Document 1
From:
Easton, Paul
Sent:
Tuesday, 12 March 2024 5:08 pm
To:
Handley, Georgie; Denoual, Hayley; Brightwell, Kathy
Cc:
Locke, Joe
Subject:
RE: RNZ request - ombudsman retirement
Hi Team
Just noting that the Minister’s Office has indicated they will respond to both media queries (RNZ and ZB with the
following.
“Urgent legislative change would have been required in order for Mr Boshier to remain in his position, which the
coalition Government chose not to undertake.”
Ngā mihi,
Paul
From: Easton, Paul
Sent: Tuesday, 12 March 2024 2:30 pm
To: Handley, Georg
ie <[email address]>; Denoual, Hayle
y <[email address]>;
Brightwell, Kathy
<[email address]>
Cc: Locke, Joe
<[email address]>
Subject: RE: RNZ request - ombudsman retirement
Thanks Georgie
Do we know if the AM mentioned Boshier’s impending retirement or was it more general? IE was it framed around
that?
We will progress to the Minister’s Office and see if they add some details.
Ngā mihi,
Paul Easton
Principal Media Advisor
| Communications Services
Ministry of Justice
| Tāhū o te Ture
s9(2)(a)
[email address]
| justice.govt.nz
From: Handley, Georgie
<[email address]>
Sent: Tuesday, 12 March 2024 2:20 pm
To: Easton, Paul
<[email address]>; Denoual, Hayley
<[email address]>; Brightwell,
Kathy
<[email address]>
1
Cc: Locke, Joe
<[email address]>
Subject: RE: RNZ request - ombudsman retirement
Hi
Please find below bul et points in response to the request from RNZ. They can be attributed to Kathy
Any questions please let me know
Thanks
Georgie
• Under the Ombudsmen Act 1975 (the Act) ombudsmen are appointed by the Governor-General on the
recommendation of the House of Representatives. In practice the Officers of Parliament Committee makes
a recommendation to the House.
• The Ministry of Justice administers the Act but has no role in appointing ombudsmen.
• Under the Act, ombudsmen must retire upon reaching the age of 72.
• The Minister of Justice asked the Ministry, as administrators of the Act, for information on the retirement
age provisions in the Act, and initial advice on any possible amendment to the Act to amend the retirement
age provision.
• The Ministry provided an aide memoire to the Minister on 23 February 2024.
• This aide memoire provided information on the relevant sections in the Act, and also how the compulsory
retirement provision for the ombudsman compared with the rules for other Officers of Parliament and the
judiciary.
• The aide memoire also contained advice on a possible process for amending the Act to amend or remove
the compulsory retirement provision, should the Government wish to do so.
It is not clear to us what happened after we provided the AM, and suggest that the MO provide any additional
bul ets on this point, if required,
From: Easton, Paul
<[email address]>
Sent: Tuesday, 12 March 2024 1:22 pm
To: Denoual, Hayley
<[email address]>; Brightwell, Kathy
<Kathy.Brightwel @justice.govt.nz>
Cc: Locke, Joe
<[email address]>; Handley, Georgie
<[email address]>
Subject: RE: RNZ request - ombudsman retirement
Hi here is the text from Raj;
2
Thanks
Paul
From: Denoual, Hayley
<[email address]>
Sent: Tuesday, 12 March 2024 1:17 pm
To: Easton, Paul
<[email address]>; Brightwell, Kathy
<[email address]>
Cc: Locke, Joe
<[email address]>; Handley, Georgie
<[email address]>
Subject: RE: RNZ request - ombudsman retirement
Thanks Paul – we’l get a couple of lines through to you later this pm.
Can you share please what Rajesh has already sent through, so we can incorporate that into a single response?
Hayley
Hayley Denoual (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Democracy and Open Government |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture
s9(2)(a)
Justice Centre | 19 Aitken Street
[email address] | justice.govt.nz
‘Chat with me on Teams’
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own
working hours.
From: Easton, Paul
<[email address]>
Sent: Tuesday, 12 March 2024 1:12 pm
To: Brightwell, Kathy
<Kathy.Brightwel @justice.govt.nz>; Denoual, Hayley
<[email address]>
Cc: Locke, Joe
<[email address]>
Subject: FW: RNZ request
Importance: High
Hi both
3
You may be aware of this query, which came in last night.
The story has now run but we still need to get a response ready.
Chief Ombudsman Peter Boshier forced to resign due to age-limit law | RNZ News
Rajesh is aware and has briefed Joe by text. Could we please get a brief response ready 4pm, we will then share it
with the Minister’s Office.
Happy to discuss.
Ngā mihi,
Paul Easton
Principal Media Advisor
| Communications Services
Ministry of Justice
| Tāhū o te Ture
s9(2)(a)
[email address]
| justice.govt.nz
From: Giles Dexter
<[email address]>
Sent: Monday, 11 March 2024 7:29 pm
To: Media - Justice
<[email address]>
Subject: RNZ request
Hi Joe,
Giles from RNZ here. Apologies for evening attempts to ring (and evening email), but I was hoping I
might be able to get a response from Justice on something.
The Chief Ombudsman is set to retire this weekend because the 1975 Act sets out he must do so
upon turning 72.
Can you please let me know whether Justice officials were asked to look at changing the Act, and if
so, what was the conclusion they reached?
Many thanks,
Giles.
Giles Dexter | Political Reporter, Press Gallery
RNZ, PO Box 123, Wel ington, New Zealand, 6140
s9(2)(a)
www.rnz.co.nz
4
Emails sent by Radio New Zealand Limited (RNZ) or any related entity, including any attachments, may be
confidential, protected by copyright and/or subject to privilege. If you receive an email from RNZ in error, please
inform the sender immediately, delete it from your system and do not use, copy or disclose any of the information
in that email for any purpose. Emails to/from RNZ may undergo email filtering and virus scanning, including by third
party contractors. However, RNZ does not guarantee that any email or any attachment is secure, error-free or free
of viruses or other unwanted or unexpected inclusions. The views expressed in any non-business email are not
necessarily the views of RN
Z. www.rnz.co.nz
5
Document 2
From:
Denoual, Hayley
Sent:
Tuesday, 12 March 2024 3:41 pm
To:
Easton, Paul; Handley, Georgie; Brightwell, Kathy
Cc:
Locke, Joe; Media - Justice
Subject:
RE: RNZ request - ombudsman retirement
Attachments:
Under the Ombudsmen Act 1975 (the Act) ombudsmen are appoint.docx
Thanks Paul
Fine with me, if Kathy’s okay with these changes.
