'Not something I would do': Health NZ commissioner weighs in on NDA use

Health New Zealand Commissioner Lester Levy has distanced himself from the agency's use of non-disclosure agreements (NDAs) for senior staff, stating that he would not personally request such agreements.

Levy's remarks come after Health NZ faced scrutiny over its use of NDAs, with 67 staff reportedly having signed them since June, The New Zealand Herald reported.

Speaking at a parliamentary select committee on Wednesday, Levy responded to questions about the use of NDAs by Te Whatu Ora, the national health agency he oversees.

Although the agency's CEO, Margie Apa, defended the practice, Levy made his stance clear: "I have made my position clear, it is not something I would do."

'Normal' use of NDAs

Apa had earlier described the NDAs as "normal" for the organisation, particularly in cases involving senior managers working on budgets.

She explained that the agreements were intended to facilitate open discussions without concerns over confidentiality breaches.

"I did ask for NDAs among senior managers who were involved in budgets. Again, that's not unusual," Apa stated as quoted by The New Zealand Herald.

She added that the organisation is still reviewing its NDA policy to ensure it aligns with the goal of fostering open exchanges of ideas.

Despite Apa's defence, Levy maintained that he had no prior knowledge of the NDAs when he first took on the commissioner role.

"I do not request anyone to sign an NDA and I don't intend to," he reiterated as quoted by The Herald.

He also noted that Apa is currently reviewing the agency's use of the agreements, stating, "Margie is thinking about it. We will talk about it and we will come to a conclusion."

Criticism from Labour Party

The use of NDAs has sparked political concern, particularly among Labour Party members, who view the practice as potentially obstructing transparency at a time when the agency is tasked with addressing a significant budget shortfall.

Ayesha Verrall, Labour's former health minister, criticised the NDAs as "highly unusual" and likened them to practices seen in North Korea, according to The Herald report.

Verrall said the agreements may be used to prevent discussions about potential budget cuts and called for their removal.

"Every government department in New Zealand writes a budget and none of them have this level of non-disclosure agreements," she said.