CABINET OFFICE 9 Julie 2015 Inl'ormnfiun request -- ministel'ill conflicts of inlel'ul Our reference: CAB 28-2015 1 Further to paragraph 6 ofmy letter on June 2015, please find attached summarised inful'mation in response to the second part ofycur request, eoneerning transfers of responsibility and orpapers. 2 The information is provided in two tables: 21 The first table provides summarised information oftl'ansfers oi'responsihilily and medium to long lenn arrangements 11m to receive official papers for the period 1 October 2014 to 31 Mar-eh 201s. Summarised information for the earlier period you requested (so September2013 to 30 September 2014) is already publicly available following proactch release oflhis information (my letter of 22 April 2015 refers). 2.2 The second table provides summarised information Ufad hoe and short term arrangements for the redaetion or return ofpapel's fur the period 30 September 201310 3] March 2015. Yours sincerely MML Michael Websler Secretary oflhe Cabinet ztnsaovl mle PRIME MINISTERAND Buildings Wellington, New Telephone (mm 9743 hammile: (114) 472 6332 Cabinet Office Release of information about standing arrangements to manage ministerial conflicts of interest 1 October 2014 - 31 March 2015 9 June 2015 Explanatory note The table below is a summary of actions taken by Ministers during the period 1 October 2014 to 31 March 2015 in order to manage actual or potential conflicts of interest. It includes transfers of responsibility to other Ministers, and medium to long term arrangements not to receive of?cial papers (none in this period, except to the extent they form part of a transfer of responsibility). The actions listed in the table are standing arrangements, and may cover multiple instances when responsibility was exercised by another Minister or papers were not received. It is also possible that there have been no such instances, because the particular issue has not arisen in practice. The table only includes new arrangements put in place in the period 1 October 2014 to 31 March 2015, and is not a full summary of all transfers of responsibility and arrangements not to receive papers that have been made or are currently in place. The nature of each actual or potential con?ict of interest is described using the following categories: - Pecuniary: relating to a Minister?s personal financial interests such as assets, debts and gifts 0 Personal: relating to a Minister?s non??nancial personal interests, such as family, whanau or close associates, former employment and business activities, and (in certain limited circumstances) current and past involvement with speci?c organisations 0 Portfolio: relating to different aspects of a Minister?s of?cial responsibilities 0 Constituency: relating to a Minister?s role as a member of Parliament The following actions commonly occur as a consequence of a transfer: (1) officials report directly to the transferee in relation to the speci?ed matter(s); (2) any information relating to the speci?ed matter(s) received by the transferor?s of?ce is referred to the transferee; (3) the transferor does not receive Cabinet papers or other of?cial papers or reports on the speci?ed matter(s); and (4) if the Speci?ed matter(s) is/are discussed at Cabinet, the transferor will declare his/her interest and withdraw from the meeting. These actions are referred to below as ?action ?action etc. Further information on the management of ministerial con?icts of interest is set out at paragraphs 2.5 6-2.77 of the Cabinet Manual 2008, available at 249366v1 Minister?s name Matter at issue Nature of conflict Action taken Hon Bill English Potential conflict, as Minister of Finance, Portfolio Responsibilities as Minister of between role as the Crown shareholder in Finance in relation to aviation policy Air New Zealand Limited and responsibility and regulation transferred to Hon for providing the Finance portfolio Steven Joyce on 17 December 2014. perspective on aviation policy and . As a consequence of transfer: Mr regulation. English will not receive papers; Treasury reports to and works with Mr Joyce directly on the speci?ed matter; Mr Joyce, and other Ministers with aviation regulatory interests, bring aviation policy and regulatory issues to Cabinet without any input from Mr English; Mr English brings to Cabinet any ownership issues relating to Air New Zealand; if a matter arises at Cabinet which con?icts with Mr English?s responsibility for the Crown shareholding in Air New Zealand to the extent it is inappropriate for him to stay, he will declare an interest and withdraw. 249366v1 2 Minister?s name Matter at issue Nature of conflict Action taken Hon 13111 English Potential con?ict, as Minister of Finance, between roles as the Crown shareholder in Air New Zealand Limited and a Crown shareholder in three airports. Portfolio Responsibility for the Crown shareholding in the three airports transferred to Hon Paula Bennett on 17 December 2014. Actions (1) to (3) occur as a consequence of transfer. Mr English will declare his interest if these matters are discussed at Cabinet. Hon Bill English Potential con?ict, as Minister of Finance, between roles as Crown shareholder in Air New Zealand Limited and responsibility for exercising certain powers under the National Provident Fund Restructuring Act 1990. Portfolio Responsibility for exercising certain powers under the National Provident Fund Restructuring Act 1990 transferred to Hon Paula Bennett on 17 December 2014. Actions (1) to (3) occur as a consequence of transfer. Mr English will declare his interest if these matters are discussed at Cabinet. Hon Bill English Potential con?ict, as Minister of Finance, between role as Crown shareholder in the New Zealand Local Government Funding Agency Limited and the services that Treasury provides, through the Debt Management Of?ce, to the LGFA. Portfolio ReSponsibilities as Crown shareholder in the LGFA transferred to Hon Steven Joyce on 17 December 2014. Actions (1) to (3) occur as a consequence of transfer. Mr English will declare his interest if these matters are discussed at Cabinet. 2493 66v1 (q Minister?s name Matter at issue Nature of conflict Action taken Hon Amy Adams Potential con?ict regarding Ms Adams? responsibilities as Minister for Communications in respect of a certain company and its subsidiaries. Personal Responsibility for any decisions in respect of the company or its subsidiaries transferred to Hon Steven Joyce on 5 November 2014. Actions (1) to (4) occur as a consequence of transfer. Hon Christopher Finlayson Potential con?ict regarding Mr Finlayson?s responsibilities as Minister for Treaty of Waitangi Negotiations in respect of particular iwi. Personal Joint responsibility for part of matter at issue, and full responsibility for remainder of matter at issue, transferred to Hon Michael Woodhouse on 28 October 2014. With respect to the part of the matter for which joint reSponsibility is transferred, information sharing and decision?making arrangements are implemented as a consequence of transfer. With respect to remainder of matter at issue, actions (1) to (3) occur as a consequence of transfer, and action (4) occurs as appropriate. 249366vi Minister?s name Hon Nikki Kaye Matter at issue Potential con?ict regarding Ms Kaye?s responsibilities as Minister for ACC. Nature of conflict Personal Action taken Responsibility for all ACC matters relating to matter at issue transferred to Hon Paul Goldsmith on 6 November 2014. Actions (1) to (4) occur as a consequence of transfer. Hon Michael Woodhouse Potential con?ict between Mr Woodhouse?s responsibilities as Minister of Immigration and his role as a list MP based in Dunedin. Constituency Responsibilities as Minister of Immigration for any decisions a?ecting residents of the Dunedin North and Dunedin South electorates transferred to Hon Craig Foss on 20 October 2014. Actions (1), (2) and (3) occur as a consequence of transfer. Minister?s Out of Parliament of?ce will not become involved in immigration enquiries from Dunedin residents. They will advise Dunedin residents that they have the option of approaching another local of?ce or making a written submission directly to Hon Foss?s of?ce. 249366v1 Minister?s name Matter at issue Nature of conflict Action taken Hon Todd McClay Potential conflict between Mr McClay?s responsibility as Minister for State Owned Enterprises and his advocacy, as MP for Rotorua prior to his appointment as Minister for State Owned Enterprises, for a certain company. Constituency Responsibility as Minister for State Owned Enterprises for all matters relating to the company transferred to Hon Steven Joyce on 10 November 2014. Actions (1) to (4) occur as a consequence of transfer. Hon Maggie Barry Potential con?ict regarding Ms Barry?s responsibilities as Minister for Conservation for matters relating to Pike River Coal Mine. Ms Barry is a close family relative of Bernie Monk, a spokesperson for some of the Pike River families. Personal Responsibility as Minister of Conservation for all matters relating to Pike River Coal Mine transferred to Hon Dr Nick Smith on 28 October 20 1 4. Actions (1) to (4) occur as a consequence of transfer. 2493 66v1 Minister?s name Matter at issue Nature of conflict Action taken Hon Craig Foss Potential con?ict between Mr Foss?s responsibilities as Associate Minister of Immigration and his role as MP for Tukituki. Constituency Responsibilities as Associate Minister of Immigration for any decision affecting constituents in the Tukituki and Napier electorates transferred to Hon Michael Woodhouse on 21 October 2014. Actions (1), (2) and (3) occur as a consequence of transfer. Minister?s Out of Parliament of?ce will not become involved in immigration enquiries from constituents ?om the Tukituki and Napier electorates. They will advise constitutes that they have the option of approaching another local of?ce or making a written submission directly to Hon Woodhouse?s of?ce. Hon Craig 035 Potential con?ict regarding Mr Foss?s ministerial roles in respect of certain companies. Pecuniary Responsibility for any decisions concerning the companies transferred to Hon Steven Joyce on 6 November 2014. Actions (1) to (4) occur as a consequence of transfer. 