Alan Thompson documents.pdf

GOVERNANCE AND ADMINISTRATION COMMITTEE
KOMITI WHIRIWHIRI TAKE WHAKAHAERENGA
8 July 2021
Hon Nanaia Mahuta
Minister of Local Government
Parliament Buildings
Wellington
Dear Minister Mahuta
Request for evidence on Whakaari / White Island petition
The Governance and Administration Committee is currently considering the petition of Alan
Thompson, which requests:
That the House of Representatives urge the Government to commission a formal and
independent inquiry into the response by emergency management services to the
Whakaari / White Island eruption that claimed 21 lives.
We understand that, as Minister of Local Government, you are the territorial authority for
Whakaari / White Island, as well as several other offshore islands.
As part of our consideration of Mr Thompson’s petition, we are interested in other reviews
that may have been done or are underway about the Whakaari / White Island eruption. We
understand the Department of Internal Affairs is currently reviewing the Whakaari
Memorandum of Understanding with the Bay of Plenty Civil Defence Emergency
Management Group to better define expectations and responsibilities of the Group and the
Minister of Local Government,
On that basis, the committee requests written evidence about any terms of reference that
under the Official Information Act 1982
have been agreed to for the review, progress that has been made so far, and any anything
else about the review that you think would be of interest to us as we consider this petition.
Please note that your written submission will become public and will be published on the
Parliament website when it is released by the committee. Please send your written
submission by midday, Friday 6 August 2021.
If you have any questions about this letter, please contact the clerk of the committee,
Released
Elizabeth Murray, at [email address] or 04 817 6678.
Yours sincerely
Barbara Kuriger
Chairperson
Governance and Administration Committee

5 August 2021
Barbara Kuriger
Chairperson, Governance and
Administration Committee
Parliament Buildings
Tēnā koe Barbara
Thank  you  for  your  letter  of  8  July  2021,  inviting  me  to  provide  written  evidence  to  the
Committee regarding the petition of Alan Thompson to commission a formal and independent
inquiry into the response by emergency management services to the Whakaari/White Island
eruption.
As Minister of Local Government, I am also the territorial authority for any part of New Zealand
that does not form part of the district of a territorial authority. This includes Whakaari/White
Island (the Island), and a number of other islands off the east coast of the North Island.
As the territorial authority, I am required to have an emergency management response plan
in place for Whakaari/White Island. In 2017, the then Minister of Local Government, the Hon
Jacqui  Dean  signed  a  Memorandum  of  Understanding  (MoU)  with  Bay  of  Plenty  Regional
Emergency  Management  (BoPREM)  for  civil  defence  and  emergency  management
responsibilities to be undertaken on the Minister’s behalf by BoPREM on the Island.
At the time of the eruption on the Island the MoU remained in place. Late last year a review of
the MoU was initiated to ensure the MoU remains fit for purpose. While there is no terms of
reference for the review, my expectation is that the review will look to better define:
 the high-level expectations that myself and BoPREM can reasonably expect of one
another;

under the Official Information Act 1982
definitions of response and readiness activities and what each party is responsible for
within these areas; and
 the  transparency  and  detail  (where  appropriate  and  available)  about  financial
contributions.
My officials continue to work closely with BoPREM on reviewing the MoU and I anticipate a
finalised MoU to be agreed in the coming months.
Released
Thank you for the opportunity to contribute to the Select Committee’s considerations.
Nāku noa
Hon Nanaia Mahuta
Minister of Local Government

