Seabed Minerals Authority

GOVERNMENT OF THE COOK ISLANDS

Po Box 733, Rarotonga, Cook Islands Phone (682) 29193

POSITION SMMARY

Job Title: / Seabed Minerals Commissioner
Division / Seabed Minerals Authority
Responsible To: / Minister of Minerals & Natural Resources
Responsible For: / 4 staff, consultants and contractors as required
Job Purpose: / Efficient and proper administration and management of the nation’s seabed minerals sector in accordance with and under the SBM Act 2009, associated Regulations and approved Policies
Job Classification: / Jobwise Code (S1-S6; O1-O6; T1-T7; L1-L9)
(Inserted after evaluation exercise)
Date: / 10 October 2016

ORGANISATION CHART:

(Approved SMA organisation structure – 2014)


OBJECTIVES

The position of Seabed Minerals Commissioner encompasses the following objectives-

The Commissioner is responsible to the Minister of Minerals and Natural Resources for the efficient and proper administration and management of the nation’s seabed minerals in accordance the Seabed Minerals Act 2009 [the “Act”]. In managing the seabed minerals estate the Seabed Minerals Commissioner needs to be cognisant of the objectives of the Act[1] . The Commissioner leads the Seabed Minerals Authority as the and is a member of the HOM’s[2] Leadership Team

KEY RESULT AREAS (KRA’s)/Outputs

KRAs for this position (maximum of 6) + generic KRAs / Key Performance Indicators (use SMART principles)
KRA 1: Efficient and proper administration and management of the nation’s seabed minerals in accordance the Seabed Minerals Act 2009 and associated Regulations, policies and other relevant secondary statutes [the “Act”]. / Jobholder is successful when:
  • All recommendations and decisions made under the Act are technically and legally defensible and enforceable – no successful legal challenges.
  • Cook Islands is a “preferred country” for exploration and development for seabed exploration and mining investment.
  • Best practice information available for investors including application procedures, technical data and investor obligations are in place.
  • Cook Islands receives a substantial, but reasonable and fair economic return from the exploitation of its mineral estate,
  • Regulatory regime is continually updated to meet the objective of “best regulatory practice”.

KRA 2:Cook Islands seabed mineral resources are explored and ultimately exploited with robust environmental and sustainable principles at the centre to ensure sustainable development. /
  • Clear and robust environmental regulations in place in conjunction with the National Environmental Service.
  • Energetic, forceful but fair administration practices and services are provided.
  • Exploration and exploitation in the Cook Islands EEZ is the model for PIC development.

KRA 3:International awareness of CKI seabed minerals resources /
  • Best practice international marketing of minerals estate – market mix of direct/indirect marketing is established and delivered.
  • Easy access to resource data via best practice digital platforms are in place.

KRA 4 : Self-Management and Continuous Improvement
  • Demonstrate self-management and continuous improvement in own performance and personal development.
  • Engage effectively with colleagues and staff
/ Performance rating ‘meets expectations’
KRA 6: Leadership/Management and Team Performance (for positions that manage people only)
  • Engage effectively with colleagues and staff
  • Create a team environment that fosters and develops effective working relationships and high performance
  • Conduct ongoing review of division with view to sustained improvement
  • Assure quality management of division
/
  • Training and career development opportunities provided for staff
  • Employment engagement survey reflects effective team leadership
  • Division continually strives for excellence.
  • Business plans and budgets are prepared on time and accepted by the relevant central agencies
  • Key output deliverables in the Business Plan are achieved.

FUNCTIONAL RELATIONSHIPS

Internal
/
Nature of Contact
/
External
/
Nature of Contact
Within the Authority
/
What contact does this position have with the internal contact (Light, Medium/ Heavy)
Heavy: Positions require contact with all functions of the Agency and/or where these are of a very sensitive nature (e.g. HR Officer dealing with personal grievances, dealing with highly confidential technical/commercial information) /
Outside of the Agency
Mineral investors and explorers: various companies active in mineral exploration that are of are showing interest in investing in the Cook Islands minerals estate. May have applications or grated mineral rights
Government Agencies:Crown Law, Ministry of Marine Resources, National Environment Services, Ministry of Finance and Economic Management Infrastructure Cook Islands, Public Service Commission, Business Trade and Investment Board, MaraeMoana
Non-Government: Various NGO’s including Te Ipukarea Society and other environmental groups
Other Agencies:International
Sea Bed Authority South Pacific Commission, National Institute of Water and Air(NZ) Office of the New Zealand High Commissioner, New Zealand Petroleum and Minerals.
Consultants, contractors and suppliers of professional services /
What contact will I have with this external contact (Minimal, Routine, Promoting, Negotiating/ Critical Contact) – all of these from time to time
Minimal: Minimal external contact is required.
Routine: Significant, regular discussions and contact to resolve day to day difficulties and problems.
Promoting: Significant contact to promote the organisation and achieve prescribed goals. Also included are those positions having daily and continual contact with people and in a role requiring advanced human relations skills.
Negotiating: Considerable contact as the prime negotiator on major business dealings or on highly sensitive matters requiring highly developed negotiating or human relations skills.

