20241011 Tyler Smith Documents.pdf

1982
ACT
INFORMATION
OFFICIAL
THE
UNDER
RELEASED

Document 1
1982
ACT
6 March 2024
Hon Paul Goldsmith
Minister of Justice
HUMAN RIGHTS COMMISSION
Purpose
1.
This paper seeks your approval for the shortlists proposed by an independent
assessment panel for the following Human Rights Commissioner positions:
• Chief Commissioner
• Equal Employment Opportunities CommissionerINFORMATION
• Race Relations Commissioner
Background
2.
The position of Chief Commissioner is vacant following the departure of Professor Paul
Hunt on 13 January 2024 at the conclusion of his five-year term of appointment. The
Race Relations Commissioner position has been vacant since the resignation of
Mr Meng Foon in June 2023. The appointment of the incumbent Equal Employment
Opportunities  (EEO)  Commissioner,  Saunoamaali’i Karanina Sumeo, expired in
October 2023 and remains in force under carry-over
OFFICIAL   provisions.
3.
At your direction all three positions were publicly advertised. Nominations were also
invited from members of Caucus and the leaders of the coalition parties. In addition,
the Ministry wrote to a wide variety of of relevant NGO’s, interest groups and academic
institutions to encourage expressions of interest.
THE
4.
The total number of expressions of interest and nominations was as follows:
• Chief Commissioner
12
• EEO Commissioner
  9
• Race Relations Commissioner   18
5.
In accordance with the established procedures for appointments to the Human Rights
UNDER
Commission (established in accordance with the Paris Principles), you approved the
formation of an independent assessment panel comprising Sir Terrence Arnold, Hon
Christopher Finlayson KC, Mr Paul Rishworth KC and Mrs Lorraine Toki.
6.
The Ministry undertook an initial assessment of the candidates, made against the key
competencies in the position profiles for the three positions together with criteria set
out in the governing legislation. The panel then made its assessment using the same
criteria.
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Document 1
Shortlists
1982
7.
The candidates recommended by the panel for shortlisting are as follows:
Chief Commissioner
s9(2)(a)
ACT
1.
2.
3.
4.
5.
EEO Commissioner
s9(2)(a)
1.
INFORMATION
2.
3.  PACHECO, Dr Gail
Professor of Economics
(Auckland)
Race Relations Commissioner
s9(2)(a)
1.
OFFICIAL
2.
THE
3.
4.
5.
8.
The  full  results of the
UNDER   panel considerations of the candidates are tabulated in
Appendix I.
Next Steps
9.
With your agreement, the panel can now proceed to conduct interviews. It has set
aside the 20th and 21st of March for that task.
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Document 1
10.
The panel wil  provide you with its report as soon as practicable once it has finished
1982
interviewing and conducted any required referee checking.
Recommendations
11.
I recommend that you:
ACT
11.1
Approve the following candidates, who in the assessment of the panel most
fully meet the criteria for appointment as the  Chief  Commissioner, and
should be interviewed:
•
s9(2)(a)
YES / NO
•
YES / NO
•
YES / NO
•
YES / NO
•
YES / NO
11.2
Approve the following candidates, who in the assessment of the panel most
fully meet the criteria for appointment as the EEO Commissioner, and should
be interviewed:
INFORMATION
•
s9(2)(a)
YES / NO
•
YES / NO
•
Dr Gail PACHECO
YES / NO
11.3
Approve the following candidates, who in the assessment of the panel most
fully meet the criteria for appointment as the Race Relations Commissioner,
and should be interviewed:
OFFICIAL
• s9(2)(a)
YES / NO
•
YES / NO
•
  YES / NO
THE
•
YES / NO
•
YES / NO
AGREED / SEEN / NOT AGREED
UNDER
Jeff Orr
Chief Legal Counsel
Hon Paul Goldsmith
Minister of Justice
Date:
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Document 2
1982
ACT
Hon Paul Goldsmith, Minister of Justice
HUMAN RIGHTS COMMISSION
Date
26 March 2024
File reference
MAP 19
Action Sought
Timeframe/Deadline
Your  directions  on the  candidates  to be appointed  to  the
following positions:
• Chief Commissioner
• Equal Employment Opportunities Commissioner
• Race Relations Commissioner.
