9 February 2024
David Aubergier Rico
[FYI request #25258 email]
Tēnā koe Mr Rico
Thank you for your request to Kāinga Ora – Homes and Communities, dated 28 November 2023,
under the Of icial Information Act 1982 (the Act):
I am writing to request information under the Official Information Act 1982. My request pertains
specifically to the consideration and processes related to changing the name of Kainga Ora –
Homes and Communities to its English equivalent.
Comprehensive Information and Advice: I seek all information and advice, whether in final or
draft form, regarding the potential renaming of Kainga Ora. This should include, but not be
limited to, analyses, reports, memos, and briefings that discuss the implications, rationale, and
processes for such a change.
Various Means of Communication: Please include information conveyed through various
means of communication, including emails, letters, meeting minutes, and any other relevant
forms of correspondence related to this matter.
Internal Documents at Kainga Ora: I request access to all internal documents within Kainga
Ora pertaining to this issue. This should encompass discussions, decisions, and
considerations made within the organization regarding the name change.
Information Shared with Ministers: I am interested in any and all information, including
communications and documents, that have been shared with Ministers regarding the name
change of Kainga Ora in the two months leading up to and including the date of this request.
Organization of Information Provided: I request that the information provided be organized with
a summary, including a cover page that notes the title of each document, its date, and a brief
description. This wil aid in efficiently reviewing and understanding the material provided.
I understand that under the Act, my request should be responded to within 20 working days. If
any part of my request is unclear, or if the information is held by another department or
agency, I would appreciate your assistance in directing this request to the appropriate party.
you can limit your response to document and information created in the 12 months to 20th
December.
I can advise that two documents were found to be within scope of the request, falling into the ‘
Internal
Documents at Kainga Ora’ aspect of your 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) of the Act to maintain the effective 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 31 January 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