AUTHORITY: (Explain the authority if any)

Financial / Responsible for the preparation of the Authority’s budget and expenditure levels and/or take action within the boundaries of budget constraints and expenditure levels in accordance with MFEM guidelines. Budget approximately $375K plus variable additional third party donor funding
Staff / Responsible for the recruitment, appointment, training, management staff for the purpose of administering and enforcing the provisions of the Seabed Minerals Act:
Appoint the following officers and inspectors for the purposes of administering and enforcing the provisions of this Act -
(a)Seabed Mineral Officers;
(b)inspectors; and,
(c)OHS inspectors.
The Commissioner may engage (by secondment or other temporary arrangement) officers and employees of other Cook Islands departments, agencies and authorities, where necessary for the effective performance of the functions and powers of the Authority under this Act.
Contractual / The authority may enter into agreements or contracts on behalf of the Authority.
The Commissioner may engage consultants to perform services for the Authority where necessary for the effective performance of any of the functions and powers of the Authority under this Act.

WORK COMPLEXITY:

Indicate Most challenging duties typically undertaken:
1 / Integrating technical and legal factors necessary to recommend courses of action that are technically and legally defensible and enforceable in the field for the efficient management of the national SBM sector under the Seabed Minerals Act
2 / Developing technically demanding, environmentally sound, legally enforceable contractual documents that are workable for the industry.
3 / Keeping all industry, civil society and stakeholders informed with respect to the Authority’s mandate and activities.

PERSON SPECIFICATION:

Qualifications
Essential: (least qualification to be competent) / Desirable: (specific qualification for job)
Degree in public administration or natural resources orearth science/engineering/technical/ legal or economics/business or in a related field / Post graduate qualification in a multi discipline area in management, natural resources, minerals exploration and development or in a related field.

Knowledge / Experience

Essential: / Desirable:
5 years minimum experience in Natural Resource managementand licencing related issues
5 years minimum experience in senior management / Knowledge and experience in relevant minerals resource management sector field or equivalent
In-depth understanding of local and international deep sea minerals regulatory frameworks and legal obligations and how they impact on the management of the Cook Islands seabed mineral estate. / Experience in working at an operational level in an environment.
In-depth knowledge of the Cook Islands socio/economic and legal structures and an appreciation of international, regional and domestic laws, treaties and obligations.
Proven track record of building teams and successful networking / The last 3 years as a CEO in a relevant minerals resource management sector field or equivalent

KEY SKILLS /ATTRIBUTES / JOB SPECIFIC COMPETENCIES

Level of ability required for the job
Expert / Fully conversant with all applications of skill/knowledge in a range of environments/ would be recognised by others as expert in this skill/knowledge could be expected to train others in this skill.
Strategic skills / The Seabed Minerals Commissioner is the head of department for the Seabed Minerals Authority.
Effective Heads of Departments possess a depth and breadth of relevant knowledge. They are intellectually sharp, and deal with concepts and complexity comfortably. They have a strong grasp of key trends and issues facing their agency and the wider sector, and develop long range strategies and plans. The Commissioner will need to be able to create a compelling vision and inspire others to support that vision.
Operating skills / Effective Heads of Departments create focus within their organizations and get things done. They find ways to adjust and reduce roadblocks and zero in on the vital few issues that require their attention. They understand organisational processes and identify systemic opportunities for synergy and integration. They create strong teams by empowering people, fostering open dialogue, effectively allocating resources and ensuring that individuals work together. The Commissioner will need to build a high performing leadership team to ensure that while major change is taking place, no focus is lost on the core activities of the department that are vital to the Cook Islands.

The Commissioner will demonstrate the following leadership and management skills and attributes in the following areas:

Aid projects

The Seabed Minerals Commissioner is responsible for the achievement and reporting of all new and on-going (short & long term) aid funded projects for the three year period of the contract.

Instructions

The Seabed Minerals Commissioner must execute instructions issued by the Public Service Commissioner to give effect to Government Policies in accordance with the SBM Act 2009.

Good Employer Principles

The Seabed Minerals Commissioner is responsible for developing and maintaining a positive working environment that aligns with good employer principles as follows:

a)Ensure that clear and relevant Job Descriptions exist and are sized for all staff in alignment with the core functions and approved staffing structure of the Department;

b)Development and implementation of internal management and operations policy and procedures that will facilitate the achievement of agreed outputs;

c)Development of a human resources strategy for the Department with a focus on individual and organisational capabilities and growth; alignment and implementation of Personnel Policy and employment contracts for staff in line with relevant legislative requirements;

d)Leading and managing staff to achieve agreed outputs;

e)Regular reviews of staff performance in line with agreed outputs and performance agreements;

f)Providing good and safe working conditions for all employees.