The Department of Internal Affairs

Te Tari Taiwhenua

Purpose
1.
This briefing seeks your agreement to terminate the current Memorandum of
Understanding (MoU) for Whakaari/White Island. In place of the MoU we recommend
you enter into a new arrangement with the Bay of Plenty CDEM (Civil Defence
Emergency Management) Group for the joint provision of civil defence and emergency
management services to all the offshore islands for which you are the territorial
authority in the Bay of Plenty region (including Whakaari/White Island).
Background
Your role as territorial authority for the offshore islands and the MoU
2.
As Minister of Local Government, you are the territorial authority for 11 islands that do
not form part of the district of a territorial boundary. You also have duties and powers
under the Civil Defence and Emergency Management Act 2002 (the CDEM Act) to:
a)  take all necessary steps to undertake civil defence emergency management or to
perform those functions and duties; and
b)  plan and provide for civil defence emergency management
3.
At present you have a MoU with the Bay of Plenty Civil Defence Emergency
Management Group (Bay of Plenty CDEM Group) which sets out the response and
readiness roles and activities of each party in the event of an emergency on
Whakaari/White island. The MoU was agreed by the former Associate Minister of Local
Government in 2017 and is not a legally binding document.
4.
Following the December 2019 eruption of Whakaari/White Island, the Department of
Internal Affairs (the Department) undertook to review the MoU with the Bay of Plenty
CDEM Group on your behalf.
Comment
Is the MoU the most appropriate mechanism to carry out your civil defence
responsibilities?
5.
In reviewing the MoU, the Department engaged extensively with the Bay of Plenty
under the Official Information Act 1982
CDEM Group and Bay of Plenty Regional Council to ensure that your emergency
management arrangements are fit for purpose and robust. During the review it
became clear that a more appropriate mechanism to fulfil your duties under the CDEM
Act, would be for a senior member of the Department to be co-opted onto the
Coordinating Executive Group (CEG).
Released
6.
The main responsibilities of the CEG are to:
a)  provide advice to the Bay of Plenty CDEM Group (the Group) and any subgroups or
subcommittees of the group;
b)  implement, as appropriate, the decisions of the Group; and
c)  oversee the implementation, development, maintenance, monitoring, and evaluation
of the civil defence emergency management group plan.
7.
Your duties under the CDEM Act are better fulfilled, by having a senior representative
co-opted onto the CEG as the responsibilities of the CEG align with your duties under
the CDEM Act.

IN-CONFIDENCE
Page 2 of 5

The Department of Internal Affairs

Te Tari Taiwhenua

8.
This co-opting mechanism will enable the senior departmental representative to make
operational decisions in line with the purpose of the group. For any issues of any
significance, you will be updated through the status report and briefings as
appropriate.
9.
Through the senior representative, you, as the territorial authority, would be directly
involved in CDEM activities as part of the CEG. This is different to the current situation
where CDEM planning activities are contracted out to Emergency Management Bay of
Plenty (the Group office of regional staff emergency management staff), which
effectively separate you as the territorial authority from any of the planning functions
that are being undertaken.
10.  The CEG is and will continue to be responsible for undertaking CDEM activities for the
offshore islands in the Bay of Plenty region that you are responsible for. By joining the
CEG this allows for more effective CDEM planning for those islands, in particular Motiti
and Tuhua islands (which are both inhabited), whereas currently the MoU only covers
Whakaari/White Island.
11.  Accordingly, the Department recommends that you terminate the current MoU and
agree to have a senior representative from the Department co-opted to the CEG.
12.  In addition, on 13 July 2021, David Love, Chair of the Bay of Plenty Civil Defence
Emergency Management Group (the Group) extended an invitation to you to become
a member of the Group. As the Minister of Local Government there is provision in the
CDEM Act for you to exercise your discretion not to become a member of the Group.
13.  We recommend that you exercise your discretion and decline to become a member of
the Group. In exercising that discretion, you can continue to meet all your obligations
as Territorial Authority under the CDEM Act through a senior representative from the
Department being co-opted onto the CEG. This provides you with a clear legal
delineation between your responsibilities as the Minister of Local Government and the
responsibilities you have as the Territorial Authority.
Financial implications
This proposal has no anticipated financial implications
under the Official Information Act 1982
14.  As the territorial authority for the offshore islands you are treated in the same manner
as any other territorial authority would be in an emergency event. This includes the
expectation that you will contribute to the costs incurred by the Coordinating
Executive Group in their response to an emergency in accordance with the CDEM Act.
There is no proposed change to this arrangement.
Released
15.  However, given the lack of rateable population on the offshore islands, the Bay of
Plenty CDEM Group has agreed that there is no need to financially contribute to the
ongoing planning and readiness functions. Under normal circumstances, these costs
are incurred proportionate to the number of ratepayers, and as residents of the
offshore islands are not rated, there is no cost proposed on an ongoing basis.

