8 May, 2023
Kia ora,
Request made to Radio New Zealand for information about Minister Kiri Allan's
address at Māni Dunlop's farewell event
We write further to your request for information under the Official Information Act 2005 (
OIA)
for the speech given by Minister Kiritapu Allan at the farewell for Māni Dunlop on her
departure from Radio New Zealand (
RNZ).
In short, RNZ has decided to withhold the information requested in part, under section
9(2)(a) of the OIA, in order to:
a. protect the privacy of individuals; and
b. protect the privacy of Minister Al an; and
c. protect the tikanga of RNZ and its kaimahi.
Background
As you are aware, on 31 March 2023, RNZ hosted a farewell event for Māni Dunlop, with
staff and members of Ms. Dunlop's whānau present. Ms Dunlop's partner, the Hon Kiritapu
Al an, Minister of Justice, made a speech at that event.
The farewell was conducted in accordance with both tikanga Māori protocols and the
protocols of how RNZ conducts employees’ farewells. In relation to the event, those
protocols meant that there was an open floor where people could trust that what they said
was for that audience only and they were able to speak openly and frankly.
Minister Al an’s kōrero was made as a direct response to the invitation, established at the
start of the evening, for attendees to chal enge RNZ if they wished to do so. . She made it
clear she was speaking as an individual on behalf of Māni Dunlop and her whānau. In her
response Ms Al an made some brief comments critical of RNZ (the
RNZ comments) that
were subsequently reported by both RNZ ("
Al an took aim at RNZ's treatment of Māori
reporters and urged the public broadcaster to have a look at its culture") and NZ Herald
("
she made comments critical of RNZ" ). Minister Al an has since publicly apologised.
Information withheld under section 9(2)(a)
We have considered the OIA context in relation to Ms Al an's speech, and have come to the
decision to withhold the speech in part under section 9(2)(a) of the OIA. We are of the view
that Ms Al an's speech, made at a private farewel with family and friends present, where
speakers were encouraged to speak openly, involves a privacy interest that should be
protected under section 9(2)(a) OIA, taking into account:
a. the context in which the information was imparted, being a private farewell where
kaimahi and whānau were invited to speak openly and honestly;
b. the sensitivity of the information, being personal information of an emotional and
private nature; and
c. the circumstances in which the information was obtained, in particular the strong
expectation of privacy in the context of a farewell done in accordance with RNZ
tikanga.
Specifically, we consider that attendees have privacy interests that warrant protection.
We do not consider that the withholding of the information is outweighed by other
considerations which would render it desirable in the public interest to make that information
available.
Information provided
However, there are two comments in Minister Al an's speech which are the basis for the
media reports. We acknowledge that additional considerations apply to these comments.
There is a public interest in the comments made by the Minister about RNZ, a public
institution, and which do not affect the privacy of any other person. We also note that a
degree of disclosure has already been made to the public, and the Minister and Prime
Minister have commented on the event.1
RNZ has decided to provide you with a transcript of the two relevant RNZ comments,
attached as
Appendix 1. The remainder of the speech, and the video and audio recording
of the RNZ comments, will be withheld to protect the attendees’ privacy.
You have a right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at www.ombudsman.parliament.nz
or freephone 0800 802 602.
Ngā mihi
George Bignell | Legal Adviser and Procurement Manager RNZ, PO Box 123, Wellington, New Zealand, 6140
DDI +64 4 474 1424
Mobile: +64 27 491 2246
www.rnz.co.nz
1
Cabinet Minister Kiri Allan apologises over comments at RNZ farewell for fiancée Māni Dunlop | RNZ News; see
also
Cabinet Minister Kiri Allan apologises for remarks at Māni Dunlop’s farewell from RNZ - NZ Herald and
Andrew Little weighs in on Kiri Allan’s RNZ farewell speech for host partner Māni Dunlop - NZ Herald.
Appendix 1 – Minister’s comments
…
There is something within this organisation that has to be looked at. Now I know that you
said that you would pick up that, the wero, that Māni left. It is not for just you, it is for your
SLT to pick up. It's for your SLT to pick up. It's for your boards to pick up. That there is
something within the organisation that wil not, and has not been able to keep Māori talent
and that is a question that I think deserves some deep reflection….
We are looking at these two, and we are looking at this organisation and how it treats its
talent. Want to know… she doesn't need to do it, it's not her role to carry that anymore. So
it's to this room, and the people within this place to grow and nurture, show that they have a
viable future within this organisation. That you can come in as an intern and that you can
get to the top spot, not just because you are Māori but because you have trained them well,
you have nurtured them well.