PERSON PROFILE

Strategic skills

The Seabed Minerals Commissioner is the head of department for the Seabed Minerals Authority.

Effective Heads of Departments possess a depth and breadth of relevant knowledge. They are intellectually sharp, and deal with concepts and complexity comfortably. They have a strong grasp of key trends and issues facing their agency and the wider sector, and develop long range strategies and plans. The Commissioner will need to be able to create a compelling vision and inspire others to support that vision.

Operating skills

Effective Heads of Departments create focus within their organizations and get things done. They find ways to adjust and reduce roadblocks and zero in on the vital few issues that require their attention. They understand organisational processes and identify systemic opportunities for synergy and integration. They create strong teams by empowering people, fostering open dialogue, effectively allocating resources and ensuring that individuals work together. The Commissioner will need to build a high performing leadership team to ensure that while major change is taking place, no focus is lost on the core activities of the department that are vital to the Cook Islands.

Courage

Effective Heads of Departments can be counted on to step up when times are tough. They do not shirk personal responsibility. They anticipate potential conflicts and make conscious choices about the approach they will take. If conflict arises they look for common ground; resolving differences equitably and calmly. They are willing to take the lead on controversial issues. They read situations and people accurately. They are a good judge of people and are able to clearly see their strengths and limitations.

Organisational Positioning Skills

Effective Heads of Departments understand the political and organisational context within which they work. They are sensitive to political processes and anticipate risks and how others may respond. They can manoeuvre through complex political situations effectively and quietly, whilst maintaining Public Service standards of political neutrality. They know how to get things done within the political and organisational context and understand the origin and reasoning behind key policies, practices and procedures. To achieve the change necessary, the Commissioner will need to position the department to work with others but always retain the independence needed to undertake the statutory role.

Acting with Honour and Integrity

Effective Heads of Departments adhere to the Standards of Integrity and Conduct for the Public Service, during both good and bad times.

The Commissioner needs to model the highest standard of personal integrity and drive a culture of integrity, honesty and professionalism in his or her department that underpins the Cook Islands Seabed Mineral Authority's position as one of the most trusted organizations in the Cook Islands. The Commissioner will ensure that the Cook Islands Maori language and culture is promoted and integrated in all their conduct.

Energy and Drive

Effective Heads of Departments consistently demonstrate energy and drive for better results. They don't give up in the face of resistance or setbacks; however, they are also willing to adapt their approach if necessary to achieve the desired results. They consistently and constantly strive for better performance, balanced with a concern for people and due process. This is a big and complex role for an ambitious leader.

Personal and Interpersonal Skills\

Effective Heads of Departments have highly developed personal and interpersonal skills.

In terms of personal skills, they know themselves well, are open to criticism and seek feedback. They learn from their mistakes and strive constantly to develop themselves. They are adaptive. They can be counted on to remain calm and hold things together in tough times.

In their dealings with others they are good listeners and can easily establish rapport with people from all walks of life. The Secretary needs to be able to build relationships of trust and respect with the general public, colleagues, Ministers and staff even while exercising the powers of the Secretary.

KEY COMPETENCIES

The Commissioner is expected to demonstrate:

a)Proven expertise in the management of mineral resources and the mineral resource value adding chain

b)Demonstrable understanding of the importance of robust and balanced regulatory frameworks for environmental, social, fiscal occupational health and safety, in order to achieve sustainable mineral resource development that will generate economic, social and environmental benefits to a small island nation.

c)Proven ability to develop a rapport at the highest level of government and business and be able to influence. Development of networks with those who can assist in meeting Authorities goals important - senior line management, administration and technical workforces.

d)Sound knowledge of government processes, systems and structures.

e)The ability to work collaboratively with other agencies and stakeholders in the development of strategies and policies in order to achieve the Authorities priorities.

f)The ability to exercise sound judgment and determine the implications of the regulatory, administrative and statutory advice rendered to government on mineral resource management issues.

g)Impartiality on all advice provided to the Minister on the allocation and on-going dealings on mineral rights, ensuring all statutory issues have been considered and appropriately determined.

h)Previous experience in preparation of business and strategic plans, projects and working within government appropriation systems, including donor funding.

i)Proven leadership and management qualities with the following competencies:

  1. Human Resource Management
  2. Strategic Management
  3. Financial Management
  4. Knowledge Management
  5. Risk management.

j)Results orientated with a focus on service delivery, innovation and customer focus;

k)Ability to forge mutual professional relationships between the Unit/Authority with the Minister, Heads of Ministries, Government Agencies, NGO's and public and private sector stakeholders.

l)An understanding of the drivers of the investment sector, exploration and mining companies and the Government ownership and regulation roles.

m)Ability to think creatively and strategically to successfully mediate and negotiate with individuals and groups internally and externally.

n)Proven Good Employer principles.

BEHAVIOURAL COMPETENCIES

Values

The Seabed Minerals Commissioner must uphold:

a)honesty - acting honestly, being truthful, and abiding by the laws of the Cook Islands: