18145
13-Apr-20
1 of 9 level: credit: planned review date: sub-field: purpose:
PUBLIC SECTOR SERVICE DELIVERY
Plan, implement, and manage a public consultation process with prescribed terms of reference
6
20
July 2005
Public Sector Services
People credited with this unit standard are able to: identify and define objectives for the consultation process; identify and interpret the context of the consultation and evaluate consultation models; select and evaluate a consultation process; select and implement a communications strategy; determine the resource requirements of the consultation process; implement the consultation process; and evaluate and report on the consultation process. entry information: Recommended: Unit 9683, Apply knowledge of group processes in a specified situation.
accreditation option: moderation option:
Evaluation of documentation and visit by NZQA and industry.
A centrally established and directed national moderation system has been set up by The Skills Organisation. special notes: 1 Prescribed terms of reference
This unit standard deals with a consultation process with prescribed terms of reference. The consultation process design may or may not be prescribed.
Unit 18146, Plan, implement, and manage a public consultation process without prescribed terms of reference deals with a consultation processes where the terms of reference and the consultation process design are not prescribed. Rather, there is an emphasis on understanding the spirit of a document, interpretative opportunities, the participants defining their own terms of reference, and creating meaning for the participant group.
2 Consultation context
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PUBLIC SECTOR SERVICE DELIVERY
Plan, implement, and manage a public consultation process with prescribed terms of reference
The consultation context will relate to a consultation process initiated by a central or local government agency to meet:
Legislative or regulatory requirements or
A pragmatic or political imperative.
The process may also be within the context of a major protocol, treaty or agreement.
Protocol, treaty or agreement may include: the Treaty of
Waitangi, a trade agreement, a memorandum of understanding.
3 Performance of elements of this unit standard will require recognition of the need for consultation proces ses to be responsive to the needs of Māori in respect to the Treaty of Waitangi and its principles.
4 Public consultation
An authoritative statement of what consultation is in the
New Zealand context is found in the judgement of
McGechan J in Air New Zealand v Wellington
International Airport Ltd. (Unreported decision, High
Court, McGechan J, CP 403/91, Wellington Registry,
6 January 1992, 8).
To consult is not merely to tell or present. Nor, at the other extreme, is it to agree. Consultation does not necessarily involve negotiation toward an agreement, although the latter not uncommonly can follow, as the tendency in consultation is to seek at least consensus.
Consultation is an intermediate situation involving meaningful discussion.
And citing his own statement in West Coast United
Council v Prebble:
Consulting involves the statement of a proposal not yet finally decided upon, listening to what others have to say, considering their responses and then deciding what will be done. (1988) 12, New Zealand Town
Planning Appeals (NZTPA) 399, 405.
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Plan, implement, and manage a public consultation process with prescribed terms of reference
Public consultation should be seen as sitting at the midpoint of a public involvement continuum, with public information/education at one end and self-determination at the other.
5 Principles of good practice in public consultation
There are many public consultation principles of good practice, and they continue to evolve. Principles currently include, but are not limited to:
observe the High Court dictum at all times;
ensure sufficient information, sufficient time, and genuine consultation;
draw up a communications strategy that ensures that people are aware of the consultation and the options being put forward for discussion, that people understand the role of the communication and people know how to get more information if they want it;
recognise that there are multiple interests in the community and actively seek their participation;
provide a variety of avenues for disseminating information and obtaining public comment;
provide neutral experts that can meet with and provide advice to citizens and interest groups at convenient locations and times;
monitor implementation of the consultation plan and be prepared to make adjustments;
if there are questions about the decision-makers impartiality appoint an independent panel to audit the process, hear complaints and advise on remedial action;
provide public feedback during the consultation process and a full report after completion that describes the decision taken, summarises the significant issues and requests raised during consultation and describes intended action to mitigate unavoidable adverse impacts.
6 Facilitation
Facilitation is the neutral guiding of a group process toward a common identified purpose using cooperative processes where:
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Plan, implement, and manage a public consultation process with prescribed terms of reference
there is a group(s) willing to cooperate together toward a common identified purpose;
there may or may not be a dispute(s); and
a neutral third party is used to provide process guidance towards the group meeting its purpose.
7 Consultation models
In determining appropriate consultation models and processes, candidates should consider the role of nongovernment organisations (NGOs) that may be stakeholders in the consultation process. Such groups may have their own consultation, representation and policy-making structures and requirements, which need to be accommodated within the wider consultation process.
8 Resources
New Zealand Audit Office. (1998) Report of the
Controller and Auditor-General on Public Consultation and Decision-making in Local Government. Wellington:
Audit Office.
Cox, Camilla M.S. and others. (1996) Office of the
Parliamentary Commissioner for the Environment.
Public Participation under the Resource Management
Act 1991: the Management of Conflict. Wellington:
Office of the Parliamentary Commissioner for the
Environment.
Simpson Grierson. ‘An Analysis of Statutory
Requirements and Relevant Case Law’.
Commissioned by the Office of the Auditor-General.
Available by writing to PO Box 3928, Wellington.
