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Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 8h

• Ignore our domestic and international human rights obligations
• Cripple public service effectiveness
• Completely throw Te Tiriti o Waitangi out the window.
25. So what would Eddie Jones say about this bill (LBS had rules about confidentiality, so I can’t
repeat verbatim) – but based on what he has publicly said many times–he would say it’s a
losing formula. His approach to building high-performance teams was categorically
diverse, because there are always high-performing individuals available, but making them
into a team is the hard part. He also consistently emphasises the importance of authenticity
and psychological safety in his comments – DEI is critical to enabling these. His comments
on psychological safety also mirror Google’s breaking work on what makes effective teams
and organisations. Paul McGinley also emphasised the importance of psychological safety
for teams – and he famously built an amazing team to win the Ryder Cup.
26. So, honourable committee members, I contend that DEI is the winning formula for both
rugby teams and the public service.
27. Thank you for listening to me and tolerating my diversions but LBS did really make quite the
progressive impression on me, and I hope I have persuaded the committee that removing
the current DEI provisions is an absolute folly, and you must recommend those clauses of
the bill be completely expunged before this bill goes to its next reading.

Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 8h

Here are my prepared remarks - I won't speak to all of my content as it's slightly too long.

The eagle-eyed amongst you will see that Rights Aotearoa has updated its house font from Helvetica Neue to Helvetica Now.

Kia ora koutou katoa Ms Belich and honourable committee members,
1. I am Paul Thistoll, CEO of Rights Aotearoa. I appear before you today to deliver what I hope
will be the most important testimony you hear on this Bill. I contend I am uniquely qualified
to comment on this proposed legislation because I am both a human rights professional
and the holder of a Master’s degree in business strategy, organisational science, and
leadership from LBS - London Business School. This proposed legislation engages issues
at the intersection of human rights and organisational strategy.
2. I am very proud of having been accepted into LBS, it was an extremely competitive entry
process and completing the full-time taught degree onsite in London for a year was one of
the most intense work periods of my life. I attended intimate talks from dozens of leaders
and a few sports coaches – two I remember vividly were Paul McGinley – the European
Ryder Cup captain and Eddie Jones on how to build high-performing teams.
3. But now I sit before you, back in Aotearoa, a kiwi commenting on a proposed Bill which — in
my opinion — represents one of the most catastrophically evidence-defying pieces of
legislation ever proposed in New Zealand's history. I do not make this statement lightly. I
make it based on decades of world-leading organisational research that this Bill
completely ignores.
So let’s crack into it.
4. The first and overarching reason that we should reject the Diversity, equity and
inclusions (DEI)-destroying provisions of this bill is that they are based on an entirely
false Premise.
5. The Bill's proponents claim diversity undermines merit. This is demonstrably, empirically,
categorically false. I will now present extremely strong evidence from London Business
School - one of the world's premier business research institutions - that demonstrates the
exact opposite.
6. Professor Herminia Ibarra's Research: The Architecture of Exclusion: Professor Herminia

organisations don't achieve merit-based selection. They achieve homogeneity through
unconscious exclusion. Old white men exclude minorities unconsciously through patterns
of behaviour.
7. Consider her findings:
• Senior leaders unconsciously sponsor protégés who remind them of
themselves
• Women receive 75% fewer high-visibility assignments critical for
advancement
• Performance criteria systematically favour stereotypically masculine traits
• Without structured DEI interventions, informal networks exclude diverse
talent
This isn't ideology. This is peer-reviewed, longitudinal research across thousands of
organisations.
8. Ibarra's concept of the "authenticity paradox" is particularly damning for this Bill. When
marginalised people are told to "just be yourself" in workplaces designed for others, they
face an impossible choice: conform and lose their identity, or remain authentic and be
excluded. DEI frameworks resolve this paradox by broadening what leadership looks like.
9. Removing these frameworks doesn't enhance merit - it restores the old boys' network.
We end up with a public sector that looks like the Vienna Philharmonic – not the New
York Phil. (Famously, the New York-based orchestra much more closely resembles the
output of global and American music schools, whilst the Vienna-based orchestra looks
more like our PM.)
10. Professor Ioannis Ioannou's Research: The Performance Imperative: Now let me present
Professor Ioannou's groundbreaking research on organisational performance. His 18-year
longitudinal study, published in Management Science, tracked companies that adopted
comprehensive ESG principles - of which DEI is a critical component.
11. The results:
• High Sustainability companies showed 4.8% higher annual returns
• Superior return on assets and equity
• Better operational efficiency
• Greater resilience during economic downturns
Let me be crystal clear: organisations with strong DEI frameworks financially
outperform those without them.

