Proactive release of information about management of ministerial conflicts of interest#
27 November 2023 – 30 April 2024#
Explanatory note
1 The table below is a summary of certain actions taken by Ministers to manage actual or potential conflicts of interest during the period 27 November 2023 (when the National ACT New Zealand First Coalition government took office) to 30 April 2024. It includes transfers of responsibility to other Ministers and standing arrangements not to receive Cabinet papers. Other steps for managing conflicts of interest set out at paragraph 2.76 of the Cabinet Manual (such as declarations of interest, and ad hoc or short-term arrangements not to receive papers) are not included.
2 The Office of the Ombudsman has reviewed this summary and confirmed that it is consistent with the more detailed record held by the Cabinet Office.
3 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.
4 The nature of each actual or potential conflict of interest is described using the following categories:
- Pecuniary: relating to a Minister’s personal financial interests such as assets, debts and gifts;
- Personal: relating to a Minister’s non-financial personal interests, such as family, whānau or close associates, former employment and business activities, and (in certain limited circumstances) current and past involvement with specific organisations;
- Portfolio: relating to different aspects of a Minister’s official responsibilities;
- Constituency: relating to a Minister’s role as a Member of Parliament.
5 The following actions commonly occur as a consequence of a transfer:
(1) officials report directly to the transferee in relation to the specified matter(s);
(2) any information relating to the specified matter(s) received by the transferor’s office is referred to the transferee;
(3) the transferor does not receive Cabinet papers or other official papers or reports on the specified matter(s); and
(4) if the specified matter(s) is/are discussed at Cabinet (or other relevant meetings), the transferor will declare his/her interest and withdraw from the meeting (or seek the agreement of colleagues to continue to take part).
6 These actions are referred to below as “action (1)”, “action (2)” etc.
7 An annual proactive release of information about the management of ministerial conflicts of interest (covering transfers of responsibility and arrangements not to receive papers) was agreed by the then Prime Minister and the former Chief Ombudsman in 2012. The release is intended to provide public assurance that systems are in place to manage conflicts of interest effectively, while protecting the privacy of individuals, the confidentiality of Cabinet discussions, and the confidentiality of correspondence between the Cabinet Office and the Prime Minister and other Ministers about actual or potential conflicts of interest. The annual release usually occurs in the last quarter of each calendar year. This is an additional release following from the recent change of government and appointment of new Ministers.
8 Further information on the management of ministerial conflicts of interest is set out at paragraphs 2.59-2.83 of the Cabinet Manual 2023, available at www.dpmc.govt.nz/cabinet-manual.
| Minister | Matter at issue | Nature of conflict | Action taken |
|---|---|---|---|
| Hon David Seymour | Potential conflict regarding Dunedin Hospital unrelated to portfolio responsibilities. | Personal | Hon Seymour will not receive papers or participate in certain decisions relating to Dunedin Hospital. |
| Hon Paul Goldsmith | Potential conflict regarding the Problem Gambling Foundation unrelated to portfolio responsibilities. | Personal | Hon Goldsmith will not receive papers or participate in certain decisions relating to the Problem Gambling Foundation. |
| Hon Shane Jones | Potential conflict unrelated to portfolio responsibilities. | Personal | Hon Jones will not receive papers or participate in certain decisions. |
| Hon Mark Mitchell | Potential conflict between responsibilities as Minister of Police and support for a constituent (as MP for Whangaparāoa). | Constituency | Responsibilities as Minister of Police for matters relating to the death of Constable Matthew Hunt transferred to Hon Costello on 25 January 2024. Actions (1) and (2) put in place. |
| Hon Judith Collins | Potential conflict between personal interest regarding the fast-track consenting legislation and law officer functions as Attorney-General. | Personal | Hon Paul Goldsmith appointed as acting Attorney-General on 28 February 2024 for the purpose of exercising all law officer functions of the Attorney-General (including reporting to the House of Representatives on the consistency of any proposed legislation under s 7 of the New Zealand Bill of Rights Act 1990 and advising on rule of law considerations) in relation to matters concerning the proposed fast-track consenting legislation both before and after enactment. Actions (1), (2), (3) and (4) put in place. |
| Hon Brooke van Velden | Potential conflict between responsibilities as Minister of Internal Affairs and role as MP for the Tāmaki electorate. | Constituency | Responsibilities as Minister of Internal Affairs in relation to applications from the Lottery Minister’s Discretionary Fund, and citizenship decisions, relating to constituents of the Tāmaki electorate, transferred to Hon McKee on 29 February 2024. Actions (1) and (2) put in place. |
| Hon Melissa Lee | Potential conflict between responsibilities as Associate Minister for ACC, and close connection to the Mt Albert electorate. | Constituency | Responsibilities as Associate Minister for ACC for decisions relating to Mt Albert constituents transferred to Hon Doocey on 7 March 2024. Actions (1) and (2) put in place. |
| Hon Tama Potaka | Potential conflict between responsibilities as Minister of Conservation in relation to Treaty settlement, and former role as negotiator for the Mōkai Pātea Waitangi Claims Trust. | Personal | Responsibilities as Minister of Conservation relating to the Mōkai Pātea Waitangi Claims Trust transferred to Hon Penk on 8 March 2024. Actions (1), (2), (3) and (4) put in place. |
| Hon Erica Stanford | Potential conflict between responsibilities as Minister of Immigration and role as MP for East Coast Bays. | Constituency | Responsibilities as Minister of Immigration specifically affecting an individual constituent (or group of individual constituents) in the East Coast Bays electorate transferred to Hon Penk on 18 March 2024. Actions (1) to (3) put in place. |
| Hon Nicola Willis | Potential conflict between responsibilities as Minister of Finance in respect of Christchurch International Airport Limited and a personal interest. | Personal | Responsibilities as Minister of Finance in respect of decisions specific to Christchurch International Airport Limited transferred to Hon Jones on 29 April 2024. Actions (1) and (2) put in place. |
| Hon Nicola Willis | Potential conflict between responsibilities as Minister of Finance in respect of Genesis Energy Limited and a personal interest. | Personal | Responsibilities as Minister of Finance in respect of decisions specific to Genesis Energy Limited transferred to Hon Seymour on 29 April 2024. Actions (1) and (2) put in place. |
| Hon Judith Collins | Any potential conflict of interest as Attorney-General. | Any | Hon Paul Goldsmith appointed as acting Attorney-General on 29 April 2024 for the purpose of exercising all law officer functions of the Attorney-General (including reporting to the House of Representatives on the consistency of any proposed legislation under s 7 of the New Zealand Bill of Rights Act 1990 and advising on rule of law considerations) in relation to matters where Hon Judith Collins has a conflict of interest. Additional conflicts of interest (other than the proposed fast-track consenting legislation, covered above) not yet identified so only Acting Attorney-General warrant put in place at this stage. |