INFORMATION
Contacts for telephone discussion (if required)
Telephone
1st
Name
Position
(work)
(a/h)
contact
Jeff Orr
Chief Legal Counsel,
494 9755
s9(2)(a)


Office of Legal Counsel
Phil Gini
Senior Advisor, Statutory
494 9730
OFFICIAL
Appointments
Minister’s office to complete
THE
  Noted
  Approved
  Overtaken by events
  Seen
  Withdrawn
  Not seen by Minister
Minister’s office comments
UNDER
RELEASED

Document 2
1982
ACT
26 March 2024
Hon Paul Goldsmith, Minister of Justice
HUMAN RIGHTS COMMISSION
Purpose
1.
This paper attaches for your consideration a report from a panel established to provide
you with an assessment of five candidates for the following positions:
• Chief Commissioner
• Equal Employment Opportunities Commissioner
• Race Relations Commissioner.
Background
INFORMATION
2.
The positions of Chief Commissioner and Race Relations Commissioner are both
currently vacant.
3.
The term of appointment of the Equal Employment Opportunities Commissioner,
Dr Saunoamaali’i Karanina Sumeo, expired in October 2023 but she remains in office
under carry over provisions.  Dr Sumeo is not under consideration for reappointment.
4.
At  your  direction expressions of interest were sought for these  positions  via public
advertising. Nominations were also invited from members of Caucus and the leaders
OFFICIAL
of the coalition parties.
5.
You also approved the establishment of  the assessment panel comprising:
• Sir Terence Arnold (retired Supreme Court Judge) - Chairperson
• Hon Christopher Finlayson KC (barrister/former Attorney-General)
THE
• Paul Rishworth KC (human rights lawyer)
• Lorraine Toki (Iwi Chair Forum representative).
6.
Attached is a report providing an assessment on the candidates shortlisted for these
positions.
Panel report UNDER
7.
The panel has rated each of the candidates under consideration as:
• Highly appointable
(The candidate is assessed as meeting the criteria for
appointment and being well matched to the current needs
of the Commission).
• Appointable
(The candidate is assessed as meeting all or most of the
criteria for appointment)
• Not Recommended
  (The candidate is assessed as not  meeting sufficient
appointment criteria to be a viable appointment option).
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Document 2
8.
The panel’s recommendations are replicated below with provision for you to indicate
your selection.
1982
Next step
9.
Once you have indicated your selection, I propose that reference checking is
completed on the proposed appointee.
ACT
10.
The next step after that wil be to refer a recommendation for the proposed
appointment to the Cabinet Appointments and Honours Committee.
Recommendation
s9(2)(a), s9(2)(g)(i)
INFORMATION
OFFICIAL
THE
APPROVED / SEEN / NOT AGREED
UNDER
Jeff Orr
Chief Legal Counsel
______________________________
Hon Paul Goldsmith
Minister of Justice
Date:
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Document 3
Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T: 04 918 8800 | E: [email address]
W: www.justice.govt.nz
1982
7 June 2024
ACT
Hon Paul Goldsmith
Minister of Justice
HUMAN RIGHTS COMMISSION
Purpose
1.
This paper:
1.1
seeks your direction on the next step(s) to be taken to appoint a new Chief
Commissioner.
1.2
seeks confirmation of your agreement to recommend the appointment of
INFORMATION
Dr Gail Pacheco  as the Equal Employment Opportunities Commissioner
with effect from 7 November 2024.
1.3
attaches  an addendum to the report on the Human Rights Commission
appointments forwarded to you on 26 March 2024.  The update follows the
panel’s interview of Dr Melissa Derby who is under consideration for the
position of Race Relations Commissioner.
Chief Commissioner
OFFICIAL
2.
s9(2)(f)(iv)
3.
You have asked for advice on possible next steps in respect of this position.
THE
4.
s9(2)(g)(i)
5.
I have noted your feedback about the need for the candidate to have broad support
within parliamentary circles, and also your concern that the appointee must be an
able communicator.
UNDER
6.
In this regard to these key concerns, you may wish to review  the panel’s
assessment of Dr Stephen Rainbow. The panel wrote:
s9(2)(g)(i)
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Document 3
s9(2)(g)(i)
1982
ACT
7.
The full report is attached for you reference if required.
s9(2)(g)(i)
9.