Hayley
Hayley Denoual (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Democracy and Open Government |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture
s9(2)(a)
Justice Centre | 19 Aitken Street
[email address] | justice.govt.nz
‘Chat with me on Teams’
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own
working hours.
From: Easton, Paul
<[email address]>
Sent: Tuesday, 12 March 2024 3:40 pm
To: Handley, Georg
ie <[email address]>; Denoual, Hayley
<[email address]>;
Brightwell, Kath
y <[email address]>
Cc: Locke, Jo
e <[email address]>; Media - Justic
e <[email address]>
Subject: RE: RNZ request - ombudsman retirement
Hi All
The Minister’s Office requested that we make the lines a bit more high level. Can you please have a look.
Kathy can we attribute them to you?
We’ve suggested we stick to the advice given by MOJ. Questions about what happened next can be referred to the
MO.
Ngā mihi,
Paul
From: Handley, Georgie
<[email address]>
Sent: Tuesday, 12 March 2024 2:35 pm
1
To: Easton, Paul
<[email address]>; Denoual, Hayley
<[email address]>; Brightwell,
Kathy
<[email address]>
Cc: Locke, Joe
<[email address]>
Subject: RE: RNZ request - ombudsman retirement
Hi
Yes the AM specifically mentions Mr Boshier. Here are the relevant paras FYI
1. Section 5(1) of the Act provides that the term of office for an ombudsman is five years. They may
be re-appointed for further terms without limit. However, under section 5(3) an ombudsman must
resign from office on attaining the age of 72 years (unless they are on a temporary appointment).
2. There is currently only one ombudsman appointed by the Governor-General under the Ombudsmen
Act 1975, the Chief Ombudsman, Peter Boshier.
3. Mr Boshier was re-appointed for a second five-year term by the Governor-General with effect from
10 December 2020. He will turn 72 on 16 March 2024, and under the Act is required to resign by this
date.
Let me know if you want anything more, including a full copy of the AM
Thanks
Georgie
From: Easton, Paul
<[email address]>
Sent: Tuesday, 12 March 2024 2:30 pm
To: Handley, Georgie
<[email address]>; Denoual, Hayley
<[email address]>;
Brightwell, Kathy
<[email address]>
Cc: Locke, Joe
<[email address]>
Subject: RE: RNZ request - ombudsman retirement
Thanks Georgie
Do we know if the AM mentioned Boshier’s impending retirement or was it more general? IE was it framed around
that?
We will progress to the Minister’s Office and see if they add some details.
Ngā mihi,
Paul Easton
Principal Media Advisor
| Communications Services
Ministry of Justice
| Tāhū o te Ture
s9(2)(a)
[email address]
| justice.govt.nz
From: Handley, Georgie
<[email address]>
Sent: Tuesday, 12 March 2024 2:20 pm
2
To: Easton, Paul
<[email address]>; Denoual, Hayley
<[email address]>; Brightwell,
Kathy
<[email address]>
Cc: Locke, Joe
<[email address]>
Subject: RE: RNZ request - ombudsman retirement
Hi
Please find below bul et points in response to the request from RNZ. They can be attributed to Kathy
Any questions please let me know
Thanks
Georgie
• Under the Ombudsmen Act 1975 (the Act) ombudsmen are appointed by the Governor-General on the
recommendation of the House of Representatives. In practice the Officers of Parliament Committee makes
a recommendation to the House.
• The Ministry of Justice administers the Act but has no role in appointing ombudsmen.
• Under the Act, ombudsmen must retire upon reaching the age of 72.
• The Minister of Justice asked the Ministry, as administrators of the Act, for information on the retirement
age provisions in the Act, and initial advice on any possible amendment to the Act to amend the retirement
age provision.
• The Ministry provided an aide memoire to the Minister on 23 February 2024.
• This aide memoire provided information on the relevant sections in the Act, and also how the compulsory
retirement provision for the ombudsman compared with the rules for other Officers of Parliament and the
judiciary.
• The aide memoire also contained advice on a possible process for amending the Act to amend or remove
the compulsory retirement provision, should the Government wish to do so.
It is not clear to us what happened after we provided the AM, and suggest that the MO provide any additional
bul ets on this point, if required,
From: Easton, Paul
<[email address]>
Sent: Tuesday, 12 March 2024 1:22 pm
To: Denoual, Hayley
<[email address]>; Brightwell, Kathy
<Kathy.Brightwel @justice.govt.nz>
Cc: Locke, Joe
<[email address]>; Handley, Georgie
<[email address]>
Subject: RE: RNZ request - ombudsman retirement
Hi here is the text from Raj;
3
Thanks
Paul
From: Denoual, Hayley
<[email address]>
Sent: Tuesday, 12 March 2024 1:17 pm
To: Easton, Paul
<[email address]>; Brightwell, Kathy
<[email address]>
Cc: Locke, Joe
<[email address]>; Handley, Georgie
<[email address]>
Subject: RE: RNZ request - ombudsman retirement
Thanks Paul – we’l get a couple of lines through to you later this pm.
Can you share please what Rajesh has already sent through, so we can incorporate that into a single response?
Hayley
Hayley Denoual (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Democracy and Open Government |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture
s9(2)(a)
Justice Centre | 19 Aitken Street
[email address] | justice.govt.nz
‘Chat with me on Teams’
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own
working hours.
From: Easton, Paul
<[email address]>
Sent: Tuesday, 12 March 2024 1:12 pm
To: Brightwell, Kathy
<[email address]>; Denoual, Hayley
<[email address]>
Cc: Locke, Joe
<[email address]>
Subject: FW: RNZ request
Importance: High
Hi both
4
You may be aware of this query, which came in last night.
The story has now run but we still need to get a response ready.
Chief Ombudsman Peter Boshier forced to resign due to age-limit law | RNZ News
Rajesh is aware and has briefed Joe by text. Could we please get a brief response ready 4pm, we will then share it
with the Minister’s Office.
Happy to discuss.
Ngā mihi,
Paul Easton
Principal Media Advisor
| Communications Services
Ministry of Justice
| Tāhū o te Ture
s9(2)(a)
[email address]
| justice.govt.nz
From: Giles Dexter
<[email address]>
Sent: Monday, 11 March 2024 7:29 pm
To: Media - Justice
<[email address]>
Subject: RNZ request
Hi Joe,
Giles from RNZ here. Apologies for evening attempts to ring (and evening email), but I was hoping I
might be able to get a response from Justice on something.
