NCP New Zealand
This page provides information related to NCP New ZealandDirectly underneath, you find the scores of the NCP on the NCP Evaluation Project. The NCP is evaluated on the indicators with Yes, No or Partial/Not Applicable. The indicators are ordered per category. Only a few indicators per category are shown on this page. To see them all, click on “more…. indicators To see what indicator scores best among all NCPs go to the NCP Evaluation Overview. At the bottom, there is news related to the NCP.
Related complaints
In the OECD Watch Complaint Database you can find all the related complaints with NCP New Zealand
NCP considers only the six admissibility criteria set out in the Guidelines and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP considers only the six admissibility criteria set out in the Guidelines.
Source
Case-handling procedures, paragraph 3.4.1: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP assesses the issues raised even if mediation is declined by a party and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that it examines the issues raised if mediation is refused or does not result in an agreement. This may involve the NCP collecting further information from other relevant entities such as government departments, New Zealand diplomatic missions, business associations, NGOs, or other agencies, seeking informed independent advice, or conducting a field visit. The NCP then determines whether the company breached the Guidelines. Its determination is included in its final statement.
Source
Case-handling procedures, section 4.7: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP website shows case-handling procedures for complaint handling in national language(s) and English.
Evaluation
The New Zealand NCP has published its case-handling procedures in English. NB: The NCP has not published its case-handling procedures in M?ori, which is an official language of New Zealand. OECD Watch encourages the NCP to consider translating its resources into this additional language.
NCP does not allow companies to remain anonymous when a complaint is filed and/or has a commitment not to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that it only names the parties, including the company, unless and until it has accepted the issues in its initial assessment, or unless the parties agree to be named. This means that the NCP will not usually confirm or deny that a complaint has been filed until the initial assessment is published.
Source
Link to case-handling procedures, paragraphs 3.9.1:
https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP allows complainants to withhold their identity from the company for security reasons, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that in certain circumstances, for example, where there are risks to the complainant's personal safety and/or the threat or risk of reprisals, the NCP permits anonymous filing of complaints via a third party.
Source
Case-handling procedures, paragraph 2.8.5: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The New Zealand NCP provides a form for submitting complaints in English. NB: The NCP has not published complaint filing guidance in Maori, which is an official language of New Zealand. OECD Watch encourages the NCP to consider translating its resources into this additional language.
NCP follows the expected timeline for each stage of the complaint-handling procedure and communicates punctually with all complaint parties over the status of the complaint, including any reasonable delays, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that it follows the expected timeline and communicates with the parties if it is unable to meet deadlines, such as due to circumstances outside the NCP's control or requests by parties for additional time.
Source
Case-handling procedures, paragraph 2.2.1 to 2.2.6:
https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP website contains a permanent record of every complaint received by the NCP, including parties to the complaint, the issue(s) addressed, and the status of the complaint.
Evaluation
The New Zealand NCP's website contains a record of complaints received through a list of its final statements that include the relevant details, but this does not include ongoing complaints.
Source
Final statements for specific instances:
https://www.mbie.govt.nz/business-and-employment/business/trade-and-tariffs/oecd-guidelines-for-multi-national-enterprises
NCP prevents or addresses potential or perceived conflicts of interest of any person playing a role for the NCP in the complaint and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that any member of the NCP with a conflict of interest will not participate in the complaint process.
Source
Case-handling procedures, paragraph 3.1.3: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP recommends consequences from its government for companies that engage in bad faith in the proceedings or fail to implement agreements reached, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP does not recommend consequences from its government. However, at the conclusion of its follow-up, the NCP may draw instances of inappropriate conduct to the attention of other government agencies. Follow-up statements will also be shared with members of the NCP's Liason Group (comprised of government and non-government representatives) and relevant New Zealand government agencies.
Source
Case-handling procedures, paragraph 6.5 and 6.6: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP clarifies how it will engage with other NCPs in relation to the handling of complaints, including explaining when complaints may be jointly handled or transferred to other NCPs.
Evaluation
The New Zealand NCP states that the NCP may transfer a case to another NCP during the initial assessment stage if it is not the appropriate NCP to handle the complaint. It may also work with another NCP throughout a case, with one NCP leading and the other supporting, and the lead NCP's procedures applying to the complaint. The NCP will offer meetings with the parties to explain the NCP process and answer any questions.
Source
Case-handling procedures, paragraphs 3.1.7-3.1.9: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP makes determinations in its final statements when no agreement is reached explaining how the company has (not) observed specific provisions of the Guidelines, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that when no agreement is reached, its final statement will include a clear determination on whether the company breached the Guidelines. Its statement may also include examples of responsible business conduct by the company.
Source
Case-handling procedures, section 5.1: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP ensures a low threshold to assess whether the issue is material and substantiated and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that it interprets 'material and substantiated' to mean that the issues are plausible and related to the application of the Guidelines, and that there is a plausible link between the Enterprise's activities and the issues raised.
