11 March 2024
James Webb
[FYI request #25797 email]
Ref: OIA OIA-2023/24-0556
Tēnā koe James Webb
Official Information Act request: Minister Reti's conflict of interest
Thank you for your Official Information Act request received on 20 February 2024. You
requested:
“Has Cabinet Office provided advice to the Prime Minister regarding the
Conflict of Interests (real or perceived) of Minister Shane Reti? If so, please
provide the format, number of pieces of advice and date(s) of this advice.
Has Cabinet Office supported Shane Reti with identifying and/or managing
conflicts of interest? If so, please provide a summary of each conflict and the
actions taken to mitigate each conflict.
Has Shane Reti advised a conflict of interest at a Cabinet Meeting and/or
Cabinet Committee? If so, please provide which date(s) this was recorded.”
The Cabinet Office, on behalf of the Prime Minister, supports Ministers in identifying and
managing conflicts of interest that may arise in relation to their portfolios or other
ministerial responsibilities. The Cabinet Of ice met with all Ministers following their
appointment, including Hon Dr Reti, for a confidential discussion about their interests, in
line with standard practice and the guidance in the Cabinet Manual.
Successive Ombudsman have long held the view that Cabinet Office advice to Ministers
is inherently confidential. It is in the public interest that the Cabinet Office can obtain and
assess information about conflicts of interest and provide advice to Ministers on how to
resolve them. Ministers are encouraged to seek advice from the Secretary of the Cabinet
on a confidential basis. Details regarding conflicts of interest are not general y disclosed,
in order to ensure the confidentiality of Cabinet proceedings, to maintain the effective
conduct of public affairs and in some cases to protect personal privacy.
It is also important to the constitutional convention of Cabinet collective responsibility
and to the effective conduct of public affairs that Cabinet discussions are confidential.
For those reasons, Ombudsman have also previously found that Cabinet discussions
are inherently confidential.
4856058
DEPARTMENT OF THE PRIME MINISTER AND CABINET
Te Tari o te Pirimia me te Komiti Matua
Parliament Buildings, Wellington 6011, New Zealand. Telephone: +64 (4) 830 5010.
Email: [email address] www.dpmc.govt.nz
The Cabinet Of ice holds material that falls within scope of your request. Having
considered your request and the information held, I am withholding this information under
the following sections of the Act:
• section 9(2)(a), to protect the privacy of natural persons;
• section 9(2)(ba)(i ), to protect information which is subject to an obligation of
confidence, where the making available of the information would damage the
public interest;
• section 9(2)(f)(ii), to maintain the constitutional conventions for the time being
which protect collective and individual ministerial responsibility;
• section 9(2)(f)(iv), to maintain the constitutional conventions for the time being
which protect the confidentiality of advice tendered by Ministers of the Crown and
officials; and
• section 9(2)(g)(i), to maintain the effective conduct of public affairs through the
free and frank expression of opinions by or between or to Ministers or officials in
the course of their duty.
In making my decision, in accordance with section 9(1) of the Act I have considered
whether the public interest in disclosure outweighs the need to withhold the
information, and I have concluded that it does not.
Every year the Cabinet Office proactively releases some information about the
management of ministerial conflicts in accordance with an agreement with the Of ice of
the Ombudsman. This information covers transfers of responsibility and arrangements
not to receive papers. These annual releases are published on the Department of the
Prime Minister and Cabinet’s website at:
Annual Ministers' interests releases |
Department of the Prime Minister and Cabinet (DPMC)
Information about certain financial and other interests of MPs (including Ministers) is
published on an annual basis in the Register of Pecuniary and Other Specified Interests
of Members of Parliament, available at:
Members' financial interests - New Zealand
Parliament (www.parliament.nz)
You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
This response wil be published on the Department of the Prime Minister and Cabinet’s
website during our regular publication cycle. Typically, information is released monthly,
or as otherwise determined. Your personal information including name and contact
details wil be removed for publication.
Nāku noa, nā
Rachel Hayward
Secretary of the Cabinet
4856058
CABINET OFFICE, PARLIAMENT BUILDINGS, WELLINGTON 6011, NEW ZEALAND
Telephone: +64 (4) 830 5010. Email: [email address]
www.dpmc.govt.nz