The Chief Ombudsman is set to retire this weekend because the 1975 Act sets out he must do so
upon turning 72.
Can you please let me know whether Justice officials were asked to look at changing the Act, and if
so, what was the conclusion they reached?
Many thanks,
Giles.
Giles Dexter | Political Reporter, Press Gallery
RNZ, PO Box 123, Wel ington, New Zealand, 6140
s9(2)(a)
www.rnz.co.nz
5
Emails sent by Radio New Zealand Limited (RNZ) or any related entity, including any attachments, may be
confidential, protected by copyright and/or subject to privilege. If you receive an email from RNZ in error, please
inform the sender immediately, delete it from your system and do not use, copy or disclose any of the information
in that email for any purpose. Emails to/from RNZ may undergo email filtering and virus scanning, including by third
party contractors. However, RNZ does not guarantee that any email or any attachment is secure, error-free or free
of viruses or other unwanted or unexpected inclusions. The views expressed in any non-business email are not
necessarily the views of RNZ
. www.rnz.co.nz
6
Document 2 attachment
• Under the Ombudsmen Act 1975 (the Act) ombudsmen are appointed by the Governor-General on the
recommendation of the House of Representatives. In practice the Officers of Parliament Committee makes a
recommendation to the House.
•
Please attribute to Kathy Brightwell, Ministry of Justice General Manager, Civil and Constitutional
Policy;
• The Ministry of Justice administers the Ombudsmen Act 1975 but has no role in appointing ombudsmen.
• Under the Act, ombudsmen must retire upon reaching the age of 72.
• The Minister of Justice asked the Ministry , as administrators of the Act, for information on the retirement age
provisions in the Act, and initial advice on any possible amendment to the Act to amend the retirement age
provision.
• The Ministry provided advice an aide memoire to the Minister on 23 February 2024.
• This provided information on the relevant sections in the Act, and also how the compulsory retirement provision
for the ombudsman compared with the rules for other Officers of Parliament and the judiciary.
• It also contained advice on a possible process for amending the Act to amend or remove the compulsory
retirement provision, should the Government wish to do so.
•
Formatted: Normal, No bullets or numbering
Document 3
From:
Brightwell, Kathy
Sent:
Tuesday, 12 March 2024 2:17 pm
To:
Handley, Georgie
Cc:
Denoual, Hayley
Subject:
RE: RNZ request - due to MO at 4pm today
And yes you can attribute to me
From: Handley, Georgie
<[email address]>
Sent: Tuesday, 12 March 2024 2:13 pm
To: Brightwell, Kathy
<[email address]>
Cc: Denoual, Hayley
<[email address]>
Subject: FW: RNZ request - due to MO at 4pm today
Hi Kathy
We have been asked to provide some bul ets on the work we did on a possible amendment to the Ombudsmen Act
to remove the compulsory retirement age. The bul ets are in response to a request from RNZ (see request below),
and are due at the MO at 4pm today.
Please find these bul ets below for your review. Media has also asked that they are attributed to someone. Could
you let me know if you are happy to have them attributed to you? Or perhaps Rajesh?
• Under the Ombudsmen Act 1975 (the Act) ombudsmen are appointed by the Governor-General on the
recommendation of the House of Representatives. In practice the Officers of Parliament Committee makes
a recommendation to the House.
• The Ministry of Justice administers the Act but has no role in appointing ombudsmen.
• Under the Act, ombudsmen must retire upon reaching the age of 72.
• The Minister of Justice asked the Ministry, as administrators of the Act, for information on the retirement
age provisions in the Act, and initial advice on any possible amendment to the Act to amend the retirement
age provision.
• The Ministry provided an aide memoire to the Minister on 23 February 2024.
• This aide memoire provided information on the relevant sections in the Act, and also how the compulsory
retirement provision for the ombudsman compared with the rules for other Officers of Parliament and the
judiciary.
• The aide memoire also contained advice on a possible process for amending the Act to amend or remove
the compulsory retirement provision, should the Government wish to do so.
It is not clear to us what happened after we provided the AM, and suggest that the MO provide any additional
bul ets on this point, if required,
Thanks
Georgie
From: Easton, Paul
<[email address]>
Sent: Tuesday, 12 March 2024 1:23 pm
1
To: Handley, Georgie
<[email address]>
Subject: RE: RNZ request
Hey
Just email bul ets outlining what MOJ was asked to do and what happened with it. Attributed to someone, maybe
Kathy?
Cheers
Paul
From: Handley, Georgie
<[email address]>
Sent: Tuesday, 12 March 2024 1:16 pm
To: Easton, Paul
<[email address]>
Subject: FW: RNZ request
Importance: High
Hey
I will be working on this media request – are you just looking for email bul ets? Or something more formal?
Thanks
Georgie
From: Denoual, Hayley
<[email address]>
Sent: Tuesday, 12 March 2024 1:14 pm
To: Handley, Georgie
<[email address]>
Subject: FW: RNZ request
Importance: High
Hey – sos but could you draft some quick lines on this?
From: Easton, Paul
<[email address]>
Sent: Tuesday, 12 March 2024 1:12 pm
To: Brightwell, Kathy
<[email address]>; Denoual, Hayley
<[email address]>
Cc: Locke, Joe
<[email address]>
Subject: FW: RNZ request
Importance: High
Hi both
You may be aware of this query, which came in last night.
The story has now run but we still need to get a response ready.
Chief Ombudsman Peter Boshier forced to resign due to age-limit law | RNZ News
Rajesh is aware and has briefed Joe by text. Could we please get a brief response ready 4pm, we will then share it
with the Minister’s Office.
Happy to discuss.
2
Ngā mihi,
Paul Easton
Principal Media Advisor
| Communications Services
Ministry of Justice
| Tāhū o te Ture
s9(2)(a)
[email address]
| justice.govt.nz
From: Giles Dexter
<[email address]>
Sent: Monday, 11 March 2024 7:29 pm
To: Media - Justice
<[email address]>
Subject: RNZ request
Hi Joe,
Giles from RNZ here. Apologies for evening attempts to ring (and evening email), but I was hoping I
might be able to get a response from Justice on something.
The Chief Ombudsman is set to retire this weekend because the 1975 Act sets out he must do so
upon turning 72.
Can you please let me know whether Justice officials were asked to look at changing the Act, and if
so, what was the conclusion they reached?
Many thanks,
Giles.