This isn't correlation. Ioannou's research establishes causation through sophisticated
econometric analysis. Companies in the top quartile for diversity show 36% higher
profitability. While public service doesn't measure profit, equivalent gains in efficiency and
effectiveness would transform government performance.
13. The Bill's proposal to eliminate DEI is equivalent to a high-performing company suddenly
abandoning its winning strategy. In the private sector, this would be considered managerial
malpractice. Directors would be sued for breach of fiduciary duty.
--------- (keep 14 and 15 unread and in reserve)
14. ADDITIONAL EVIDENCE (Can refer to in questions)The McKinsey Evidence: McKinsey's
2023 "Diversity Matters Even More" report analysed 1,265 companies across 23 countries.
Companies with gender-diverse executive teams were 39% more likely to outperform. For
ethnic diversity, it's 36%. The penalty for homogeneity is growing every year.
15. The Harvard Business Review Meta-Analysis: Thirty years of leadership research
confirms:
• Diverse teams make better decisions 87% of the time
• Inclusive cultures show 39% lower turnover
• 22% higher productivity
• 17% better team performance
This is not one study. This is the convergence of thousands of studies across millions of
data points.
------------
16. International Disasters We're About to Repeat: Committee members, we have real-time
evidence of what happens when governments eliminate DEI:
a. United States Federal Government, 2025:
• 23% resignation rate among employees of colour within three
months
• 78% of terminated DEI positions were women of colour
• Service delivery failures spiked 34%
• Constitutional crises and ongoing litigation
These aren't projections. This is happening right now. And you want to import this kind of
disaster to New Zealand?
17. The New Zealand Context: This Bill would:
• Breach our Te Tiriti obligations requiring active protection of Māori interests

Violate international human rights treaties we've ratified, including CEDAW and
ICCPR
• Potentially trigger mass resignations costing hundreds of millions
• Create legal chaos and years of litigation
• Destroy public service capability for a generation
(The only government department in favour of this bill will be Crown Law, as they will be in
demand managing legal actions against it).
18. I would conservatively estimate the economic cost of this bill to be over 4 billion over the
first 5 years of implementation. That's billion with a B. How did I get this number? After
subtracting direct transfers (like welfare/superann) and costs of debt financing, the total
public sector OPEX spend is about 89 billion NZD a year. So imagine we lose just 2 per cent
of productivity and efficiency on that number, and we have 3 per cent more staff turnover.
19. (Extra detail for questions) That includes actual costs, and lost productivity, employee
turnover, and efficiency losses and performance and organisational effectiveness hits.
That's $250-500 million annually in turnover costs, $500 million in productivity losses, plus
litigation and service delivery failures.
20. As well as being qualified in business, I am a human rights professional and in terms of
human rights, I tautoko the Human Rights Commission’s excellent written and oral
submissions. This bill is both an organisational disaster area and a human rights nightmare. I
am focussing on the organisational aspects for time reasons.
21. So to bring this all together – in conclusion: Honourable Committee members, we need to
acknowledge the Truth About Merit—true meritocracy cannot exist without mechanisms
to identify and eliminate bias. When you remove DEI frameworks, you don't get merit-based
selection. You get what Professor Ibarra calls "homophily" - people hiring people like
themselves.
22. The false choice between merit and diversity is a con. Excellence requires inclusion. Merit
demands diversity.

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Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 8h

You can also find the remarks here.

www.rightsaotearoa.nz/oral-submiss...

