9 February 2024
John
[FYI request #25254 email]
Tēnā koe John
Thank you for your request to Kāinga Ora – Homes and Communities, dated 20 December 2023,
under the Of icial Information Act 1982 (the Act):
Please provide all information, including emails, memos, business cases, letters of
expectation, et al related to steps that Kainga Ora may be taking to give effect to the policy of
the new Government that public service organisations should have their primary name in
English, and should communicate primarily in English.
I can advise that two documents were found to be within scope of the request. The first document is
an email chain where a Kāinga Ora senior manager sought legal advice from our in-house legal team
about how a name change could be implemented, should the Government propose a name change. I
am refusing your request for this document under section 9(2)(h) of the Act to maintain legal
professional privilege.
Kāinga Ora also considered the public interest in releasing the full email thread under section 9(1) of
the Act, and has determined that the public interest does not outweigh the need to protect confidential
communications between a solicitor and their client. However, in considering public interest on this
issue, we have decided to provide the following summary of that legal advice:
• Our legal name is “Kāinga Ora – Homes and Communities”, which is set out in our establishing
legislation (the Kāinga Ora–Homes and Communities Act 2019).
• This is in contrast to many other Crown entities, whose establishing legislation only contains an
English name.
• There is nothing preventing Kāinga Ora – Homes and Communities from using a ‘trading
name’ to refer to itself in general communications (as some other Crown entities do), but it
must use its legal name in formal documents such as contracts.
The second document is an email from a Kāinga Ora legal advisor to the Chief Legal Advisor at the
Ministry of Housing and Urban Development. This email is being released to you with some
information withheld under section 9(2)(g)(i) to maintain the ef ective conduct of public affairs through
the free and frank expression of opinions by or between or to Ministers of the Crown or members of an
organisation or officers and employees of any public service agency or organisation in the course of
their duty.
As at 31January 2024, Kāinga Ora has not received any communication from the Minister of Housing
regarding a potential name change.
You have the right to seek an investigation and review by the Ombudsman of my decision on your
request. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or
Freephone 0800 802 602.
Please note that Kāinga Ora proactively releases its responses to official information requests where
possible. Our response to your request may be published at
https:/ kaingaora.govt.nz/publications/official-information-requests/, with your personal information
removed.
Nāku noa, nā
Greg Groufsky
Deputy Chief Executive – Sector Engagement