The panel report makes the point strongly that a number of the appointment criteria
indicate the role may be more natural y suited to a lawyer, but that is not a
requirement of the legislation.  Two of the last four Chief Commissioners were not
lawyers: Paul Hunt (2019 -23) and David Rutherford (2011 – 2018)  were legally
qualified while Roslyn Noonan (2001 – 2011) and Pamela Jeffries (1993 – 2000)
INFORMATION
were not.
10.
Commissioners do not, or at least should not, give themselves legal advice so the
Chief Commissioner  has  to navigate any legal issues in concert with others.
Dr Rainbow is not a lawyer but he clearly has an able intellect and his experience
as a legislator gives him a useful background for considering legal issues.
11.
I also note that while it would be helpful if the board of the Commission includes a
member with a legal background, the board is able get legal advice from its own
staff or, if necessary, from external lawyers.
OFFICIAL
Equal Employment Opportunities Commissioner
12.
You have previously agreed to recommend Dr Gail Pacheco  as the Equal
Employment Opportunities Commissioner.
THE  s9(2)(a)
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2
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Document 3
s9(2)(a)
1982
s9(2)(f)(iv)
ACT
Race Relations Commissioner
17.
You asked for the panel to interview Dr Melissa Derby for the position of Race Relations
Commissioner. Dr Derby was a late applicant whom you agreed should be interviewed
s9(2)(g)(i)
18.
Arrangements for this interview have been affected by dif iculties in aligning the panel’s
availability with Dr Derby’s availability. This problem has been exacerbated by the fact
s9(2)(a)
19.
The panel has now completed the interview and its report is attached.
Recommendations
INFORMATION
20.
In respect of the Chief Commissioner position, I seek your direction on whether you
now wish to:
20.1
recommend
s9(2)(a)
  for appointment as the Chief YES / NO
Commissioner
OR
20.2
recommend one of the other candidates from the  panel report.  YES / NO
OFFICIAL
OR
20.3
re-advertise
YES / NO
THE
21.
In respect of the Equal Employment Opportunities Commissioner, I ask you to:
21.1
note the arrangement outlined above for
s9(2)(a)



21.2
confirm that you wish to proceed with a recommendation for the  YES / NO
UNDER
appointment of  Dr Gail Pacheco  as the Equal Employment
Opportunities Commissioner with effect from 7 November.
3
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Document 3
22.
In respect of the Race Relations Commissioner, I ask you to:
1982
22.1
note  the attached report from the assessment panel, made
following its interview of Dr Melissa Derby.
22.2
indicate if you wish to recommend Ms Derby for appointment  YES / NO
as Race Relations Commissioner.
ACT
Edrick Child
Acting Chief Legal Counsel
INFORMATION
APPROVED / SEEN / NOT AGREED
OFFICIAL
Hon Paul Goldsmith
Minister of Justice
THE  Date:
UNDER
4
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1982
ACT
INFORMATION
OFFICIAL
THE
UNDER
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Document 4
1982
ACT
Your Excel ency
Appointments of Human Rights Commissioners
I attach papers for the following appointments to the Human Rights Commission to be made
pursuant to section 8 of the Human Rights Act 1993 and section 28 of the Crown Entities Act
2004:
• Dr Stephen Rainbow as the Chief Commissioner
INFORMATION
• Dr Gail Pacheco as the Equal Employment Opportunities Commissioner
• Dr Melissa Derby as the Race Relations Commissioner.
The Human Rights Commission (the Commission) is an independent Crown entity which
works with government and civil society to promote respect for human rights, encourage
harmonious race relations and equal employment opportunities, and to resolve complaints
about discrimination and related issues.
The Commission consists of the Chief Commissioner; and not less than three and not more
than four other Commissioners.
OFFICIAL
The Human Rights Act 1993 requires a Commissioner, other than the Chief Commissioner,
to be appointed to lead the work of the Commission in each of the following priority areas:
(a) disability rights (the Disability Rights Commissioner):
THE
(b) equal employment opportunities (including pay equity) (the Equal Employment
Opportunities Commissioner):
(c) race relations (the Race Relations Commissioner).
Section 31 of the Crown Entities Act 2004, the Act under which these appointments are made,
requires that  before a person is appointed as a member of a statutory entity, the person
must—
(a)
consent in writing to being a member; and
UNDER
(b)
certify that he or she is not disqualified from being a member; and
(c)
disclose to the responsible Minister the nature and extent (including monetary value,
if quantifiable) of all interests that the person has at that time, or is likely to have, in
matters relating to the statutory entity.