Giles Dexter | Political Reporter, Press Gallery
RNZ, PO Box 123, Wel ington, New Zealand, 6140
s9(2)(a)
www.rnz.co.nz
Emails sent by Radio New Zealand Limited (RNZ) or any related entity, including any attachments, may be
confidential, protected by copyright and/or subject to privilege. If you receive an email from RNZ in error, please
inform the sender immediately, delete it from your system and do not use, copy or disclose any of the information
in that email for any purpose. Emails to/from RNZ may undergo email filtering and virus scanning, including by third
party contractors. However, RNZ does not guarantee that any email or any attachment is secure, error-free or free
of viruses or other unwanted or unexpected inclusions. The views expressed in any non-business email are not
necessarily the views of RN
Z. www.rnz.co.nz
3
Document 4
From:
Denoual, Hayley
Sent:
Friday, 9 February 2024 5:03 pm
To:
Chhana, Rajesh; Bradey, Paige
Cc:
Lynn, Sarah; Brightwell, Kathy
Subject:
RE: Call from Peter Boshier
Attachments:
Notes on possible Ombudsman Amendment Bill.docx
Kia ora
Further to the exchange below, I’ve attached a draft plan/timeframe for if this work needs to progress urgently. It
will need Minister/PMO and Business Committee support to truncate several Cabinet or House processes.
Action
Timeframes
Letter from Speaker/OPC
Wed 14 Feb
Cabinet - oral item (policy approval
Mon 19 Feb
(*permission needed from Cab Office)
Issue drafting instructions
Tue 20 Feb
Drafting bill
20-23 Feb
BORA vetting
26-29 Feb
Min consult on draft bill/LEG paper
26 -28 Feb
(inc. with OPC/x-party?)
Lodge
Thur 29 Feb
Cabinet
Mon 4 Mar
Intro
Between 5 – 7 March (al sessions under urgency?)
1R
COWH
3R
Royal assent
Mon 11 March
Kathy and I propose to have an initial heads-up conversation with s9(2)(a) about this on Monday, and we can start
prepping the necessary deliverables next week, s9(2)(g)(i)
.
Nga mihi
Hayley
Hayley Denoual (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Electoral and Constitutional Policy |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture
s9(2)(a)
Justice Centre | 19 Aitken Street
[email address] | justice.govt.nz
‘Chat with me on Teams’
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own
working hours.
1
From: Brightwell, Kathy
<Kathy.Brightwel @justice.govt.nz>
Sent: Friday, 9 February 2024 3:21 pm
To: Kibblewhite, Andrew
<[email address]>
Cc: Chhana, Rajesh
<[email address]>; Bradey, Paige
<[email address]>; Lynn, Sarah
<[email address]>; Denoual, Hayley
<[email address]>
Subject: Re: Call from Peter Boshier
Yes we have a plan and a timeline ready that I can send to you if you would like
Kathy
Sent from my iPhone
On 9/02/2024, at 8:54 AM, Kibblewhite, Andrew
<[email address]> wrote:
Kia ora kōrua. Peter B cal ed to update me on progress with the possible legislative change to the
provisions surrounding the term of the ombudsman. He emphasised Bridget Hewson (Dep Omb) is
handling to avoid that obvious conflict. s9(2)(g)(i)
Do either of you see problems with where we are at? Have we thought through the legislative
amendment options?
Ngā mihi
Andrew
Andrew Kibblewhite (he/him) | Secretary for Justice and Chief Executive
Ministry of Justice | Tāhū o te Ture
Justice Centre, 19 Aitken Street, Wel ington
www.justice.govt.nz
Please consider the environment before printing this e-mail
2
Document 4 attachment
NOT GOVERNMENT POLICY: INTERNAL USE ONLY
Notes on possible Ombudsman Amendment Bil
Legislative Background
• Ombudsmen are appointed by the Governor-General on the recommendation of the House
of Representatives (section 7(2)). In practice, the Officers of Parliament Committee (OPC)
leads the appointment process and makes a recommendation to the House; the Office of the
Clerk is responsible for supporting this process (and they have advised that it is usually
undertaken by an executive recruitment agency).
• Section 5(1) of the Ombudsmen Act 19751 (the Act) provides that the term of office for an
ombudsman is 5 years. They may be re-appointed for further terms without limit.
• Section 5(2) provides that, despite this 5 year term, an ombudsman may continue to hold
office until their successor is appointed – unless their office becomes vacant sooner (e.g.
due to death, resignation, or removal from office).
• Section 5(3) provides that an ombudsman may resign by giving notice to the speaker. The
section further provides that an ombudsman must resign from office on attaining the age of
72 years (unless they are on a temporary appointment).
• This retirement age limit appears to have been inserted when the 1975 Act was introduced;
it was not part of the original 1962 Act that established the office of Ombudsman as a
Parliamentary Commissioner. There is no retirement age limit for the other two Officers of
Parliament – viz. the Parliamentary Commissioner for the Environment 2 or the Auditor-
General.3
• Section 8 provides for the temporary appointment of ombudsman to cover for any illness of
absence of another ombudsmen, or for “any other temporary purpose”. Before such an
appointment, the Chief Ombudsman must certify his opinion that it is necessary for the due
conduct of business that an additional ombudsman be temporarily appointed.
• A temporary appointment made due to il ness or absence of another ombudsman is held
during the Governor-General’s pleasure; temporary appointments for any other reason can
be for no longer than 2 years. The process for appointment of a temporary ombudsman is
the same as for any ombudsman, e.g. appointment by the Governor-General on the
recommendation of the House of Representatives.
Current situation
• There is currently only one ombudsman appointed by the Governor-General under the Act –
the Chief Ombudsman, Peter Boshier.
1 Ombudsmen Act 1975
2 Environment Act 1986 – section 6
3 Public Audit Act 2001 – clause 1, schedule 3
NOT GOVERNMENT POLICY: INTERNAL USE ONLY
• Mr Boshier was re-appointed for his second five-year by the Governor-General with effect
from 10 December 20204.
• Mr Boshier will turn 72 on 16 March 2024, and so under section 5(3) of the Act, is required
to resign his office.
Possible options
Non-legislative
• Officers of Parliament Committee (OPC) and the House to recommend one or more new
ombudsman be appointed under section 7. Ideally they would assume office on or before 16
March 2024; otherwise there would be a period with no ombudsman. It is unclear what
happens at this point as the Act doesn’t contemplate no ombudsman being in place). The
new ombudsman would have a five-year term.
• It is possible the Officers of Parliament Committee/House could appoint a temporary
ombudsman under section 8 while they undertake a longer-term recruitment process. This
may, however, create an issue after 16 March when Mr Boshier resigns as the “temporary”
ombudsman would no longer be an “additional” ombudsman. Furthermore, under section
3(4) one of the ombudsman must be appointed Chief Ombudsman – so if there is only one
temporary ombudsman they would, by default, become the Chief Ombudsman.
Legislative
• Amend the Act to remove the requirement to retire at a particular age s9(2)(g)(i)
s9(2)(g)(i)
• Amend the Act to remove the requirement to retire at a particular age, but also provide that
the House could choose a term of appointment that is less than 5 years (say 3-5 years) so
that if it chooses to appoint someone older it doesn’t have to be for 5 years s9(2)(g)(i)
s9(2)(g)(i)
• Amend the Act to provide that the incumbent must resign, but can remain in office,
notwithstanding the retirement age, until a new appointment is made s9(2)(g)(i)
s9(2)(g)(i)
s9(2)(a)
4 Reappointment of Ombudsman - 2020-ps2488 - New Zealand Gazette and
Hansard – 7 May 2020: Appointments - New Zealand Parliament
(www.parliament.nz)
NOT GOVERNMENT POLICY: INTERNAL USE ONLY
Deliverables and timing for legislative options
Assumptions:
•
Bill must be enacted/commence by 15 March 2024 - so must complete 3R by 7 March.
•
Min consult will include all parties (maybe via OPC) so cross-party support for bill is obtained
before intro
•
Cabinet oral decisions for policy approvals and approval to draft - item straight to Cabinet
•
Bill will need urgency for one or more stages - likely approach will be to afford urgency and
complete all stages in one session.
o This therefore assumes no Select Committee stage (and so no 2R)
Action
Timeframes
Letter from Speaker/OPC
Wed 14 Feb
Cabinet - oral item (policy
Mon 19 Feb
approval
(*permission needed from Cab Office)
Issue drafting instructions
Tue 20 Feb
Drafting bill
20-23 Feb
BORA vetting
26-29 Feb
Min consult on draft bill/LEG
26 -28 Feb
paper
(inc. with OPC/x-party?)
Lodge
Thur 29 Feb
Cabinet
Mon 4 Mar
Intro
Between 5 – 7 March (al sessions under urgency?)
1R
COWH
3R
Royal assent
Mon 11 March
*Min Goldsmith away 22 and 23 Feb; Min Mitchell acting
Deliverables
• Cabinet paper – oral item and approval to draft
• RIA - may be able to get exemption?
• Drafting Instructions
• BORA vet
• LEG paper
• AM for LEG
• Disclosure statement
• Legislative statement
• House Pack – 1R, Q&As and 3R speeches
Document 5
From:
Chhana, Rajesh
Sent:
Wednesday, 24 January 2024 5:12 pm
To:
Brightwell, Kathy; Kibblewhite, Andrew
Cc:
Bradey, Paige; Wilkie, Ruth; Denoual, Hayley
Subject:
RE: Ombudsman term of appointment: –
s9(2)(h)
Also, this is one where formality is our friend.
While we have had informal heads up from PCO and the Chief Ombudsman, the Speaker and Officers of Parliament
Committee are responsible for the appointment and operation of the Ombudsman while the Minister is responsible
for the administration of the Act.
s9(2)(g)(i)
From: Brightwel , Kathy
<Kathy.Brightwel @justice.govt.nz>
Sent: Wednesday, 24 January 2024 2:01 pm
To: Kibblewhite, Andrew
<[email address]>; Chhana, Raje
sh <[email address]>
Cc: Bradey, Paige
<[email address]>; Wilkie, Ruth
<[email address]>; Denoual, Hayley
<[email address]>
Subject: RE: Ombudsman term of appointment: –
s9(2)(h)
Thanks Andrew, we are aware of the issue as the Speaker has been in touch with PCO (who then gave us an informal
heads up last Wednesday). s9(2)(g)(i)
This would be a
relatively straightforward change and we could do it within the required by 16 March. But one or more stages would
need to be done under urgency and there wouldn’t be a select committee process. PCO would need to prioritise it
so could affect drafting of other legislation (eg 100 day plan)
Would you like some talking points for your discussion with the Minister?s9(2)(g)(i)
Ngā mihi
Kathy
From: Kibblewhite, Andrew
<[email address]>
Sent: Wednesday, 24 January 2024 1:45 pm
To: Chhana, Rajesh
<[email address]>; Brightwel , Kathy
<Kathy.Brightwel @justice.govt.nz>
Cc: Bradey, Paige
<[email address]>; Wilkie, Ruth <[email address]>
Subject: FW: Ombudsman term of appointment: –
s9(2)(g)(i)
So this is an interesting one, please keep confidential. Peter rang me yesterday to give me a heads up and then
forwarded through this email s9(2)(g)(i)
Ngā mihi
Andrew
1
From: Peter Boshier
<[email address]>
Sent: Tuesday, 23 January 2024 1:49 pm
To: Kibblewhite, Andrew
<[email address]>
Cc: David Cochrane
<[email address]>; Bridget Hewson
<[email address]>
Subject: Ombudsman term of appointment: –
s9(2)(h)
You don't often get email fro
m [email address]. Learn why this is important
Good afternoon Andrew
I turn 72 on 16 March 2024. By statute I must then resign. After last year's election and the appointment of a
Speaker I consulted the Deputy clerk and then saw the Speaker (along with my deputy ombudsman) in late
December. My object was to alert the Speaker to the situation so that recruitment of a replacement Chief
ombudsman would be on his radar.
s9(2)(g)(i)
As it is the Ministry of Justice which administers the act I felt it was courteous for me to raise with you, as Secretary
for Justice some issues and some solutions. s9(2)(g)(i)
s9(2)(g)(i)
2
s9(2)(g)(i)
s9(2)(h)
I aim to contact the Speaker later this week just in order to ensure that things are moving. There is not a great deal
of time.
Best regards
Peter
Peter Boshier
Chief Ombudsman
Office of the Ombudsman | Tari o te Kaitiaki Mana Tangata
s9(2)(a)
Email [email address]
| www.ombudsman.parliament.nz
PO Box 10152, Level 7, SolNet House, 70 The Terrace, Wellington
IMPORTANT: The information contained in this email may be confidential. It is intended solely for the recipient or
recipients named in this message. Please note that if you are not the intended recipient you are not authorised to
use, copy or distribute the email or any information contained in it. If you have received this email in error, please
advise the sender immediately and destroy the original message and any attachments.
IMPORTANT: The information contained in this email may be confidential. It is intended solely for the recipient or
recipients named in this message. Please note that if you are not the intended recipient you are not authorised to
use, copy or distribute the email or any information contained in it. If you have received this email in error, please
advise the sender immediately and destroy the original message and any attachments.
4
Document 6
Connell, Elisha
From:
Denoual, Hayley
Sent:
Friday, 23 February 2024 2:57 pm
To:
s9(2)(a)
Cc:
s9(2)(a)
[email address]; Chhana, Rajesh; Brightwell, Kathy; Crooke, David;
Handley, Georgie; Connell, Elisha; Kibblewhite, Andrew
Subject:
RE: Ombudsmen Act 1975 - retirement provisions
Attachments:
AM - Potential Amendment to the Ombudsmen Act 1975.pdf
Kir ora s9(2)(a)
Slightly update AM, as requested
Thanks
Hayley
Hayley Denoual (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Electoral and Constitutional Policy |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture
s9(2)(a)
Justice Centre | 19 Aitken Street
[email address] | justice.govt.nz
‘Chat with me on Teams’
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own
working hours.
From: s9(2)(a)
Sent: Friday, 23 February 2024 2:20 pm
To: Denoual, Hayley <[email address]>
Cc: s9(2)(a)
[email address]; Chhana, Rajesh
<[email address]>; Brightwell, Kathy
<Kathy.Brightwel @justice.govt.nz>; Crooke, David
<[email address]>; Handley, Georgie
<[email address]>; Connel , Elisha
<Elisha.Connel @justice.govt.nz>; Kibblewhite, Andrew
<[email address]>
Subject: RE: Ombudsmen Act 1975 - retirement provisions
Hi Hayley
We require 2 small changes to this paper urgently
1. Can it make it clear that the paper is going direct to Cabinet (not committee)
2. Can we please add in a short section about how this compares to judges retirement and whether this sets
any kind of precedent – i.e. is this likely to influence future conversations about whether the 72 limit should
remain for judges.
Sorry we need this ASAP – ideally by 3pm
s9(2)(a)
Private Secretary – Justice | Office of Hon Paul Goldsmith
Minister for Arts Culture and Heritage | Minister of Justice
Minister for State Owned Enterprises | Minister for Treaty of Waitangi Negotiations
1
s9(2)(a)
s9(2)(a)
| www.beehive.govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
Authorised by Hon Paul Goldsmith, Parliament Buildings, Wellington
From: s9(2)(a)
Sent: Friday, 23 February 2024 2:09 PM
To: Denoual, Hayley <[email address]>
Cc: s9(2)(a)
[email address]; Chhana, Rajesh
<[email address]>; Brightwell, Kathy
<[email address]>; Crooke, David
<[email address]>; Handley, Georgie
<[email address]>; Connell, Elisha
<[email address]>; Kibblewhite, Andrew
<[email address]>
Subject: RE: Ombudsmen Act 1975 - retirement provisions
Thanks so much! This is extremely helpful
s9(2)(a)
Private Secretary – Justice | Office of Hon Paul Goldsmith
Minister for Arts Culture and Heritage | Minister of Justice
Minister for State Owned Enterprises | Minister for Treaty of Waitangi Negotiations
s9(2)(a)
| www.beehive.govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
Authorised by Hon Paul Goldsmith, Parliament Buildings, Wellington
From: Denoual, Hayley
[mailto:[email address]]
Sent: Friday, 23 February 2024 2:03 PM
To: s9(2)(a)
Cc: s9(2)(a)
[email address]; Chhana, Rajesh
<[email address]>; Brightwell, Kathy
<[email address]>; Crooke, David
<[email address]>; Handley, Georgie
<[email address]>; Connell, Elisha
<[email address]>; Kibblewhite, Andrew
<[email address]>
Subject: Ombudsmen Act 1975 - retirement provisions
Kia ora s9(2)(a)
Further to our telephone call this morning, please find attached a short AM with information on the retirement age
provisions in the Ombudsmen Act 1975 (the Act), which require an ombudsman to resign upon reaching the age of
72.
Please call me if you need anything further at this stage
Nga mihi
Hayley
Hayley Denoual (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Electoral and Constitutional Policy |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture
s9(2)(a)
2
Justice Centre | 19 Aitken Street
[email address] | justice.govt.nz
‘Chat with me on Teams’
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own
working hours.
3
Document 6 attachment
Potential Amendment to Ombudsmen Act 1975
Hon Paul Goldsmith, Minister of Justice
23 February 2024
Purpose
1. You have asked for information on the retirement age provisions in the Ombudsmen
Act 1975 (the Act), which require an ombudsman to resign upon reaching the age of
72. This note provides information on a possible amendment to the Act to remove the
retirement age provision, and the potential situation if no such amendment is made.
Background context
2. The Act provides that ombudsmen are appointed by the Governor-General on the
recommendation of the House of Representatives. In practice, the Officers of
Parliament Committee leads the appointment process and makes a recommendation
to the House; the Of ice of the Clerk is responsible for this process.
3. Section 5(1) of the Act provides that the term of office for an ombudsman is five years.
They may be re-appointed for further terms without limit. However, under section 5(3)
an ombudsman must resign from office on attaining the age of 72 years (unless they
are on a temporary appointment).
4. There is currently only one ombudsman appointed by the Governor-General under the
Ombudsmen Act 1975, the Chief Ombudsman, Peter Boshier.
5. Mr Boshier was re-appointed for a second five-year term by the Governor-General with
effect from 10 December 2020. He wil turn 72 on 16 March 2024, and under the Act
is required to resign by this date.
Progressing an amendment to the Act
6. An urgent amendment could be made to the Act to remove the requirement to retire at
a particular age. This would be consistent with other Officers of Parliament and is likely
to be the most BORA-compliant approach.1
7. Removing the mandatory retirement age for an ombudsman may raise the question of
the mandatory retirement age for Judges, which is currently set at the age of 70 under
section 28 of the District Court Act 2016. However, in our view the respective situations
are not entirely analogous. Once appointed, a judge holds office until they resign,
retire, or are removed from office by the Governor-General on grounds of inability or
misbehaviour. There is, therefore, a justification for having a statutory retirement age
in these circumstances.
