Kia Ora,

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References

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Dear Matthew Hooton

On behalf of the Hon Grant Robertson, Minister of Finance, I acknowledge receipt of your letter of 11 June 2019 requesting:

"1) All drafts of the 8.18 pm media statement referred to above, whether electronic or on paper, including all amendments and comments made on them by any individual or organisation whatsoever, including the identification of that individual and organisation and when those amendments and comments were made
2) Any other draft media statements, talking points or internal Q&As prepared by your office or any other Beehive office on this matter on Tuesday 28 May or Wednesday 29 May for use by the Treasury, the Prime Minister or Ministers
In addition, I seek the following non-documentary information:
3) When and by whom was it first proposed that you should issue a media statement on this matter at or around 8.18pm on Tuesday 28 May?
4) With whom and when was this proposal discussed?
5) What was the objective of issuing such a media statement?
6) When, why and by whom was it first proposed to reference the Opposition in your media statement?
7) With whom and when was this proposal to reference the Opposition discussed?
8) Which individuals and organisations were given prior notice of the intention to issue the media statement at or around 8.18pm on Tuesday 28 May, and when?
9) Which individuals and organisations were given a draft or final version of the media statement, and when?
10) What opportunity were those named in the media statement – namely the Treasury, Police, the GCSB and its National Cyber Security Centre, and the Opposition – given to check the accuracy of and provide feedback on the statement prior to release?
11) What was the nature of the communication to the Opposition your statement refers to (eg, meeting, phone call, letter, email, text etc), when was it made and by and to whom, what did it say, and what was the response?
12) Prior to release, what consideration was given by you, the Prime Minister, other Ministers or Beehive staff to the impact of your statement on external stakeholders such as the financial markets and foreign governments, and what measures were taken by the Beehive to manage these impacts?
13) If you did not know what information may have been obtained by the Opposition or the “hacker”, what consideration was given by you, the Prime Minister, other Ministers and Beehive staff to publicly issuing market-sensitive information held by the Government and Treasury, and why was it decided not to take this step?
14) If you did know what information may have been obtained by the Opposition or the “hacker”, how did you not know how the information had been obtained?"

Your request was received in this office on 11 June 2019 and will be responded to under the provisions of the Official Information Act.

Yours sincerely

Katy Greco-Ainslie
Private Secretary

The information contained in this email is privileged and confidential and intended for the addressee only. If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents. If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated.

Email disclaimer:
Please note information about meetings related to the Ministers’ portfolios will be proactively released (this does not include personal or constituency matters). For each meeting in scope, the summary would list: date, time (start and finish), brief description, location, who the meeting was with, and the portfolio. If you attend a meeting with the Minister on behalf of an organisation, the name of the organisation will be released. If you are a senior staff member at an organisation, or meet with the Minister in your personal capacity, your name may also be released. The location of the meeting will be released, unless it is a private residence. The proactive release will be consistent with the provisions in the Official Information Act, including privacy considerations. Under the Privacy Act 1993 you have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, or are concerned about the release of your information in the meeting disclosure, please contact the sender. You can read more about the proactive release policy at https://www.dia.govt.nz/Proactive-Releas...

-----Original Message-----
From: Matthew Hooton [mailto:[FYI request #10514 email]]
Sent: Tuesday, 11 June 2019 11:05 AM
To: G Robertson (MIN) <[email address]>
Subject: Official Information request - Media Statement at 8.18 pm on Tuesday 28 May and related matters

Dear Minister

At around 8.18 pm on Tuesday 28 May, your office issued a media statement attributed to you entitled “Finance Minister Grant Robertson on statement from Treasury” relating to the release of Budget information earlier than intended by the Government. Among other things, the statement said that the Treasury had “sufficient evidence that indicates the material is a result of a systematic hack”, that the matter was “extremely serious,” and “a matter for the Police". The statement linked the Opposition to the alleged extremely serious hack, asking it “not release any further material”. The statement appears not to have been put on the Beehive website but can be found at http://www.scoop.co.nz/stories/PA1905/S0...

The issuing of the statement, and the earlier one it referenced, created enormous controversy. On the face of it, it suggested that all information held by arguably the most sensitive government department had potentially been obtained by an unknown criminal hacker. It can also reasonably be read as suggesting that the Opposition was in receipt of and using politically information that may have been obtained by an unknown criminal hacker. An even wider context is recent allegations of Russian in western political processes and allegations of Chinese hacking activities against western interests.

It has turned any such imputations from your statement were false. As well as the public interest in it coming to light why this particular false statement was issued, there is even greater public interest in maintaining domestic and international confidence that public statements made by the Minister of Finance are accurate. This is therefore enormous public interest in it becoming known how such a false public statement came to be issued, especially as it was issued under your name.

Adding to this public interest, this morning Richard Harman has reported in his highly regarded Politik newsletter that “the use of the phrase ‘systematic and deliberate hack’ appears to have been guesswork”. Mr Harman’s article can be found at http://politik.co.nz/en/content/politics...(POLITIKToday_07_10_2016_10_6_2016_COPY_01)&mc_cid=9aabd7970f&mc_eid=d195fad3e0

Under the Official Information Act, I therefore ask for the following documents:

1)All drafts of the 8.18 pm media statement referred to above, whether electronic or on paper, including all amendments and comments made on them by any individual or organisation whatsoever, including the identification of that individual and organisation and when those amendments and comments were made
2)Any other draft media statements, talking points or internal Q&As prepared by your office or any other Beehive office on this matter on Tuesday 28 May or Wednesday 29 May for use by the Treasury, the Prime Minister or Ministers

In addition, I seek the following non-documentary information:

3)When and by whom was it first proposed that you should issue a media statement on this matter at or around 8.18pm on Tuesday 28 May?
4)With whom and when was this proposal discussed?
5)What was the objective of issuing such a media statement?
6)When, why and by whom was it first proposed to reference the Opposition in your media statement?
7)With whom and when was this proposal to reference the Opposition discussed?
8)Which individuals and organisations were given prior notice of the intention to issue the media statement at or around 8.18pm on Tuesday 28 May, and when?
9)Which individuals and organisations were given a draft or final version of the media statement, and when?
10)What opportunity were those named in the media statement – namely the Treasury, Police, the GCSB and its National Cyber Security Centre, and the Opposition – given to check the accuracy of and provide feedback on the statement prior to release?
11)What was the nature of the communication to the Opposition your statement refers to (eg, meeting, phone call, letter, email, text etc), when was it made and by and to whom, what did it say, and what was the response?
12)Prior to release, what consideration was given by you, the Prime Minister, other Ministers or Beehive staff to the impact of your statement on external stakeholders such as the financial markets and foreign governments, and what measures were taken by the Beehive to manage these impacts?
13)If you did not know what information may have been obtained by the Opposition or the “hacker”, what consideration was given by you, the Prime Minister, other Ministers and Beehive staff to publicly issuing market-sensitive information held by the Government and Treasury, and why was it decided not to take this step?
14)If you did know what information may have been obtained by the Opposition or the “hacker”, how did you not know how the information had been obtained?

Thank you for your attention to this request. Given the enormous public interest in this matter, as discussed at the outset above, I asked both that you treat it as urgent and also that, even if good reasons are identified for withholding the information, you nevertheless decide to release it given the matters discussed above render it highly desirable, in the public interest, that the information be made available.

Yours sincerely

Matthew Hooton

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