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Conflict of Interest Policy

Section
Otago Polytechnic Council
To be read in conjunction with

The relevant Otago Polytechnic policies, procedures and guidelines and the New Zealand Institute of Skills and Technology (NZIST) policies, procedures and guidelines as per the Otago Polytechnic Transitioning (Grandparenting) From NZIST Policy.

Approval Date
18 December 2025
Approved By
Otago Polytechnic Council
Next Review
18 December 2027
Responsibility
Otago Polytechnic Council
Pastoral Care Code Outcomes
Not applicable
Audience and Scope

1.1. Otago Polytechnic policies and procedures are guided by and give effect to Te Tiriti ō Waitangi and honour our obligations as a Tiriti partner. 

1.2 This is a policy of Otago Polytechnic and applies to: 

a) all employees of Otago Polytechnic including contracted staff, and consultants providing services for Otago Polytechnic, and those on fixed-term contracts (collectively referred to as kaimahi in this Policy); and  

b) where appropriate, Council, which extends to all those operating at a governance level, including Council members and members of council’s advisory committees. 

Purpose

2.1. The purpose of this Policy is to set out the expectation that all conflicts of interest held by kaimahi and Council are identified, declared and managed responsibly, and comply with the legal, ethical and good practice expectations regarding the management of conflicts of interest expected of a public sector organisation. 

  2.2. In the course of work, kaimahi and Council make decisions on behalf of the public about how to spend public funds. To maintain public trust and confidence, we need to assure the public that kaimahi and Council are making those decisions: 

  • impartially 

  • in the public interest; and 

  • not to benefit their whanau, friends, business associates, aligned organisations nor themselves. 

  2.3. In addition to maintaining public trust, application of this Policy is to protect Otago Polytechnic from perceived, potential and/or actual conflicts of interest and legal, commercial, political, and/or reputational risk.   

Compliance

  • Privacy Act 2020  

Definitions

3. Definitions used within this policy

Abuse of Power: Abuse of power is where someone uses their position of power or authority in an unacceptable manner.   

Abuse of power can take various forms and may include, but is not limited to, grooming, manipulation, coercion, putting pressure on others to engage in conduct that they do not feel comfortable with.  

Close Personal Relationship: A close personal relationship is a non-intimate relationship but is of a nature where the connection goes beyond a casual acquaintance.   

Without limiting the types of relationships, examples include: 

  • relatives or close family friends 

  • a relationship of financial dependence 

  • sharing a domestic living arrangement (e.g. a flatting situation). 

Conflict of Interest: A conflict of interest is where the responsibilities you have as kaimahi or Council overlap with some other interest you have in your private life. 

That other interest could be a non-financial interest such as a relationship (whānau, friends, acquaintances), a financial interest (role in another organisation, or a business interest as a shareholder, partner, director or owner) or other personal commitments or responsibilities.  They may also include the interests of whānau or friends if those interests overlap with your own professional duties. 

 It is any situation where your independence, objectivity or impartiality could potentially be doubted or challenged, even if you have no intention of acting improperly. 

Conflict of Roles: A conflict of roles can arise in any situation where you are a decision-maker for two different organisations about the same matter.  

The question you need to consider is not so much whether your interests conflict, but whether the interests of the two organisations you represent do. 

Council: All those operating at a governance level, including Council members and members of Council’s advisory committees. 

Financial Conflict: A financial conflict of interest is any situation where you stand to gain or lose financially from a decision you are asked to make. 

Financial interest means anything of monetary value, including but not limited to: 

  • Salary or payment for services (for example: consulting fees and honoraria) 

  • Equity interests (for example shares, share options and other ownership interests) 

  • Gifts 

  • Allowances, forgiveness of debts, interests in real estate, or personal property, dividends, rents, capital gains; and 

  • Intellectual property rights (for example: patents, copyright, and royalties from these rights).  

Intimate Relationship:  An intimate relationship is a consensual romantic or sexual relationship.  

An intimate relationship could be brief and includes a one-off or sporadic occurrence. 

Non-financial Conflict: A non-financial conflict of interest is any situation where you are not affected financially by a decision but are affected in some other way that might make you biased or appear to be biased.  

 A non-financial conflict of interest might arise, for example, from a whānau relationship, friendship, or any other sort of personal relationship, or if you are involved with another organisation outside of Otago Polytechnic. 

Policy Principles

4.1. All kaimahi and Council have a professional responsibility to act in a fair and impartial manner in all employment dealings, perform their duties honestly and impartially, and avoid situations which may compromise their professional integrity or lead to conflicts of interest. 

4.2. Kaimahi and Council are in a position of trust.  Accordingly, particular attention needs to be paid to relationships where there is an imbalance of power (which may lead to an abuse of power), intimate and close personal relationships, or the potential for impact on ākonga or less senior kaimahi or Council. 

4.3. Kaimahi and Council should not participate in processes related to academic progress, assessment, recruitment, selection, promotion, performance appraisal, termination or transfer of any person with whom they have, or have had, a close personal relationship.  

4.4. Kaimahi and Council enrolled as ākonga have an additional responsibility to model the highest professional conduct as conflicts of interest, or perceptions of conflict, can be common in these situations. Kaimahi and Council enrolled as ākonga must not use their position as a kaimahi or Council (whichever applies) in any way to gain advantage. 

4.5. Where possible conflicts of interest should be avoided; this includes entering into an intimate relationship or a close personal relationship with other Council members, kaimahi, ākonga or stakeholders, particularly where such a relationship might influence their judgement or ability to make impartial or objective decisions. 

 4.6. As part of good public conduct, all decisions made relating to conflicts of interest should be made with a spirit of:  

  • integrity 

  • impartiality 

  • accountability 

  • trustworthiness 

  • respect  

  • Responsiveness. 

What is a Conflict of Interest? 

4.7. A conflict of interest (as more fully described in the Definitions – Section 3 above) can be: 

a) Actual - A conflict exists now between official duties and personal interests or responsibilities 

b) Potential - A conflict could happen or is about to happen 

c) Perceived - A situation where other people might reasonably think a conflict exists 

 4.8. Otago Polytechnic recognises that conflicts of interest will arise from time to time.  Proper disclosure and management of conflicts enable Otago Polytechnic and kaimahi  and Council to remain safe.  

Disclosure of Conflicts of Interest  

4.9. Otago Polytechnic expects: 

a)  All kaimahi who hold a conflict of interest to declare that upon commencement of employment with Otago Polytechnic or as soon as it arises and in accordance with the Conflict of Interest Procedures (attached below).   

b) All Council members who hold a conflict of interest are expected to declare that upon commencement of their role with Otago Polytechnic or as soon as it arises and in accordance with the Conflict of Interest Procedures (attached below).  

c) Where a kaimahi or Council is unsure whether something constitutes a conflict of interest, in the interests of transparency they should disclose the potential conflict of interest. 

4.10. Otago Polytechnic expects Formal Leaders to remain alert to situations which may create a conflict of interest for kaimahi and ensure that the situation is recognised and handled in accordance with this Policy and its associated Procedures. 

4.11. Otago Polytechnic expects Council to remain alert to situations which may create a conflict of interest and ensure that the situation is recognised and handled in accordance with this Policy and its associated Procedures. 

4.12. Where conflicts of interest are disclosed Otago Polytechnic will consider the appropriate actions to take in consideration of the principles in 4.3.  and accordance with the Conflict of Interest Procedures.   

4.13. Otago Polytechnic acknowledges that declarations may involve disclosing personal information.  Any information of this nature will be held in line with the Privacy Act 2020 so far as the law allows.  

Management of Conflicts of Interest 

4.14. Conflict of interest situations will be dealt with as soon as reasonably practicable after they are identified. 

4.15. Decisions on how to manage a conflict of interest are made in accordance with Conflict of Interest Procedure on behalf of Otago Polytechnic: 

a) for kaimahi, the Formal Leader of kaimahi who holds the interest in consultation with People and Culture, as appropriate; and 

b) for Council, where the person holding the interest is a Council member, the Council or, where the person holding the interest is a member of an advisory committee, the advisory committee. 

4.16. Otago Polytechnic will implement strategies and monitoring procedures for managing a conflict of interest. Kaimahi and Council are required to comply with any such procedures. 

Breaches of Policy 

4.17.  Kaimahi and Council are encouraged to report any breaches of this policy to their Formal Leader or Chairperson of Council (as applicable).  Kaimahi and Council may alternatively report a breach of this policy in accordance with the Protected Disclosures (Whistleblowing) Policy.  

4.18. Breaches of this Policy by kaimahi, including failure to declare a conflict of interest, may result in disciplinary action up to and including dismissal, and, in the case of contractors, termination of the contract and/or legal action being taken by Otago Polytechnic. 

Responsibilities

5. Responsibilities of 

Kaimahi:  

  • Declare any conflicts of interest in accordance with this Policy and its related Procedures. 

  • Be alert to any situations where any conflict of interest could exist and declare any further conflicts of interest as soon as they arise. 

  • Where necessary, work alongside their Formal Leader to manage a conflict of interest. 

  • Comply with any plans, mitigations or strategies to manage conflicts of interest as directed by their Formal Leader. 

Formal Leaders: 

  • Promote awareness and understanding of the Conflict of Interest Policy and Procedures within their teams. 

  • Ensure their direct reports complete declarations of conflicts of interest in accordance with this Policy and its related Procedures. 

  • Remain alert to situations where kaimahi that they manage or supervise may have a conflict of interest and ensure that the situation is recognised and managed appropriately. 

  • Assess all conflicts of interest in accordance with the Conflict of Interests Procedures to determine whether further action is necessary to manage the conflict. 

  • Where necessary, work with the kaimahi concerned to develop a plan to manage the conflict of interest in consultation with People and Culture. 

  • Ensure all conflicts of interests held by kaimahi under their management are recorded in the Conflict of Interests Register, along with notes relating to assessment and decisions to take (or not take) further action to manage conflicts of interest.  

People and Culture: 

  • Support Formal Leaders in managing conflicts of interest for kaimahi. 

  • Maintain the kaimahi Conflict of Interests Register 

 Council: 

  • Declare any actual or potential conflicts of interest in accordance with this Policy and its related Procedures. 

  • Be alert to any situations where any conflict of interest could exist and declare any further conflicts of interest as soon as they arise. 

  • Where necessary, work alongside Council members or committee members (as applicable) to manage a conflict of interest. 

  • Comply with any plans, mitigations or strategies to manage conflicts of interest as determined by their fellow Council members or committee members (as applicable). 

Appendix 1 - Conflict of Interest Procedure

Conflict of Interest Procedure (click to download) 

Appendix 2. Conflict of Interest Declaration Forms - under development

Conflict of Interest Form - Kaimahi (click to download)

Conflict of Interest Form - Council Members (click to download)

References

  • Code of Conduct 

  • Protected Disclosures (Whistleblowing) Policy and Procedures 

  • Privacy Policy and Procedures 

Approved

John Gallaher (Chairperson) 
Otago Polytechnic Council 
Date 18 December 2025