Source
Case-handling procedures, paragraph 3.4.2: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP ensures it has access to and, where relevant, uses investigative resources and broad external subject-matter expertise to support its complaint handling functions, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that it may seek advice from another NCP, the OECD Secretariat, or other subject matter experts to prepare its final statement. When the NCP conducts an examination, this may involve the NCP collecting further information from other relevant entities such as government departments, New Zealand diplomatic missions, business associations, NGOs, or other agencies, seeking informed independent advice, or conducting a field visit.
Source
Case-handling procedures, paragraph 4.7.4, 4.7.6 and 5.1.2: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP always engages in follow-up and publishes follow-up statements where relevant, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that it engages in follow-up and publishes follow-up statements where the final statement includes agreements between the parties. Depending on the parties' responses to the NCP's follow-up, an additional follow-up period may be recommended if useful. However, the NCP has not published any follow-up statements on its website.
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The New Zealand NCP does not state that it will play a guiding role in mediation.
NCP accepts complaints in national language(s) and English and covers the cost of translation of key filings and statements and interpretation during mediation, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP does not clarify which languages it accepts complaints in, or whether it covers the cost of translation and intepretation. However, in past cases the NCP has accepted complaints in English. The NCP states that it, and the mediator, will "sensitively manage barriers", including those related to 'the Treaty relationship of the Crown with M?ori and other Indigenous Peoples' taonga; language and literacy; cultural constraints; and difficulty accessing equal representation', and if the complainant requires assistance, the NCP will seek to provide reasonable arrangements to ensure accessibility for the duration of the case, including translation services.
Source
Case-handling procedures, paragraphs 2.3.2, 2.6.1: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP holds mediation in the most accessible manner for complainants and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that the NCP and mediator will take reasonable steps to ensure that mediation is accessible to the complainants, which may include utilising technology, translation services, and engagement by the NZ government's overseas missions.
Source
Case-handling procedures, paragraph 4.1.9: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP works to accept complaints despite parallel proceedings and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP accepts complaints despite parallel proceedings. It states that it will assess whether its involvement could positively contribute to resolving the issues and supporting the implementation of the Guidelines, but not whether it may cause serious harm to any party involved in other proceedings. The NCP does not explain how it will work to accept complaints despite parallel proceedings, such as by partially accepting or temporarily suspending a complaint while other proceedings are ongoing, nor does it commit to consult with parties or the parallel grievance mechanism in question.
Source
Case-handling procedures, paragraph 3.1.13 and 3.4.1.5: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The New Zealand NCP does not provide an external review process.
NCP consults parties on and publishes a final statement that includes the basic information required after the case reaches that stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that it consults parties on and publishes its final statement, which includes the basic information required.
NCP website shows the initial assessment for every complaint received which is published after the initial assessment stage is concluded, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that its initial assessment will be published on its website. In the past, the NCP has not published its initial assessments, however there have been no recent complaints to indicate its current practice.
Source
Case-handling procedures, paragraph 3.8.3: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP makes recommendations in its final statements on specific company action needed to support remediation of past harm and/or observe the Guidelines in future, and/or the NCP has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that its final statement will include, where appropriate, any recommendations to improve observance of the Guidelines.
Source
Case-handling procedures, paragraph 5.1.1.6: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP proclaims zero tolerance for reprisals against the NCP and implements measures to respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that reprisals are covered under an internal "Threat and Intimidation Response Procedure' which sets out the procedure where NCP staff faces threats and intimidation. However the procedure is not publicly available. The the Ministry of Business, Innovation and Employment, of which the NCP are staff members, publicly reports on health and safety incidents but does not specify which relates to NCP reprisals.
Source
Annual report 2019/2020: https://www.mbie.govt.nz/about/who-we-are/corporate-publications/annual-reports/annual-report-2019-20/our-organisation
NCP proclaims zero tolerance for reprisals against complainants and assesses and implements measures to prevent and respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP does not proclaim zero tolerance for reprisals against complainants. While the NCP states that it will seek to address potential safety risks for complainants and related parties across the NCP process and that 'notifiers should alert the NCP of any risks to personal safety or reprisal that they are aware of', it does not elaborate on its measures to prevent and respond to (risks of) reprisals.
Source
Case-handling procedures, paragraph 2.3.3, 2.8.5: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP supports transparency between the parties in the complaint process generally, including by the sharing of all relevant facts and arguments brought forward by each party during the proceedings with other parties, requiring confidentiality only over the personal identities of parties for security/privacy reasons or legitimately sensitive business information, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that it shares all information provided to it by one party with the other parties in the complaint, unless a good case is made that specific information should not be shared, for example, due to legal restrictions or personal safety concerns. It states that its "baseline presumption and objective is procedural transparency".
Source
Case-handling procedures, paragraph 2.8.1:
https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP supports transparency during the complaint process by allowing complainants to publish their own complaint and communicate about the stages of the process. The NCP requires confidentiality only over the personal identities of parties for security/privacy reasons, legitimately sensitive business information, and documents shared and discussions had during the mediation stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The New Zealand NCP states that its "baseline presumption and objective is procedural transparency". However, it does not state whether it ensures transparency towards the public, including by allowing complainants to publish their own complaint and communicate about the stages of the process. The NCP states that it only allows for confidentiality over the listed items. The NCP states that the parties may only communicate publicly about the complaint once the final statement has been published. It is unclear if this extends to all public communications generally about the complaint (with the exception of the listed items that should remain confidential). There are no recent complaints to indicate the NCP's practice.
