Advice regarding appointments to the Waitangi Tribunal
Dan Moskovitz made this Official Information request to Tama Potaka
The request was refused by Tama Potaka.
From: Dan Moskovitz
Dear Tama Potaka,
I request all advice you received regarding today's (24/10/24) appointments of Hon Richard Prebble, Ken Williamson, and Kevin Prime to the Waitangi Tribunal.
Premptive thanks to you and your staff for the mahi involved in this response. Please do not hesitate to contact me if I can be of further assistance.
Yours faithfully,
Dan Moskovitz
From: Tama Potaka (MIN)
Tama Potaka
Tçnâ koe,
Thank you for contacting the office of Hon Tama Potaka, Minister of
Conservation, Minister of Mâori Development, Minister of Mâori-Crown
Relations, Minister of Whânau Ora, and Associate Minister for Housing
(Social Housing).
The Minister considers all correspondence important and appreciates you
taking the time to write. Please note that as Minister Potaka receives a
large amount of correspondence it is not always possible to personally
reply to all emails.
The following guidelines apply:
• Portfolio related correspondence will be considered and responded to
where appropriate.
• If your message is for Minister Potaka’s advice, or if you have copied
your email to another Minister and/or Member of Parliament with more
appropriate portfolio responsibilities, then this will be noted.
• Invitations and requests to meet with the Minister will be processed as
soon as possible and a staff member will be in contact with you in due
course. Please note this email is an acknowledgment that your
invitation/request has been received.
• If you have made a request for official information then this will
be managed in accordance with the provisions of the Official Information
Act 1982, which may include transfer to a more relevant Minister or agency
• If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and your
correspondence may be transferred to another office, or there may be no
further response to you
•If your email expresses a personal view, or is copied to multiple Members
of Parliament, then your opinion will be noted and your correspondence may
be transferred to another office, or there may be no further response to
you.
• Media queries will be referred to the Minister’s press secretary.
Again, thank you for writing.
Office of Hon Tama Potaka
Minister of Conservation | Minister of Mâori Development | Minister of
Mâori Crown Relations | Minister of Whânau Ora | Assoc. Minister of
Housing – Social Housing
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From: Tama Potaka (MIN)
Tama Potaka
Kia ora Dan,
Thank you for your email of 24 October in which you submitted an Official Information Act request as follows:
"I request all advice you received regarding today's (24/10/24) appointments of Hon Richard Prebble, Ken Williamson, and Kevin Prime to the Waitangi Tribunal."
Minister Potaka is considering your request in accordance with the Act, and you can expect a response by 22 November.
Ngā mihi,
Teana Macdonald
Private Secretary (Administration)
Office of Hon Tama Potaka
Minister for Māori Development | Minister for Whānau Ora | Minister of Conservation |
Minister for Māori Crown Relations: Te Arawhiti | Associate Minister of Housing
DDI: 04 817 6811 | EW4.5L
Email: [email address] Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
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From: Tama Potaka (MIN)
Tama Potaka
Kia ora Dan,
On behalf of Hon Tama Potaka, thank you for your email in which you submitted an Official Information Act request as follows:
"I request all advice you received regarding today's (24/10/24) appointments of Hon Richard Prebble, Ken Williamson, and Kevin Prime to the Waitangi Tribunal."
Please see attached the responses to your request.
Ngā mihi,
Teana Macdonald
Private Secretary (Administration)
Office of Hon Tama Potaka
Minister for Māori Development | Minister for Whānau Ora | Minister of Conservation |
Minister for Māori Crown Relations: Te Arawhiti | Associate Minister of Housing
DDI: 04 817 6811 | EW4.5L
Email: [email address] Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
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From: Dan Moskovitz
Tēnā koe Teana, on the behalf of Minister Potaka,
I would like elaboration on Minister Potaka's decision to deny this request in full. Minister Potaka refused it on section 9(2)(f)(iv), saying you are currently actively considering more appointments to the Waitangi Tribunal. I am not asking about those, and my OIA did not cover future appointments, and any information regarding this could therefore be deemed out of scope. As such, could you elaborate on how section 9(2)(f)(iv) applies.
Please consider this an official attempt to resolve the issue regarding the OIA before going to the Ombudsman.
As always, thank you for the mahi that goes into these responses.
Yours sincerely,
Dan Moskovitz
From: Dan Moskovitz
Dear Teana,
Apologies, I am unsure if I was very clear in my prior email. To rephrase; is section 9(2)(f)(iv) used because Minister Potaka is currently considering the previous appointments?
Yours sincerely,
Dan Moskovitz
From: Tama Potaka (MIN)
Tama Potaka
Tēnā koe Mr Moskovitz,
Thank you for your two emails of 22 Whiringa-ā-rangi 2024 regarding the response provided to your request for official information.
Your request was clear and I do not think there was any misunderstanding. Your original request sought “all advice” related to the appointments announced on 24 Whiringa-ā-nuku 2024. As noted in the response from the Minister for Māori Development, the most important consideration relating to this request was that the Minister will be progressing further appointments to the Waitangi Tribunal.
The appointments that your request relates to is an ongoing process, in respect of which advice remains under active consideration. Section 9(2)(f)(iv) specifically relates to situations where information requested is for advice provided to ministers remaining confidential. The Minister’s reply also noted that there were decision-making factors relating to privacy and the obligation of confidentiality of the information you sought. As noted in the Minister’s response the Minister will be happy to consider any future requests related to appointments made to the Waitangi Tribunal after further appointments occur.
The Ombudsman has issued helpful guides on these considerations that you may find helpful to refer to:
- Section 9(2)(f)(iv)
- Section 9(2)(a), and
- Section 9(2)(ba)
While it does not directly relate to official information requests, it is also useful to consider the current Cabinet Office circular [CO (23) 04] guiding the proactive release of Cabinet material. This circular specifically excludes the considerations of the Cabinet Appointment and Honours committee from the proactive release regime, citing reasons of privacy and the publicly available nature of remuneration information.
Ngā mihi,
Teana Macdonald
Private Secretary (Administration)
Office of Hon Tama Potaka
Minister for Māori Development | Minister for Whānau Ora | Minister of Conservation |
Minister for Māori Crown Relations: Te Arawhiti | Associate Minister of Housing
DDI: 04 817 6811 | EW4.5L
Email: [email address] Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
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