For consultation with Pacific Island People, candidates are recommended to consult the Ministry of Pacific
Island Affairs Consultation Guidelines contained in the
2 nd edition of the Pacific Analysis Framework , available from the Ministry of Pacific Island Affairs. Pacific
Analysis Framework, the Pacific Consultation
Guidelines: Analysing Public Policy Through Pacific
Lenses . (1999) Wellington: Ministry of Pacific Island
Affairs.
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Plan, implement, and manage a public consultation process with prescribed terms of reference
9 Candidates may also wish to consider the following unit standards relevant to this topic: Unit 16219, Develop
M āori consultation and networking processes to assist public sector service delivery and Unit 16210, Develop
Māori consultation processes for the development of public policy advice .
Elements and Performance Criteria element 1
Identify and define objectives for the consultation process. performance criteria
1.1 The objectives defined for the consultation process meet the expectations of the organisation and the prescribed terms of reference.
1.2 The objectives defined for the consultation process meet the expectations of the target audience and/or stakeholder groups.
element 2
Identify and interpret the context of the consultation and evaluate consultation models. performance criteria
2.1 Organisational policies and procedures are identified and interpreted in terms of their impact on consultation.
2.2 Protocols, treaties, legislation, political agreements, and/or organisational agreements are identified and their requirements interpreted in terms of their impact on consultation.
2.3 The prescribed terms of reference, pragmatic and/or ethical reasons for consultation are identified and interpreted.
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Plan, implement, and manage a public consultation process with prescribed terms of reference
2.4 Identification of target audience and/or stakeholder groups reflects the needs and expectations of the organisation.
2.5 Consultation models are identified.
Range: at least two models that meet prescribed terms of reference.
2.6 element 3
Effectiveness of consultation models are evaluated in terms of achieving the defined objectives and meeting the needs and expectations of the organisation, target audience and/or stakeholder groups.
Select and evaluate a consultation process.
Range: one process that meets the prescribed terms of reference. performance criteria
3.1 Consultation process selected meets the needs and expectations of the organisation and the target audience and/or stakeholder group.
3.2 Consultation design meets the needs and expectations of both the organisation and target audience and/or stakeholder groups.
Range: consultation design may include but is not limited to - informing or educating (communicating), gathering information or views
(listening), discussing or involving (partnership), facilitating
(empowering).
3.3 Consultation process identifies an information gathering and sharing process that meets the needs of the organisation and the target audience and/or stakeholder groups.
3.4 Consultation process is agreed to by the organisation and target audience and/or stakeholder groups.
3.5 Effectiveness of consultation process is evaluated in terms of achieving the defined objectives and meeting the needs and expectations of the organisation, target audience and/or stakeholder groups.
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Plan, implement, and manage a public consultation process with prescribed terms of reference element 4
Select and implement a communications strategy. performance criteria
4.1 Communications strategy is appropriate to each target audience and/or stakeholder group.
4.2 Communications strategy identifies the expected response from each target audience and/or stakeholder group.
4.3 element 5
Communications strategy is produced according to organisational requirements.
Determine the resource requirements of the consultation process. performance criteria
5.1
5.2
Available resources are identified.
Project timeframes and costs are determined and within available resources. element 6
Implement the consultation process. performance criteria
6.1 Consultation process is implemented within the framework of consultation policy and practice of the organisation.
6.2 Consultation process is implemented in a way that meets the needs and expectations of the organisation and target audience and/or stakeholder groups.
6.3 Facilitation processes used as part of implementation are identified and explained.
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Plan, implement, and manage a public consultation process with prescribed terms of reference
6.4 Consultation process allows for variations to the selected process without compromise to overall integrity.
Range: variations may include but are not limited to - questions, issues and/or objections that were not identified as potentially arising in the communications strategy.
6.5 Participative processes used as part of implementation meet the needs of the organisation and of the target audience and/or stakeholder groups. element 7
Evaluate and report on the consultation process. performance criteria
Evaluation and report reflect the recorded experience of the participants. 7.1
7.2 Evaluation and report meet the needs of the organisation and the target audience and/or stakeholder groups.
7.3 Report evaluates the effectiveness of the consultation process in achieving the defined objectives and meeting the prescribed terms of reference for the consultation.
7.4 Report evaluates the consultation process against principles of good practice in public consultation.
Comments on this unit standard
Please contact The Skills Organisation at info@skills.org.nz if you wish to suggest changes to the content of this unit standard.
Please Note
Providers must be accredited by the Qualifications Authority or a delegated interinstitutional body before they can register credits from assessment against unit standards or deliver courses of study leading to that assessment.
Industry Training Organisations must be accredited by the Qualifications Authority before they can register credits from assessment against unit standards.
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PUBLIC SECTOR SERVICE DELIVERY
Plan, implement, and manage a public consultation process with prescribed terms of reference
Accredited providers and Industry Training Organisations assessing against unit standards must engage with the moderation system that applies to those standards.
Accreditation requirements and an outline of the moderation system that applies to this standard are outlined in the Accreditation and Moderation Action Plan (AMAP). The
AMAP also includes useful information about special requirements for providers wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements.
This unit standard is covered by AMAP 0121 which can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
New Zealand Qualifications Authority 2020