I can confirm that the proposed appointees have completed the prescribed requirements of
consent, certification and disclosure.
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Document 4
1982
Dr Rainbow’s career has encompassed a range of roles including Head of Strategy at
Waterfront Auckland, Stakeholder Engagement Manager for Auckland Transport, General
Manager Transport at Auckland City Council, Director of Urban Strategy at Wellington City
Council and National Manager, NZ Historic Places Trust. He is currently a Senior Adviser at
ACT
the Nelson City Council. He served as a Wellington City Council or from 1989 to 1998. He
has been active in promoting LBGT rights and is on the board of NZ Aids.
Dr Pacheco is a Professor of Economics and Director of the NZ Policy Research Institute at
AUT. The majority of her research focuses on utilising linked administrative data to inform
policy debate. She has extensive experience leading large-scale, multi-institutional funded
projects, including work for the Ministry of Business, Innovation and Employment (MBIE),
Ministry of Women, Ministry of Education and Human Rights Commission.
Dr Derby is a senior lecturer at Waikato University, teaching early literacy and human
development. Her primary area of research is early literacy, and in particular, in exploring the
role of whānau in fostering foundational preliteracy skil s. She combines first rate intellectual
ability with an approachable personality. She has a sound of knowledge on the human rights
dimensions of the Treaty of Waitangi and a balanced approach to broader social issues.
INFORMATION
I am satisfied that each of these candidates possess the skil s and attributes required for the
proposed appointment.
Yours sincerely
OFFICIAL
Hon Paul Goldsmith
Minister of Justice
THE
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Document 4
1982
Wel ington ……….. …………………… 2024
ACT
Her Excellency the Governor-General is respectful y advised to  sign, pursuant to
Dr Stephen Laurence RAINBOW
of Mapua, as the Chief Commissioner of the Human Rights Commission for a term of five
years commencing on 11 November 2024, and
Dr Gail Anne PACHECO
of Auckland, as the Equal Employment Opportunities Commissioner for a term of five
years commencing on 11 November 2024, and
Dr Melissa Jane DERBY
INFORMATION
of Tauranga, as the Race Relations Commissioner for a term of five years commencing
on 4 November 2024.
Hon Paul Goldsmith
OFFICIAL
Minister of Justice
Appointed:
THE
Governor-General
UNDER
    /       / 2024
APPOINTMENT OF CHIEF COMMISSIONER
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Document 4
1982
ACT
GOVERNOR-GENERAL
Pursuant to section 8(1)(a) of the Human Rights Act 1993 and section 28(1)(b) of the
Crown Entities Act 2004, I, The Right Honourable Dame Cindy Kiro, Governor-General
of New Zealand hereby appoint:
Dr Stephen Laurence RAINBOW
INFORMATION
of Mapua, as the Chief Commissioner of the Human Rights Commission for a term of five
years commencing on 11 November 2024.
OFFICIAL
Given under the hand of Her Excellency the Governor-General and issued on this
day of 2024.
THE
UNDER
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Document 4
1982
APPOINTMENT OF EQUAL EMPLOYMENT OPPORTUNITIES
COMMISSIONER
ACT
GOVERNOR-GENERAL
Pursuant to sections 8(1)(b) and (1A)(b) of the Human Rights Act 1993 and section
28(1)(b) of the Crown Entities Act 2004, I, The Right Honourable Dame Cindy Kiro,
Governor-General of New Zealand hereby appoint: INFORMATION
Dr Gail Anne PACHECO
of Auckland, as the Equal Employment Opportunities Commissioner for a term of five
years commencing on 11 November 2024.
OFFICIAL
THE
Given under the hand of Her Excellency the Governor-General and issued on this
day of 2024.
UNDER
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Document 4
1982
APPOINTMENT OF RACE RELATIONS COMMISSIONER
ACT
GOVERNOR-GENERAL
Pursuant to sections 8(1)(b) and (1A)(c) of the Human Rights Act 1993 and section
28(1)(b) of the Crown Entities Act 2004, I, The Right Honourable Dame Cindy Kiro,
Governor-General of New Zealand hereby appoint:  INFORMATION
Dr Melissa Jane DERBY
of Tauranga, as the Race Relations Commissioner for a term of five years commencing
on 4 November 2024.
OFFICIAL
THE
Given under the hand of Her Excellency the Governor-General and issued on this
day of                           2024.