Oral Submission to the Governance and Administration Select Committee Against The Public Service Amendment Bill 2025

Rights Aotearoa - Paul Thistoll, CEO

www.rightsaotearoa.nz

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Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 8h

Wish me luck, team - I am appearing in front of the Governance and Administration Committee tomorrow at 8am to make my oral submission against the Public Service Amendment Bill.

Once again, it is a bill not grounded in evidence. DEI is crucial for avoiding bias in organisations.

Governance and Administration Subcommittee A

8.00am

-

1.45pm

Room 5, Parliament House

Public Service Amendment Bill

8.00am

-

9.00am

Rights Aotearoa

8.00am

-

8.10am

Paul Thistoll, CEO

Trust Democracy

8.10am

-

8.20am

Simon Right, Chair

Professor Jonathan Boston

8.20am

-

8.25am

Interested Citizens Group - Hamilton

8.25am

-

8.35am

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Rights Aotearoa @rightsaotearoa.bsky.social · 3d

🔽🔽🔽Emergency media release 🔽🔽🔽

The F&E select committee reported back yesterday.
98.7% of 166k submissions against the Regulatory Standards Bill.

But the Govt is going ahead.

"This is an attempted constitutional coup d'état by other means." - Paul Thistoll

www.rightsaotearoa.nz/media-releas...

Media Release: Rights Aotearoa calls for united Opposition commitment to repeal the Regulatory Standards Act in the first 30 days of any future left-wing coalition government, should the Bill become l...

The select committee's report, released yesterday, represents only cosmetic adjustments to legislation that remains fundamentally unconstitutional, anti-democratic, and catastrophically harmful to hum...

www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 5d

Are you subscribed to our mailing list? Please sign up to get a weekly newsletter and occasional other dispatches from the front lines of the defence of human rights.

Sign up using the link in this week's newsletter 🔽🔽🔽

www.rightsaotearoa.nz/rights-aotea...

Rights Aotearoa Newsletter #3

It's Been a Week

www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 7d

This bill is so badly worded at present, there is no way to know beforehand whether you are breaking the law. It's Kafka-esque.
It doesn't define 'near'. It's amateur hour.

www.rightsaotearoa.nz/media-releas...

Media Release: "Discomfort Is Not Harm": Rights Group Slams Bill That Would Jail Peaceful Protesters to Shield Politicians from Accountability

A Government bill that would see peaceful protesters jailed for up to three months represents a dangerous attack on democratic accountability and will disproportionately silence marginalised communiti...

www.rightsaotearoa.nz

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Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 15d

Small favour: sign up for the Rights Aotearoa mailing list at

👉 www.rightsaotearoa.nz

It’ll be our main communications channel in the future (besides BSky): a weekly Thursday newsletter + the occasional urgent human rights hot take.

No spam, NO YELLING, just substance.

Rights Aotearoa @rightsaotearoa.bsky.social · 16d

We were on Ghost.io before it was made fashionable by Farrier ;-)

We just sent out our first Ghost-hosted newsletter, though just now.

Please read and then sign up! :-)

www.rightsaotearoa.nz/rights-aotea...

Rights Aotearoa Weekly Newsletter #1

Welcome to our very first newsletter hosted on Ghost.io

www.rightsaotearoa.nz

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Reposted by Rights Aotearoa

Rights Aotearoa @rightsaotearoa.bsky.social · 20d

Rights Aotearoa has written to Dr Rainbow, urging the HRC, under his leadership, to publicly call on the Government to adopt the recommendations of the Ia Tangata report, and to do so by reference to New Zealand’s binding international human rights obligations.

www.rightsaotearoa.nz/letter-to-th...

Letter to the Chief Human Rights Commissioner re Ia Tangata

I respectfully write to urge the Commission, under your leadership, to publicly call on the Government to adopt the recommendations of the Law Commission’s Ia Tangata report, and to do so by reference...

www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 8d

www.rightsaotearoa.nz/media-releas...