8. An ombudsman is an Officer of Parliament, and so derives their status indirectly from
Parliament. The term of office for an ombudsman is five years. Parliament may choose
to recommend re-appointment for one or more further five-year terms. The rigorous
appointment process provides Parliament with an opportunity to regularly consider
their expectations from an ombudsman serving as an Officer of Parliament.
1 There is no retirement age limit for the other two Officers of Parliament – viz. the Parliamentary Commissioner
for the Environment or the Auditor-General
Authorised by Hayley Denoual, Policy Manager, Electoral and Constitutional Policy
9. An alternative approach could be to amend the Act to provide that an ombudsman
must still resign at age 72, but can remain in office, notwithstanding the retirement age,
until a new appointment is made. This option is similar to other provisions in the Act
(for example, when an ombudsman’s warrant expires). However, it could create an
oddity that the Act would require resignation at a particular age, but the incumbent
could then continue in office for an unspecified amount of time. Given the constrained
timeframes, and the additional policy and drafting complexities of this option, we do
not recommend this approach.
Timeframes for progressing a bill under urgency:
10. In order to make the amendment in time, any Bil wil need to be enacted before 15
March 2024. This wil likely mean that the Bil wil need to progress through all
necessary House stages under urgency, with no select committee consideration. A
proposed timeline is set out below:
Action
Timeframes
Bill drafted by PCO
Monday 26 February 2024
BORA vetting by Crown Law
Tuesday 27 to Thursday 29 February
Draft Bill and LEG paper to
Tuesday 27 February
Minister
Ministerial consultation on draft Wednesday 28 – Thursday 29 February
Bil and LEG paper
Lodge LEG paper
Friday 1 March
*Need permission for late lodgement
Cabinet
Mon 4 March
*straight to Cabinet; no LEG Committee
Introduction
Between Tuesday 5 and Thursday 7 March
First Reading
*no select commit or second reading; all
Committee of the whole House
sessions under urgency
Third Reading
Royal assent
Mon 11 March
Potential situation if no legislative amendment is made
11. If the Act is not amended Mr Boshier will have to resign by 16 March 2024.
12. It is the responsibility of the Officers of Parliament Committee and the House to
recommend new appointments under section 7 of the Act. It seems unlikely that this
could now occur before 16 March 2024. The Act does not anticipate there being no
ombudsman in place, so it is unclear what would happen at this stage.
13. We note that section 8 of the Act provides for the temporary appointment of an
ombudsman to cover for any il ness or absence of another ombudsman, or for “any
other temporary purpose”. Before such an appointment, the Chief Ombudsman must
certify his opinion that it is necessary for the due conduct of business that an additional
ombudsman be temporarily appointed.
14. A temporary appointment made due to il ness or absence of another ombudsman is
held during the Governor-General’s pleasure; temporary appointments for any other
reason can be for no longer than 2 years. The process for appointment of a temporary
ombudsman is the same as for any ombudsman, that is, appointment by the Governor-
General on the recommendation of the House of Representatives.
15. It is possible the Officers of Parliament Committee/House could appoint a temporary
ombudsman under section 8 of the Act while they undertake a longer-term recruitment
process. This may, however, create an issue after 16 March when Mr Boshier resigns,
as the “temporary” ombudsman would no longer be an “additional” ombudsman.
16. It is not clear that the Act contemplated this provision being used to appoint the only
ombudsman. Furthermore, under section 3(4) of the Act, an ombudsman must be
appointed Chief Ombudsman, meaning that if there is only one temporary ombudsman
they might, by default, become the Chief Ombudsman. However, they could only be
remunerated at the rate established for an ombudsman. The Speaker may wish to
seek advice on legal efficacy of using this provision in this way, prior to any
appointment being made.
Document 7
From:
Denoual, Hayley
Sent:
Monday, 12 February 2024 11:57 am
To:
s9(2)(a)
Cc:
s9(2)(a)
; Handley, Georgie; Brightwell, Kathy; Chhana, Rajesh
Subject:
Timetable for potential bill re: ombudsman retirement age
Kia ora s9(2)(a)
Further to our tele-con earlier, this is a draft plan/timeframe for any work that may be required to pass a bill re: the
ombudsman retirement age, if this work needs to progress urgently. Mr Boshier will turn 72 on 16 March 2024, and
so under section 5(3) of the Ombudsman Act, is required to resign his office at that point.
Action
Timeframes
Letter from Speaker/OPC
Wed 14 Feb
Draft LEG bid to MO
Thur 15 Feb
Cabinet - oral item (policy approval
Mon 19 Feb
(*permission needed from Cab Office)
Issue drafting instructions
Tue 20 Feb
Drafting bill
20-23 Feb
BORA vetting
26-29 Feb
Min consult on draft bill/LEG paper
26 -28 Feb
(inc. with OPC/x-party?)
Lodge
Thur 29 Feb
Cabinet
Mon 4 Mar
Intro
Between 5 – 7 March (al sessions under urgency?)
1R
COWH
3R
Royal assent**
Mon 11 March
**Bill must be enacted/commence by 15 March 2024 - so must complete 3R by 7 March.
We can start prepping the necessary deliverables this week, including a LEG bid in anticipation of any s9(2)(g)(i)
s9(2)(g)(i)
Nga mihi
Hayley
Hayley Denoual (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Electoral and Constitutional Policy |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture
s9(2)(a)
Justice Centre | 19 Aitken Street
[email address] | justice.govt.nz
‘Chat with me on Teams’
1
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own
working hours.
2
Document 8
Connell, Elisha
From:
Handley, Georgie
Sent:
Tuesday, 13 February 2024 1:06 pm
To:
Connell, Elisha
Subject:
FW: Proposal 912: Exemption Requested
Importance:
Low
Follow Up Flag:
Follow up
Flag Status:
Flagged
FYI
From: RIA Onl
ine <[email address]>
Sent: Tuesday, 13 February 2024 1:05 pm
To: Handley, G
eorgie <[email address]>
Subject: Proposal 912: Exemption Requested
Importance: Low
You have successfully requested an exemption for your proposal: Amendments to the Ombudsmen Act -
Retirement Age.
You will be notified when the RIA team has responded to your exemption request. To view or amend your
exemption request in the meantime, click the link to you proposal below.
https://cass.sharepoint.com/sites/riaonline/_layouts/15/listform.aspx?PageType=4&ListId=c5470469%2Dcbf9%2D4
a56%2Daccd%2D20a990fa3656&ID=912&ContentTypeID=0x0100802DE4B32DBB5F43A1C01B8BBB7F42730010751
AEE4992154481D0B53C55FB969E
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended only for the addressee(s). If you are not an intended addressee:
a. please immediately delete this email and notify the Treasury by return email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited and may be unlawful.