UNDER
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Document 4
1982
ACT
Dr Stephen Rainbow
s9(2)(a)

s9(2)(a)

Dear Dr Rainbow
INFORMATION
Chief Commissioner
I am pleased to advise you that Her Excellency the Governor-General has, pursuant to
section 8(1)(a) of the Human Rights Act 1993 and section 28(1)(b) of the Crown Entities Act
2004, appointed you as the Chief Commissioner of the Human Rights Commission for a term
of five years with effect from 11 November 2024.
Attached for your record is the Notice of Appointment as required under the Crown Entities
OFFICIAL
Act 2004.
I am sure the Acting Chief Commissioner, Dr Saunoamaali’i Karanina Sumeo, wil be in touch
with you about arrangements for taking up your appointment.
THE
Please accept my warm congratulations on your appointment and my best wishes for your
work in this challenging and demanding office.
Yours sincerely
UNDER
Hon Paul Goldsmith
Minister of Justice
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Document 4
1982
ACT
Mr Gail Pacheco
s9(2)(a)

s9(2)(a)

INFORMATION
Dear Dr Pacheco
Equal Employment Opportunities Commissioner
I am pleased to advise you that Her Excellency the Governor-General has, pursuant to 8(1)(b)
& (1A)(b) of the Human Rights Act 1993, and section 28(1)(b) of the Crown Entities Act 2004,
appointed you as the Equal Opportunities Commissioner for a term of five years with effect
from 11 November 2024.
Attached for your record is the Notice of Appointment as
OFFICIAL  required under the Crown Entities
Act 2004.
I am sure the Acting Chief Commissioner, Dr Saunoamaali’i Karanina Sumeo, wil  be in touch
with you about arrangements for taking up your appointment.
THE
Please accept my warm congratulations on your appointment and my best wishes for your
work in this challenging and demanding office.
Yours sincerely  UNDER
Hon Paul Goldsmith
Minister of Justice
RELEASED

Document 4
1982
ACT
Dr Melissa Derby
s9(2)(a)

s9(2)(a)

INFORMATION
Dear Dr Derby
Race Relations Commissioner
I am pleased to advise you that Her Excellency the Governor-General has, pursuant to
section 8(1)(b) and (1A)(c) of the Human Rights Act 1993 and section 28(1)(b) of the Crown
Entities Act 2004, appointed you as the Race Relations Commissioner for a term of five years
with effect from 4 November 2024.
Attached for your record is the Notice of Appointment as required under the Crown Entities
OFFICIAL
Act 2004.
I am sure the Acting Chief Commissioner, Dr Saunoamaali’i Karanina Sumeo, wil  be in touch
with you about arrangements for taking up your appointment.
THE
Please accept my warm congratulations on your appointment and my best wishes for your
work in this challenging and demanding office.
Yours sincerely  UNDER
Hon Paul Goldsmith
Minister of Justice
RELEASED

Document 4
1982
ACT
Dr Saunoamaali’i Karanina Sumeo
Te Kāhui Tika Tangata Human Rights Commission
PO Box 6751,
Wellesley Street,
Auckland
[email address]
INFORMATION
Dear Dr Sumeo
Appointment of Commissoners
I am pleased to advise you that Her Excellency the Governor-General has, pursuant to
section 8 of the Human Rights Act 1993 and section 28 of the Crown Entities Act 2004, made
the following appointments:
• Dr Stephen Rainbow as the Chief Commissioner commencing on 11 November 2024
OFFICIAL
• Dr Gail Pacheco as the Equal Employment Opportunities Commissioner commencing on
11 November 2024
• Dr Melissa Derby as the Race Relations Commissioner commencing on 4 November 2024.
THE
Attached for your record are the Notices of Appointment as required under the Crown Entities
Act 2004.
I have asked my officials to provide you with contact details for the new appointees.
I would like to take this opportunity to thank you for your service in leading the Commission’s
work in the area of Equal Employment Opportunities. In particular, I acknowledge your efforts
UNDER
in supporting gender pay equity and the rights of workers in the Recognised Seasonal
Employer Scheme.
I also want to acknowledge your very considerable support in shouldering the roles of Acting
Chief Commissioner and Acting Race Relations Commissioner over much of the past year.
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Document 4
1982
Please accept my best wishes for the future.
