act). It is established to advise the Trust Framework Board (the Board) on Māori interests and knowledge, as they relate to the operation of the Trust Framework (section 53.1).

The Board is one of the two administering bodies of the Trust Framework (the other is the Trust Framework Authority). The Board is responsible for providing guidance about the Trust Framework and monitoring the performance and effectiveness of the Trust Framework. It recommends draft Trust Framework rules to the Minister, reviews and updates the rules and recommends regulations to the Minister.

Functions and scope

Working with the Board

According to the DISTF Act 2023, the Board must:

• seek advice from the Māori Advisory Group if a matter the Board is dealing with raises matters of tikanga Māori or Māori cultural perspectives (53.2)
• give effect to the advice of the Māori Advisory Group to the extent that it considers is reasonable and practicable after taking account of other relevant considerations. (53.3).

The Board and the Māori Advisory Group, acting jointly, must:

• prepare an engagement policy, setting out how they will work together, and
• prepare and agree the terms of reference for the Māori Advisory Group (this document).

The Board is required to publish the terms of reference, once agreed, as well as all written advice provided from the Māori Advisory Group (with redactions if needed) on an internet site maintained by the Department of Internal Affairs on behalf of the Board (53 6b).

The Board and the Māori Advisory Group, acting jointly, must review both the engagement policy and this terms of reference at intervals of not more than 3 years (section 53.7).

Section 53 (Role of Māori Advisory Group): DISTF Act 2023 — New Zealand Legislation

Duties of the Chairperson

• Establish the work programme and priorities for Māori Advisory Group, in discussion with the Board and the secretarial lead.
• Ensure members work well as a team and contribute to the collective advice that the Māori Advisory Group provides to the Board.
• Chair the hui effectively.

Duties of individual members

• Act in good faith.
• Act with reasonable care, diligence and skill.
• Exercise discretion with privileged information.

Collective duty of the Māori Advisory Group

Collectively, the Māori Advisory Group will proactively bring relevant advice, as defined in the purpose of this group, to the Trust Framework Board for consideration.

Secretariat support

Administrative support will be provided to the Māori Advisory Group through the Trust Framework Board Secretariat.

Duties of the Secretariat

• Manage all travel and accommodation arrangements associated with hui. These must be in line with the Department of Internal Affairs’ Travel Policy and the Department of the Prime Minister and Cabinet’s circular: Revised Fees Framework for members appointed to bodies in which the Crown has an interest.
• Work with the Chair to set the agenda for each hui.
• Prepare meeting packs and email to members 5 days prior to the hui.
• Record the minutes of the hui. The draft minutes will be distributed to the members within 5 days of the hui.

Membership

The Māori Advisory Group will be made up of up to seven members. Collectively the Group brings sufficient knowledge and expertise in working with digital technology and identity data management, including with:

• the ethical use of digital information
• protecting the privacy and confidentiality of digital information
• the secure handling of digital information.

Members are expected to hold the respect of the Māori community and be recognised as leaders in their field.

Candidates with the following areas of expertise and interest are preferred as members:

• detailed knowledge of te ao Māori approach to identity
• skilled in community and stakeholder engagement.

Group composition

The overall composition of the Group should aim to ensure diversity with regard to age, gender, geography representation and iwi.

Membership term

The term of membership is up to 3 years.

A member may be reappointed for a period of one further term, or continue in office beyond the expiry of the first term in office, until either the:

• member is reappointed by the Minister, or
• member’s successor is appointed.

Remuneration

The Māori Advisory Group has been classified as Group 4 Level 3 in line with the Cabinet-approved Fees Framework.

The daily fee is set at $633 for the chair and $435 for each member.

The daily fee covers a duration of 6 to 8 hours, and includes:

• attendance at meetings
• work performed outside of meetings where time spent is under 3 hours, for example: preparation for meetings, representation of the Group at other forums, or administrative work.

Payments to members of the Māori Advisory Group may be made for periods of less than 6 hours on a pro-rata basis, for example: payments for a period of at least 3 hours may be paid at half the daily rate.

Work other than preparation for meetings must be approved in writing by the Trust Framework Board Chair before it is undertaken. Individual members should not set their own work programmes without the endorsement of the Trust Framework Board Chair.

Expenses and payment

Travelling allowances and expenses are paid in accordance with the Department of Internal Affair’s Travel Policy.

Members travelling on Māori Advisory Group business, where they are required to be away from their normal places of residence, are entitled to reimbursement for out-of-pocket travelling, meal and accommodation expenses actually and reasonably incurred.

The expectation is that standards of travels, accommodation, meals and other expenses exercise prudence and appropriately reflect public sector norms.

The Trust Framework Authority will meet the costs of:

• travel to and from the hui
• travel costs such as airfares, taxis or petrol, where the sole purpose of the travel is to attend the hui
• accommodation, including any meals required
• catering costs for the day or days of the hui.

Members are required to respond to the TFA within 7 days of invitation to attend a hui to assist the Authority in making cost effective bookings.

In general, tickets once booked will not be changed unless a good reason is provided.

To ensure prompt payment, members should provide a completed timesheet, including receipts of any additional expenses, to the Secretariat at the conclusion of each hui.

Regularity of hui

A meeting schedule will be developed by the Group.

A forward agenda will be developed at the first meeting of each financial year.

Conflicts of Interest

Appointment to the Māori Advisory Group is predicated on the values and ethos of the New Zealand public service. Members must be aware of the importance of personal integrity and the need to declare conflicts of interest, whether actual, potential or perceived.

A conflict of interest arises when a prospective or existing member has a situation in which the concerns or aims of the individual and the Group are incompatible, or where a member is in a position to derive personal benefit from actions or decisions made in their official capacity.

A conflict of interest will not necessarily bar an appointment to the Group. However, a serious conflict of interest may mean a candidate is not suitable for appointment or should resign if the conflict arises during the course of appointment or while serving as a member of this group.

Where a conflict arises, the Chair must determine the appropriate action for mitigating the conflict, including excusing members from the relevant discussion or activity.