Media Release: Rights Aotearoa welcomes Race Relations Commissioner Dr Melissa Derby’s comments that hate speech protections must extend to religious groups and LGBTQIA+ Communities

Rights Aotearoa welcomes Race Relations Commissioner Dr Melissa Derby’s comments on TVNZ's Q&A program yesterday.

www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 9d

Rights Aotearoa welcomes Melissa Derby's support for extending hate speech protections to include religious groups and the LGBTQIA+ community, as expressed in her appearance on TVNZ's Q+A this morning.
She explicitly said that the LGB included the 'T'
RA will issue a formal press release tomorrow.

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Rights Aotearoa @rightsaotearoa.bsky.social · 12d

"When someone argues that fewer trans people should exist, when they liken... healthcare to child abuse, when they advocate criminal penalties for doctors following...best practice —That is .... eliminationist rhetoric dressed up in the language of concern."
www.rightsaotearoa.nz/media-releas...

Media Release: Rights Aotearoa utterly condemns the Free Speech Union for bringing anti-transgender campaigner Helen Joyce to New Zealand

For immediate release 2 October 2025

www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 12d

We just sent out our second newsletter. Please share and sign up - our focus right now is on building up our newsletter subscriber base organically.

www.rightsaotearoa.nz/rights-aotea...

Rights Aotearoa Newsletter #2

Let's build a community around universal human rights

www.rightsaotearoa.nz

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Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 14d

(cont)

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Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 14d

This is my response to their provisional opinion.

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Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 14d

See below - a final decision from the Ombudsman that Brooke Van Velden can rely on professional legal privilege to redact the human rights analysis of the pay equity changes.

I gave it my all, team. Attached to the second post is my response to their provisional opinion.

Minister of Workplace Relations Request for human rights assessment of Equal Pay Amendment Bill
Thank you for your letter of 20 September in response to my provisional opinion.
I have now had an opportunity to consider your comments on the provisional opinion. However, having considered all the issues raised, I have now formed the final opinion that the Minister was entitled to withhold the information at issue under section 9(2)(h) of the Official Information Act 1982.
You have commented (among other things) that:
•
the public interest in the release of this information is ‘exceptional’ given:
-
the impact on many New Zealanders,
-
the engagement of fundamental non-discrimination rights
-
the expedited parliamentary process, which limited normal scrutiny
-
the ongoing ‘People’s Select Committee’ into pay equity matters
•
a summary of the information could be provided under section 16 of the OIA, with at the very least the conclusion of the advice being released
•
there is a ‘mandatory duty to sever non-privileged material’ under section 17 of the OIA. You have identified aspects that you consider would not be privileged material
•
the statutory immunity in section 48 of the OIA means that there would not be a ‘chilling effect’ from the release of this legal advice as the individuals would not have legal liability
•
the release of the Acting Attorney-General’s analysis of the rights impact of the Bill does not satisfy the public interest as this serves a different purpose to the human rights analysis in the Cabinet Paper.
I agree that there is a strong public interest in accountability of officials and transparency in the release of information relating to the human rights analysis of the Equal Pay Amendment Bill,

outweighs the interest under section 9(2)(h). Successive Ombudsmen have considered that there is a very high interest in maintaining legal professional privilege generally, and I see that there is a heightened interest in this case given the circumstances around the Bill. Ultimately, I consider that the scrutiny of the legislation and government decision-making that you highlight can still occur with the text of the legislation and other information released, and individuals are still able to form their own legal opinions about the human rights impact of the legislation and to challenge decisions in court. While I see that there is a strong public interest, I do not consider it sufficient to outweigh the interest in maintaining legal privilege.
In relation to your submission that the information be released either as a summary or with redactions, I do not consider these are relevant considerations in these circumstances. Both options would involve revealing the details of the legal advice and therefore would waive privilege in the information. Legal privilege extends to all the information at issue and therefore parts cannot be separated out in a way that maintains legal privilege. This includes the conclusions that the advice reached.
As set out in my provisional opinion, there is no information to suggest privilege has been waived. This opinion has included consideration of public comments that have been made and information released on the topic.
I also do not see the section 48 immunity as relevant in this case as that is dealing with lability resulting from the release of information, however the interest in maintaining legal privilege is about the ability to seek and receive confidential legal advice without the possibility of release. These are very different matters.
I have now concluded my investigation.