ACT
Yours sincerely
Hon Paul Goldsmith
Minister of Justice
INFORMATION
OFFICIAL
THE
UNDER
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Document 7
In Confidence
1982
Office of the Minister of Justice
WELLINGTON
ACT
Chair, Appointments and Honours Committee
HUMAN RIGHTS COMMISSION APPOINTMENTS
Proposal
1.
That Cabinet Committee notes the intention of the Minister of Justice, Hon Paul
Goldsmith, to recommend to the Governor-General the following appointments to
the Human Rights Commission:
1.1  the appointment of Dr Stephen Rainbow as the Chief Commissioner for term
of five years
1.2  the appointment of Dr Gail Pacheco as the Equal Employment Opportunities
Commissioner for a term of five years
INFORMATION
1.3  the appointment of Dr Melissa Derby as the Race Relations Commissioner
for a term of five years.
Reason for Proposal
2.
The  positions  of Chief Commissioner and Race Relations Commissioner are
currently vacant and the term of appointment of the Equal Employment
Opportunities Commissioner, Dr Saunoamaali’i Karanina Sumeo,  expired in
October 2023. (Dr Sumeo remains in office under carry over provisions but is not
under consideration for reappointment).
OFFICIAL
Background
3.
The Commission is an independent Crown entity established under the Human
Rights Act 1993 (the Act).
THE
4.
The Commission works with Government and civil society to promote respect for
human rights, encourage harmonious race relations and equal employment
opportunities, and to resolve complaints about discrimination and related issues.
5.
Section 8 of the Act provides:
(1)
The Commission consists of the following Human Rights Commissioners:
(a)
the Chief Commissioner; and
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(b)
not less than 3 and not more than 4 other Commissioners.
(1A)   There must be a Commissioner, other than the Chief Commissioner,
appointed to lead the work of the Commission in each of the following
priority areas:
(a)
disability rights (the Disability Rights Commissioner):
(b)
equal employment opportunities (including pay equity) (the Equal
Employment Opportunities Commissioner):
(c)
race relations (the Race Relations Commissioner).
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Document 7
6.
The Commission's main functions are to:
1982
•
advocate and promote respect for, and an understanding and appreciation
of, human rights in New Zealand society
•
encourage the maintenance and development of harmonious relations
between individuals and among the diverse groups in New Zealand society
•
lead, evaluate, monitor and advise on equal employment opportunities ACT
•
provide information to members of the public who have questions about
unlawful discrimination and facilitate resolution of disputes relating to
unlawful discrimination on the grounds of sex, marital status, religious belief,
ethical belief (lack of a religious belief), colour, race, ethnic or national origins,
disability, age, political opinion, employment status, family status, sexual
orientation or sexual harassment or racial harassment in the areas of
employment, education, access to public places, the provision of goods and
services, housing and accommodation, partnerships, qualifying bodies,
organisations of employees and employers, vocational training and trade and
professional associations, government or public sector activities.
7.
Section 11(1) of the Act provides that in recommending persons for appointment
as Commissioners, the Minister must have regard to the need for Commissioners
to have among them:
(a)
knowledge of, or experience in:
(i)
different aspects of matters likely to come before the Commission
INFORMATION
(ii) New Zealand law, or the law of another country, or international law,
on human rights
(iii) the Treaty of Waitangi and rights of indigenous peoples
(iv) current economic, employment, or social issues
(v) cultural issues and the needs and aspirations (including life
experiences) of different communities of interest and population
groups in New Zealand society.
(b)
skil s in, or experience in:
(i)
advocacy or public education
(ii) business, commerce, economics, industry, or financial or personnel
OFFICIAL
management
(iii) community affairs
(iv) public administration, or the law relating to public administration.
THE
8.
In respect to the Chief Commissioner, section 12 of the Act provides that in
recommending a person for appointment as Chief Commissioner, the Minister must
have regard not only to the criteria stated in section 11 but also to the person’s—
(a)
ability to provide leadership in relation to the performance of the functions
of the Commission (for example, being an advocate for, and promoting, by
education and publicity, respect for and observance of human rights):
(b)
ability to represent the Commission, and to create and maintain effective
relationships between it and other persons or bodies:
(c)
knowledge of N
UNDER ew Zealand law, the law of other countries, and international
law, on human rights, and of New Zealand’s obligations under international
instruments on human rights:
(d)
appreciation of issues or trends in human rights arising in other countries or
internationally, and of the relevance of those issues or trends for New
Zealand:
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Document 7
9.