Source
Case-handling procedures, paragraph 2.8.1, 3.9.1 and 5.3.1: https://www.mbie.govt.nz/dmsdocument/27852-new-zealand-national-contact-point-procedures-for-dealing-with-complaints-brought-under-the-oecd-guidelines-for-multinational-enterprises-pdf
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The New Zealand NCP has no dedicated budget.
Source
Annual Report 2023, question 12
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The New Zealand NCP does not have an independent expert structure; it has a single agency structure.
Source
Annual Report 2023, question 1
NCP is not housed within a ministry focused on economics, trade, or investment to limit risk of real or perceived conflict of interest.
Evaluation
The New Zealand NCP is housed within the Ministry of Business, Innovation and Employment.
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The New Zealand NCP is overseen by a senior official, the Manager of the Trade and Supply Chains team in the Ministry of Business, Innovation and Employment, Mr. Sebastian Doelle.
Source
Correspondence with the NCP
NCP employs two or more full-time staff that hold permanent (non-rotating and not short-term) positions.
Evaluation
The New Zealand NCP does not employ any full-time staff, but employs two part-time staff that each spend 30% of their time on NCP work.
Source
Report on the OECD Peer Review by the New Zealand NCP at the Working Party on Responsible Business Conduct in June 2024.
NCP has a multi-stakeholder advisory body involving all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses). The advisory body is meaningfully consulted by the NCP on its promotional and complaint-handling activities at least 2 times a year.
Evaluation
The New Zealand NCP has an advisory body ('Liason Group'), but the body is largely composed of government departments, plus a small number of business, trade union, and academic representatives. The body has no NGO members. It meets at least twice per year and is consulted on the NCP's promotional and complaint-handling activities.
Source
Liason Group’s members: https://www.mbie.govt.nz/business-and-employment/business/trade-and-tariffs/oecd-guidelines-for-multi-national-enterprises/terms-of-reference-new-zealands-national-contact-point-liaison-group
2023 Annual Report, question 6
Terms of Reference for Liaison Group: https://www.mbie.govt.nz/business-and-employment/business/trade-and-tariffs/oecd-guidelines-for-multi-national-enterprises/terms-of-reference-new-zealands-national-contact-point-liaison-group
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The New Zealand NCP has an advisory body ('Liason Group'), but the body is largely composed of government departments, plus a small number of business, trade union, and academic representatives. The body has no NGO members. Its responsibilities include discussing the NCP's handling of a complaint, making recommendations on procedures, but the group does not make decisions on the substance of complaints.
Source
Liason Group members: https://www.mbie.govt.nz/business-and-employment/business/trade-and-tariffs/oecd-guidelines-for-multi-national-enterprises/terms-of-reference-new-zealands-national-contact-point-liaison-group
2023 Annual Report, question 6
Terms of Reference for Liaison Group: https://www.mbie.govt.nz/business-and-employment/business/trade-and-tariffs/oecd-guidelines-for-multi-national-enterprises/terms-of-reference-new-zealands-national-contact-point-liaison-group
NCP has a website that shows:
- Contact information for the NCP;
- Links to the Guidelines and translations of the Guidelines in national language(s) and English;
- Links to the OECD Due Diligence Guidance documents;
- A comprehensive description of the Guidelines, due diligence, and the dual mandate of the NCP in national language(s) and English; and
- The NCP’s most recent annual report to the OECD.
Evaluation
The New Zealand NCP has a website that shows: contact information (only email), information about and a link to the Guidelines, links to the OECD Due Diligence Guidance documents, information about the NCP's mandate, and the NCP's most recent annual report. NB: The NCP's website is not available in M?ori, which is an official language of New Zealand. OECD Watch encourages the NCP to consider translating its resources into this additional language.
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The New Zealand NCP has not promoted the Guidelines to civil society.
Source
Annual report 2023, question 26 & Annex, Table 1 & 2: https://www.mbie.govt.nz/dmsdocument/28033-national-contact-point-reporting-questionnaire-2023-pdf
NCPs annually promotes the Guidelines and due diligence guidance to its government.
Evaluation
The New Zealand NCP promoted the Guidelines to its government through its advisory body ('Liason Group') and attendance at one event in 2023.
Source
Annual Report 2023, question 49 – 50 & Annex, Table 1 & 2
NCP supports its government in developing, implementing, and fostering policies, programmes, and/or laws on responsible business conduct that are coherent with the Guidelines.
Evaluation
The New Zealand NCP has supported the development of the government's National Action Plan in the form of early planning work and developing options for government consideration. It further states that it has provided input into governmnet policies/strategies to strengthen alignment with the Guidelines.
Source
Annual report 2023; questions 51 – 59
Report on the OECD Peer Review by the New Zealand NCP at the Working Party on Responble Business Conduct in June 2024.