16 May 2024
Percy Whalen
[FYI request #26217 email]
Tēnā koe Percy Whalen,
Official Information Act request
Thank you for your email of 26 March 2024, requesting information about
guidance for staff who make changes to the legislative section of Manuals and
Procedures (Map) and copies of correspondence about changes to Flexi-wage
since 5 February 2024.
I have considered your request under the Official Information Act 1982 (the Act).
Please find my decision set out below.
1. In the Gazette the commencement date for this programme was 15
February 2021. I have not been able to find any authority which
changed the date to 5 February 2024. Confirmation of this authority is
the information I request. https://gazette.govt.nz/notice/id/2021-
go475
Since you wrote, we have corrected the commencement date on our Map website
to reflect commencement of the Flexi-Wage programme (the Programme) from
15 February 2021. Thank you for bringing it to our attention.
As you are aware, the Programme was established and approved under section
101 of the Social Security Act 2018 on 15 February 2021.
Within the Programme, clause 12 requires the Ministry of Social Development
(the Ministry) to review the Programme two years after the date comes into
force. In April 2023, after the review of the programme, the Minister for Social
Development and Employment (the Minister) made minor and technical
improvements to the policy settings for Flexi-wage.
Amendments were made to the Programme through the Flexi-wage Employment
Assistance Amendment 2023, and came into force on 5 February 2024.
2. a copy of all correspondence re the change in 1. above and any other
changes made to this program at the same time and since then.
Your request for all correspondence outlined above is very broad, and substantial
manual collation would be required to locate and prepare all documents within
scope of your request. As such, I refuse your request under section 18(f) of the
The Aurora Centre, 56 The Terrace, PO Box 1556, Wellington
– Telephone 04-916 3300 – Facsimile 04-918 0099
Act. The greater public interest is in the effective and efficient administration of
the public service.
I have considered whether the Ministry would be able to respond to your request
given extra time, or the ability to charge for the information requested. I have
concluded that, in either case, the Ministry’s ability to undertake its work would
still be prejudiced.
However, in keeping with the spirit of the Act, we have provided the following
information we believe is most relevant to your request.
• REP/23/4/341 – Findings from the Flexi-Wage Policy Review (a copy is
attached with this response).
•
https://gazette.govt.nz/notice/id/2023-sl4176?stageDraft
•
https://www.treasury.govt.nz/sites/default/files/2023-08/b23-frs-socdev-
sig-4779876.pdf
•
https://www.treasury.govt.nz/sites/default/files/2023-08/b23-frs-socdev-
tech-4775124.pdf 3. confirmation that this is not a 'consolidated version' despite the
changes that have been
made:https://www.workandincome.govt.nz/map/legislation/welfare-
programmes/flexi-wage-employment-assistance-programme/list-of-
amendments.html
The “Note” column on Map, in respect of “Flexi-Wage Employment Assistance
Amendment 2023” takes its content from the “Explanatory Note” that
accompanies the Amendment Instrument here
https://www.msd.govt.nz/about-
msd-and-our-work/about-msd/legislation/notice-of-change/2023/flexi-wage-
employment-assistance-amendment-2023.html However, please note that neither the Note nor Explanatory Note are a formal
part of the Instrument and are intended only to provide an indication of the
general effect of the amendments. Similarly, the Gazette Notice provides a
general explanation of the effect of the changes – rather than a comprehensive
summary of all changes. The specific amendments can be found within the
Amendment Instrument itself.
4. A copy of any guidance or instructions provided or available for Ministry
staff who make changes to the legislation section of your ‘manuals and
procedures’ system.
Please refer to the attached ‘Legislative instruments in Map’ guidance document
for staff who are updating the legislation section. Please note some links included
in this document are not accessible as they are internal Ministry links.
I will be publishing this decision letter, with your personal details deleted, on the
Ministry’s website in due course.
If you wish to discuss this response with us, please feel free to contact
[MSD request email].
If you are not satisfied with my decision on your request about the Flexi-Wage
programme, you have the right to seek an investigation and review by the
Ombudsman. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or 0800 802 602.
Ngā mihi
pp.
Magnus O’Neill
General Manager
Ministerial and Executive Services