IN-CONFIDENCE
Page 3 of 5

The Department of Internal Affairs

Te Tari Taiwhenua

Next steps
Appointing an official and terminating the MoU
16.  Attached at Appendix A is a letter to David Love Chair of Bay of Plenty CDEM Group,
advising that you are terminating the MoU and agree to have a senior representative
from the Department be co-opted onto the CEG.
Recommendations
17.  We recommend that you:
a)
agree to terminate the existing Whakaari/White Island

Memorandum of Understanding with Bay of Plenty Civil Defence
Yes/No
Emergency Management;
b)
agree to have an official from the Department co-opted to the Bay
of Plenty CDEM Group Coordinating Executive Group to support

you in fulfilling your responsibilities under the Civil Defence and
Emergency Management Act;
Yes/No
c)
agree to exercise your discretion under the Civil Defence and
Emergency Management Act to decline to become a member of

the Bay of Plenty Civil Defence Emergency Management Group;
and
Yes/No
d)
sign the letter at Appendix A to the Chair of the Bay of Plenty

CDEM Group
Yes/No

James Stratford
Acting Manager Operational Policy
under the Official Information Act 1982

Released

Hon Nanaia Mahuta

Minister of Local Government

/
/
17 12 2021

IN-CONFIDENCE
Page 4 of 5

The Department of Internal Affairs

Te Tari Taiwhenua

Appendix A: Letter to the Chair of the BOP CDEM Group

under the Official Information Act 1982
Released

IN-CONFIDENCE
Page 5 of 5

21 December 2021
David Love
Chair, Bay of Plenty Civil Defence Emergency Management Group
[email address]
Tēnā koe David,
Further to my letter on 13 September, I am writing to confirm that I have now received further
advice  from  my  officials  in  relation  to  my  civil  defence  and  emergency  management
responsibilities under the Civil Defence Emergency Management Act 2002 (the Act).
Following their ongoing engagement with Clinton Naude, Director of Emergency Management
Bay of Plenty, my officials have confirmed that a more appropriate mechanism for meeting my
obligations under the Act is to have a senior member of the Department of Internal Affairs join
the  Co-ordinating  Executive  Group  (the  CEG).  This  will  ensure  that  I  am  able  to  meet  my
emergency management planning and response obligations under the Act for all the islands
within the Bay of Plenty region where I am the territorial authority.
Accordingly, I accept your invitation of 13 July under section 20(1)(e) of the Act, to co-opt a
senior representative onto the CEG. To support this new arrangement, I am terminating the
existing Whakaari/White Island Memorandum of Understanding (MoU) in accordance with the
termination provisions contained in the MoU.
In order to meet my obligations under the Act I am advised there is no requirement to become
a member  of  the  Bay  of  Plenty  Civil  Defence  Emergency  Management Group (the Group).
Accordingly, I respectfully decline your invitation to become a member of the Group.
Once again, I would like to thank you for extending the opportunity to work more closely with
Bay of Plenty Civil Defence Emergency Management.
My officials will be in contact with Emergency Management Bay of Plenty to confirm the details
under the Official Information Act 1982
of  the  co-opted  representative  early  in  the  New  Year  and  the  transition  to  the  new
arrangement.
Nāku noa
Released
Hon Nanaia Mahuta
Minister of Local Government