1
Document 9
From:
Handley, Georgie
Sent:
Tuesday, 13 February 2024 1:22 pm
To:
Connell, Elisha
Subject:
FW: Proposal 912: Exemption granted
Importance:
Low
Follow Up Flag:
Follow up
Flag Status:
Flagged
FYI – exemption granted
From: RIA Onli
ne <[email address]>
Sent: Tuesday, 13 February 2024 1:21 pm
To: Handley, Georg
ie <[email address]>
Subject: Proposal 912: Exemption granted
Importance: Low
A response has now been provided for the exemption request relating to your proposal: Amendments to the
Ombudsmen Act - Retirement Age
Thank you for submitting this exemption application. Based on the information provided, the RIA team considers
that this proposal is exempt from Cabinet's impact analysis requirements.
Wording to insert in the Impact Analysis Section of the Cabinet paper
The Treasury's Regulatory Impact Analysis team has determined that this proposal is exempt from the requirement
to provide a Regulatory Impact Statement on the grounds that it has no or only minor impacts on businesses,
individuals, and not-for-profit entities.
Conditions on the exemption:
N/A
If you requested an exemption for the entire proposal, it will now be marked as complete. Otherwise, click the link
below to continue to the next step of the RIA process.
https://cass.sharepoint.com/sites/riaonline/_layouts/15/listform.aspx?PageType=4&ListId=c5470469%2Dcbf9%2D4
a56%2Daccd%2D20a990fa3656&ID=912&ContentTypeID=0x0100802DE4B32DBB5F43A1C01B8BBB7F42730010751
AEE4992154481D0B53C55FB969E
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended only for the addressee(s). If you are not an intended addressee:
a. please immediately delete this email and notify the Treasury by return email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited and may be unlawful.
1
2
Document 11
Connell, Elisha
From:
Connell, Elisha
Sent:
Wednesday, 14 February 2024 10:28 am
To:
Denoual, Hayley
Cc:
Handley, Georgie
Subject:
Ombudsmen Amendment Bill - LEG Bid
Hi Hayley,
As discussed, here is the draft LEG Bid for the Ombudsmen Amendment Bill. I’ve added some comments where
further edits might be needed. I was a little unsure of the format in a few places for a bid that falls outside of the
annual request for bids.
Ngā mihi,
Elisha
1
Document 12
From:
Denoual, Hayley
Sent:
Monday, 26 February 2024 7:11 am
To:
s9(2)(a)
Cc:
s9(2)(a)
Handley, Georgie; Connell, Elisha
Subject:
RE: Ombudsmen Act 1975 - retirement provisions
Attachments:
Letter from Minister Goldsmith to AG.docx
Morena s9(2)(a)
Draft letter seeking approval to issue drafting instructions attached.
Please let us know if you need anything further.
Nga mihi
Hayley
Hayley Denoual (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Democracy and Open Government |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture
Mob 027 200 9277
Justice Centre | 19 Aitken Street
[email address] | justice.govt.nz
‘Chat with me on Teams’
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own
working hours.
From: s9(2)(a)
Sent: Friday, 23 February 2024 2:13 pm
To: Denoual, Hayley <[email address]>
Cc: s9(2)(a)
; [email address]; Chhana, Rajesh
<[email address]>; Brightwell, Kathy
<Kathy.Brightwel @justice.govt.nz>; Crooke, David
<[email address]>; Handley, Georgie
<[email address]>; Connel , Elisha
<Elisha.Connel @justice.govt.nz>; Kibblewhite, Andrew
<[email address]>
Subject: RE: Ombudsmen Act 1975 - retirement provisions
Can we please get a letter drafted to the AG seeking approval to issue drafting instructions ahead of a Cabinet
decision? We’d just need this by midday Monday
Thanks again
s9(2)(a)
s9(2)(a)
Private Secretary – Justice | Office of Hon Paul Goldsmith
Minister for Arts Culture and Heritage | Minister of Justice
Minister for State Owned Enterprises | Minister for Treaty of Waitangi Negotiations
DDI: +64 817 9041 M: 027 237 0710
s9(2)(a)
| www.beehive.govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
1
Authorised by Hon Paul Goldsmith, Parliament Buildings, Wellington
From: Denoual, Hayley
[mailto:[email address]]
Sent: Friday, 23 February 2024 2:03 PM
To: s9(2)(a)
Cc: s9(2)(a)
[email address]; Chhana, Rajesh
<[email address]>; Brightwell, Kathy
<[email address]>; Crooke, David
<[email address]>; Handley, Georgie
<[email address]>; Connell, Elisha
<[email address]>; Kibblewhite, Andrew
<[email address]>
Subject: Ombudsmen Act 1975 - retirement provisions
Kia ora s9(2)(a)
Further to our telephone call this morning, please find attached a short AM with information on the retirement age
provisions in the Ombudsmen Act 1975 (the Act), which require an ombudsman to resign upon reaching the age of
72.
Please call me if you need anything further at this stage
Nga mihi
Hayley
Hayley Denoual (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Electoral and Constitutional Policy |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture
Mob 027 200 9277
Justice Centre | 19 Aitken Street
[email address] | justice.govt.nz
‘Chat with me on Teams’
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own
working hours.
2
Document 13
From:
Handley, Georgie
Sent:
Monday, 26 February 2024 4:27 pm
To:
Connell, Elisha
Subject:
RE: Cabinet paper - Ombudsmen Amendment Bill
Follow Up Flag:
Follow up
Flag Status:
Flagged
Thanks Elisha I will have a look when I have a moment.
It would be really useful to have a chat about this work. How about you put in some time for a chat in our diaries
when I am down in Wel ington either Wednesday or Thursday this week?
From: Connel , Elisha
<Elisha.Connel @justice.govt.nz>
Sent: Monday, 26 February 2024 4:21 pm
To: Handley, Georgi
e <[email address]>
Subject: Cabinet paper - Ombudsmen Amendment Bill
Kia ora Georgie,
Here’s the draft cabinet paper for the Ombudsmen Amendment Bil . Thanks in advance for reviewing this and
maybe we could have a quick chat once you’ve had a look as I’m sure there are a few things I can improve for next
time.
Cabinet paper - Ombudsmen Amendment Bill.docx
Thanks,
Elisha
1
Document Outline
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha
- Connell, Elisha