In respect of the Commissioners appointed to lead Commission work in a priority
1982
area, section 13 of the Act provides that in recommending a person for
appointment, the Minister must have regard not only to the criteria stated in section
11 but also to the person’s—
(a)
understanding of the principles and practice of the priority area in question,
including its origin and development in New Zealand:
ACT
(b)
appreciation of issues, trends, and developments, in other countries and
internationally, affecting the priority area in question, and the relevance of
those issues, trends, or developments for New Zealand:
(c)
ability to perform the functions stated in section  16  (which defines their
functions).
Appointment process
10.
I can confirm that an appropriate process has been followed in terms of the Public
Services Commission appointment guidelines.
11.
New Zealand is a signatory to United Nations selection processes protocols for the
appointment of Human Rights Commissioners and as such is required to comply
with United Nations conventions called the Paris Principles. The Paris Principles
set standards of independence, integrity and effectiveness for National Human
Rights Institutions such as the Human Rights Commission. The Paris Princ
INFORMATION iples
require a transparent selection and appointment process including that the
responsible Minister is advised on appointment options by an independent panel.
12.
Expressions of interest for these positions were sought via public advertisement.
13.
A shortlist of candidates were interviewed by an independent panel comprising:
• Sir Terence Arnold (retired Supreme Court Judge) - Chairperson
• Hon Christopher Finlayson KC (barrister/former Attorney-General)
• Paul Rishworth KC (human rights lawyer)
OFFICIAL
• Lorraine Toki (Iwi Chair Forum representative).
14.
My selections have taken into account the merits identified during the interview
process.
THE
Candidate
15.
Dr Rainbow’s career has encompassed a range of roles including Head of Strategy
at Waterfront Auckland, Stakeholder Engagement Manager for Auckland
Transport, General Manager Transport at Auckland City Council, Director of Urban
Strategy at Wellington City  Council and National Manager, NZ Historic Places
Trust.  He is currently a Senior Adviser at the Nelson City Council. He served as a
Wellington City Council or from 1989 to 1998.  He was a lecturer for five years at
UNDER
Victoria University of Wellington in International Environmental Politics. He has
been active in promoting LBGT rights and is on the board of the NZ Aids
Foundation.  Dr Rainbow holds a PhD and a BA(Hons) in Political Studies and a
BA in History and Politics.
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16.
Dr Pacheco is a Professor of Economics and Director of the NZ Policy
1982
Research Institute at AUT. The majority of her research focuses on utilising
linked administrative data to inform policy debate. She has extensive
experience leading large-scale, multi-institutional funded projects, including
work for the Ministry of Business, Innovation and Employment (MBIE), Ministry
of Women, Ministry of Education and Human Rights Commission. She also
ACT
received the AUT Medal for her research, scholarship and application of
integrated data to help inform social policy and wel being.  Dr Pacheco was a
Commissioner at the Productivity Commission from 2019 to 2022 and was
President of the NZ Association of Economics from 2021 to 2023. She holds a
PhD in Economics as well as a M.Com, B Com(Hons), B Com and BA degrees,
all from Auckland University.
17.
Dr Derby is a senior lecturer at Waikato University, teaching early literacy and
human development. Her primary area of research is early literacy, and in
particular, in exploring the role of whānau in fostering foundational preliteracy skil s.
She combines first rate intellectual ability with an approachable personality. She
has a sound of knowledge on the human rights dimensions of the Treaty of
Waitangi and a balanced approach to broader social issues.  Further, while she
was on a Fulbright scholarship at Columbia University, she had the opportunity to
spend time at the United Nations learning about ethnic rights from an international
perspective.  She is a confident and engaging communicator and has us
INFORMATION  eful
experience dealing with the media. She holds a PhD, and MA and BA degrees.
Conflict of interest
18.
I can confirm that appropriate enquiries concerning conflicts of interest have been
carried out in accordance with the Public Services Commission appointment
guidelines, and that any conflict of interest that could reasonably be identified, has
been identified.
Representativeness
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19.
I can confirm that full consideration has been given to the need for appropriate
representativeness. THE
20.
I am satisfied that the proposed appointments will contribute to a Commission that
is well-balanced in terms of gender, age, ethnicity and geographic representation,
and which possesses an appropriate mix of skil s and experience.
