NZEI says PSC’s social media ads for 23 October ‘Day of Action’ breached neutrality rules

Please attribute this statement to Ripeka Lessels, President of NZEI Te Riu Roa

The Public Service Commission’s (PSC) OIA response regarding its paid social media advertising campaign for the 23 October ‘Day of Action’ raises questions about the agency’s political neutrality and its use of public resources.

In its response, the PSC claims “there was no PM or Ministerial directive on this” (p.9) but email trails show close coordination with the PMO (PM’s Office) and the office of the Minister for the Public Service, Judith Collins, regarding messaging – extending beyond the “no surprises” convention that government agencies uphold for ministerial offices.

For example, the OIA response includes “internal messages: seeking edits to tile following factual clarification sought from Minister’s office” (p.41). Email trails and text messages record how a live (i.e. published) Facebook advert had to be revised twice following feedback from the office of Minister Collins (p.82-83, 87-88). All these point to direct Ministerial involvement in PSC communications, down to operational, day-to-day decisions relating to this social media campaign.

The OIA response also records that Prime Minister Christopher Luxon was present at a meeting where the PSC’s communications strategy for the 23 October ‘Day of Action’ and the use of social media for this campaign were discussed.

Another significant point is the PSC’s on-the-record admission that there are lessons it could learn from the process it followed (p.1). It states that the Public Service Commissioner has decided to commission an external review, and the Auditor-General has said he expects that review to be comprehensive, robust, and transparent.

NZEI is raising serious concerns regarding the implications of this campaign for political neutrality during active bargaining. We specifically question the use of public resources – including taxpayer funds, FTE time across several government agencies, and advice from the PSC’s legal and integrity units – to support this campaign. This includes a proposed spend of up to $10,000 for boosted social media posts and a coordinated campaign across the PSC, the Ministries of Education and Health, and Fire and Emergency New Zealand.

The PSC’s paid social media campaign also breached the Cabinet Manual, which establishes the distinct boundaries between Ministers and public service agencies when communicating with the public about policies. As noted in the manual, while Ministers are responsible for defending, promoting, and justifying policy, the role of public service agencies is to advise, inform, and explain (p.32). By crossing this line, the PSC campaign compromised the required neutrality of the public service.

NZEI maintains that the PSC must operate independently, not serve as the Executive’s in-house communications arm during active bargaining – particularly when messaging is used to influence public sentiment against unions. Despite its mandate to act as the guardian of political neutrality, the PSC’s paid social media campaign (18-22 October 2025) contravened this principle and breached the Guidelines for Government Advertising.

ENDS