2493 66v 1 Minister?s name Matter at issue Nature of conflict Action taken Hon Louise Upston Potential con?ict between Ms Upston?s responsibilities as Minister for Land Information and her involvement, as MP for Taupo prior to her appointment as Minister, with a dispute concerning Public Works Act compensation. Constituency Responsibility as Minister for Land Information for all matters relating to the diSpute transferred to Hon Michael Woodhouse on 24 November 20 1 4. Actions (1) to (4) occur as a consequence of transfer. Potential con?ict between Mr Dunne?s reSponsibilities as Minister of Internal Affairs and his role as MP for Chariu, and in respect of other people Whom Mr Dunne may identify as raising a perceived or actual con?ict. Hon Peter Dunne Constituency personal Responsibilities as Minister of Internal Affairs under the Gambling Act 2003, Passports Act 1992 and Citizenship Act 1997 (with exceptions), in respect of people from Chariu electorate and other persons Who may be identi?ed by the Minister to avoid a perceived or actual con?ict of interest, transferred to Hon Nicky Wagner on 23 October 2014. Actions (1) and (2) occur as a consequence of transfer. Minister?s staff will forward the relevant documents to Hon Wagner?s of?ce and will act as Hon Wagner?s liaison to the Department of Internal Affairs. 249366v1 Minister?s name Hon Te Ururoa Flavell Matter at issue Potential con?ict between Mr Flavell?s responsibilities as Minister for Maori Development in reSpect of a certain iwi. Nature of conflict Personal Action taken Responsibility for all Treaty settlement matters in respect of the iwi transferred to Hon Paula Bennett on 24 November 2014. Actions (1) to (4) occur as a consequence of transfer. 2493 66v1 Cabinet Office Release of information about ad hoc and short term arrangements for non-receipt, redaction or return of papers 30 September 2013 to 31 March 2015 9 June 2015 Explanatory note The table below is a summary of ad hoc or short term arrangements by Ministers not to receive Cabinet or Cabinet committee papers during the period 30 September 2013 to 31 March 2015. Papers not received pursuant to medium to long term arrangements are not included. The nature of each actual or potential con?ict of interest is described using the following categories: Pecuniary: relating to a Minister?s personal ?nancial interests such as assets, debts and gifts Personal: relating to a Minister?s non-?nancial personal interests, such as family, whanau or close associates, former employment and business activities, and (in certain limited circumstances) current and past involvement with speci?c organisations Portfolio: relating to different aspects of a Minister?s of?cial responsibilities Constituency: relating to a Minister?s role as a member of Parliament Further information on the management of ministerial con?icts of interest is set out at paragraphs 2.5 6-2.77 of the Cabinet Manual 2008, available at 249367vl Minister?s name Matter at issue Nature of conflict Action taken Hon Bill English Paper for Appointments and Honours Personal Mr English did not receive the paper. Cabinet Committee meeting. Hon Gerry Brownlee Paper for APH meeting. Personal Mr Brownlee did not receive the paper. Hon Steven Joyce Paper for Economic Growth and Personal Mr Joyce received a redacted version Infrastructure Cabinet Committee of the paper. meeting. Hon Paula Bennett Item at Cabinet meeting. Not recorded Ms Bennett did not receive a copy of the paper for this item. Hon Paula Bennett Item at Cabinet meeting. Pecuniary Ms Bennett did not receive a copy of the paper for this item. Hon Hekia Parata Item at Cabinet meeting. Personal Ms Parata did not receive a cepy of the paper for this item. Hon Tim Groser Item at Cabinet meeting. Pecuniary Mr Groser did not receive a copy of the paper for this item. Hon Michael Paper for EGI meeting. Pecuniary Mr Woodhouse returned the paper to Woodhouse the Cabinet Of?ce. 249367v1 2 Minister's name Matter at issue Nature of conflict Action taken Hon Peseta Sam Lotu? Hga Item at Cabinet meeting. Personal Mr Lotu?Iiga did not receive the paper for this item. Hon Louise Upston Paper for Treaty of Waitangi Negotiations Cabinet Committee meeting. Constituency MS Upston returned the paper unread. Hon Louise Upston Paper for TOW meeting. Constituency Ms Upston did not receive the paper. Hon Paul Goldsmith Paper for EGI meeting. Pecuniary Mr Goldsmith did not receive the paper. 2493 67H