Term
21.
I propose to recommend terms  of appointment of five years  for  all three
appointments.
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Remuneration
22.
The remuneration for Human Rights Commissioners is determined by the
Remuneration Authority.
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Timing and Publicity
1982
23.
A press statement wil  be issued once these appointments have been notified.
Recommendations
ACT
24.
That Cabinet Committee notes the intention of the Minister of Justice, Hon Paul
Goldsmith, to recommend to the Governor-General the following appointments to
the Human Rights Commission:
24.1  the appointment of Dr Stephen Rainbow as the Chief Commissioner for a
term of five years
24.2  the appointment of Dr Gail Pacheco  as the Equal Employment
Opportunities Commissioner for a term of five years
24.3  the appointment of Dr Melissa Derby as the Race Relations Commissioner
for a term of five years.
Authorised for lodgement:
INFORMATION
Hon Paul Goldsmith
Minister of Justice
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THE
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Talking Points
1982
HUMAN RIGHTS COMMISSIONER: APPOINTMENT
Appointments  You are recommending the following appointment s to the   Human Rights
ACT
Commissioner.
• Dr Stephen Rainbow as the Chief Commissioner
• Dr Gail Pacheco  as the Equal Employment Opportunities
Commissioner for a term of five years
• Dr Melissa Derby as the Race Relations Commissioner
Organisation
The Human Rights Commission works with Government and civil society to
promote respect for human rights, encourage harmonious race relations
and equal employment opportunities, and to resolve complaints about
discrimination and related issues.
Current
The positions of Chief Commissioner and Race Relations Commissioner
INFORMATION
vacancies
are currently vacant and the term of appointment of the Equal Employment
Opportunities Commissioner, Dr Saunoamaali’i Karanina Sumeo, expired
in October 2023. (Dr  Sumeo remains in office under carry over provisions
but is not under consideration for reappointment).
Skills sought
Al  Commissioner need relevant professional qualifications or experience,
an appreciation of human rights issues, governance skil s and relationship
management ability. They should have an understanding and sensitivity to
Treaty of Waitangi issues, and knowledge of the Human Rights Act 1993,
OFFICIAL
the Crown Entities Act 2004, New Zealand Bil  of Rights Act 1990 and New
Zealand’s obligations under relevant United Nations covenants and
conventions.
In addition, the Chief Commissioner needs to provide  leadership  to the
THE
Commission and guide its strategic direction.
The
Dr Rainbow’s career has encompassed a range of roles including Head of
Candidates
Strategy at Waterfront Auckland, Stakeholder Engagement Manager for
Auckland Transport, General Manager Transport at Auckland City Council,
Director of Urban Strategy at Wellington City Council and National
Manager, NZ Historic Places Trust. He is currently a Senior Adviser at the
Nelson City Council. He served as a Wellington City Council or from 1989
UNDER
to 1998. He has been active in promoting LBGT rights and is on the board
of the NZ Aids.
Dr Pacheco is a Professor of Economics and Director of the NZ Policy
Research Institute at AUT. The majority of her research focuses on utilising
linked administrative data to inform policy debate. She has extensive
experience leading large-scale, multi-institutional funded projects, including
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Document 8
work for the Ministry of Business, Innovation and Employment (MBIE),  1982
Ministry of Women, Ministry of Education and Human Rights Commission.
Dr Derby is a senior lecturer at Waikato University, teaching early literacy
and human development. Her primary area of research is early literacy, and
in  particular,  in  exploring  the  role  of  whānau  in  fostering  foundational
preliteracy skil s. She combines first rate intellectual ability with an
ACT
approachable personality. She has a sound of knowledge on the human
rights dimensions of the Treaty of Waitangi and a balanced approach to
broader social issues.
Conflict of
None identified
interest
Remuneration  Remuneration for Human Rights Commissioners is set by the
Remuneration Authority.
Term
Fi
  ve years as provided for by the Crown Entities Act 2004
Process and
The selection process has been run in accordance with UN conventions
Consultation
(the Paris Principles) which are designed to ensure an open and
INFORMATION
transparent selection process.
Community
The proposed appointment wil  contribute to a Commission that is well-
representation  balanced in terms of gender, age, ethnicity and geographic representation,
and which possesses an appropriate mix of skil s and experience.
OFFICIAL
THE
UNDER
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