OIATP-153
22 November 2024
Dan Moskovitz
[FYI request #28899 email]
Tēnā koe Mr Moskovitz
Official Information Act request
Thank you for your information request dated 24 Whiringa-ā-nuku 2024
. You requested for
the following information:
“I request all advice you received regarding today's (24/10/24) appointments of Hon Richard
Prebble, Ken Wil iamson, and Kevin Prime to the Waitangi Tribunal.”
Your request has been considered in accordance with the Official Information Act 1982
(
OIA 1982).
Background information
I have received a number of requests for official information regarding recent appointments
to the Waitangi Tribunal. In considering these requests, I want to clarify the processes used
to make appointments to the Waitangi Tribunal (
Tribunal).
The Tribunal was established under section 4 of the Treaty of Waitangi Act 1975 and
consists of a Chairperson and up to 20 members. Members are appointed by the Governor-
General, based on following the recommendation of the Minister for Māori Development,
made after consultation with the Minister of Justice (section 4(2)(a) of the Treaty of Waitangi
Act).
In considering recommendations for appointments as a member of the Tribunal, the
Minister for Māori Development shal have regard to (see section 4(2A) of the Treaty of
Waitangi Act):
a. the partnership between the two parties to the Treaty; and
b. not only to a person's personal attributes but also to a person's knowledge of and
experience in the different aspects of matters likely to come before the Tribunal.
Members of the Tribunal hold office for a term not exceeding three years but may from time
to time be reappointed (section 4(3) of the Treaty of Waitangi Act).
The positions are not advertised. It is common for the Minister for Māori Development to
seek the views of the Tribunal’s Chairperson about suitable persons for consideration who
will meet the statutory criteria for Tribunal members.
From time to time, the Minister for Māori Development might receive curriculum vitae from
members of the public expressing an interest in being considered for appointment to the
Tribunal.
Once directed to do so, Te Puni Kōkiri provides the Minister for Māori Development with a
long list of suitable persons for possible appointment to the Tribunal. The Minister will seek
views, from the Minister of Justice and other Ministerial or coalition partner colleagues. This
advice informs the recommendations for appointment (and reappointment) to the Tribunal.
All recommendations for Tribunal members go through the usual Cabinet process for
appointments. That includes the Cabinet Appointments and Honours Committee noting the
proposed appointment before proceeding to Cabinet for confirmation, and then the
Governor-General for approval to appoint.
My response
A major consideration in my decision-making is the need to follow the precedents
established by my predecessors in not releasing personal details or information given the
overwhelming public interest considerations relating to:
a. privacy (section 9(2)(a) of the OIA Act 1982); and
b. to information that was supplied under an obligation of confidence (section 9(2)(ba) of
the OIA Act 1982).
Further, I am currently actively considering Tribunal appointments. Accordingly, I have
decided to decline your request in full under section 18(a) of the OIA 1982 by virtue of
section 9(2)(f)(iv) to maintain the constitutional conventions for the time being which protect
the confidentiality of advice tendered by Ministers of the Crown and officials.
I understand that this may be a disappointing decision to you, however, I can assure you
that I will be happy to consider any future requests related to appointments made to the
Waitangi Tribunal after further appointments occur. I trust my response satisfies your
request.
You have the right to seek an investigation and review by the Ombudsman of this response.
Information about how to make a complaint is available
at www.ombudsman.parliament.nz or
freephone 0800 802 602. Ngā mihi nui ki a koe.
Mauriora
Hon Tama Potaka
Te Minita Whanaketanga Māori