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Rights Aotearoa @rightsaotearoa.bsky.social · 16d

We were on Ghost.io before it was made fashionable by Farrier ;-)

We just sent out our first Ghost-hosted newsletter, though just now.

Please read and then sign up! :-)

www.rightsaotearoa.nz/rights-aotea...

Rights Aotearoa Weekly Newsletter #1

Welcome to our very first newsletter hosted on Ghost.io

www.rightsaotearoa.nz

2 7

Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 16d

Despite my industrial-strength ADHD, Rights Aotearoa will send out a newsletter each Thursday outlining our activities and key human rights news.

There will be the occasional extra email when important events require it, but we will not clog up your inbox!

Please sign up at www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 18d

📢 Stay informed. Take action.

Sign up to the Rights Aotearoa newsletter for your weekly Thursday briefing — plus urgent alerts when human rights news breaks.

👉 Join here: www.rightsaotearoa.nz

Rights Aotearoa

Rights Aotearoa is NZ's leading NGO focused on promoting and defending the universal human rights of all Kiwis.

www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 19d

Rights Aotearoa's Submission on the Draft Standard Code of Conduct for Local Government

www.rightsaotearoa.nz/rights-aotea...

Rights Aotearoa's Submission on the Draft Standard Code of Conduct for Local Government

1. Introduction and Overview 1.1. Rights Aotearoa welcomes the opportunity to provide feedback on the Draft Standard Code of Conduct (the Draft Code) for members of local authorities, local boards, a...

www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 20d

Rights Aotearoa has written to Dr Rainbow, urging the HRC, under his leadership, to publicly call on the Government to adopt the recommendations of the Ia Tangata report, and to do so by reference to New Zealand’s binding international human rights obligations.

www.rightsaotearoa.nz/letter-to-th...

Letter to the Chief Human Rights Commissioner re Ia Tangata

I respectfully write to urge the Commission, under your leadership, to publicly call on the Government to adopt the recommendations of the Law Commission’s Ia Tangata report, and to do so by reference...

www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 21d

Our CEO will be making an oral presentation of Rights Aotearoa's written submission to the People's Select Committee on Pay Equity in the morning session this Thursday, the 25th at 10.35 am.

Our written submission is here:

www.rightsaotearoa.nz/rights-aotea...

Rights Aotearoa's Submission to the People's Select Committee on the Equal Pay Amendment Act 2025

In May 2025, under the cover of parliamentary urgency, the Government extinguished the employment rights of over 300,000 workers in Aotearoa New Zealand.

www.rightsaotearoa.nz

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Rights Aotearoa @rightsaotearoa.bsky.social · 23d

Our submission to the People's Select Committee on the Equal Pay Amendment Act 2025.

www.rightsaotearoa.nz/rights-aotea...

Rights Aotearoa's Submission to the People's Select Committee on the Equal Pay Amendment Act 2025

In May 2025, under the cover of parliamentary urgency, the Government extinguished the employment rights of over 300,000 workers in Aotearoa New Zealand.

www.rightsaotearoa.nz

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Reposted by Rights Aotearoa

Paul Thistoll @pault.bsky.social · 24d

Please read my article below, which argues that we must retire the false marketplace of ideas analogy and replace it with a more coherent model.

*How can a good idea beat a bad idea when the owner of X alters the algorithm to win by brute force?*

constellation-of-rights.ghost.io/the-death-of...

screenshot of an X post from the FSU "Good ideas beach bad ideas".

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Reposted by Rights Aotearoa

Rights Aotearoa @rightsaotearoa.bsky.social · 25d

Democracy is not self-executing. It requires active protection. Yesterday, Doyle’s speech reminded us that we failed that test.
The right to participate in the political process without fear is a universal human right—and we will defend it with all our strength
www.rightsaotearoa.nz/yesterday-we...

Yesterday, We Became Less of a Democracy

Yesterday, when Benjamin Doyle was forced from Parliament by sustained death threats and harassment, Aotearoa failed a fundamental test of democratic resilience.

www.rightsaotearoa.nz

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