29 January 2024
Ben
[FYI request #25130 email]
Ref: OIA-2023/24-0359
Dear Ben
Official Information Act request for information relating to stop work orders from
Ministers.
Thank you for your Official Information Act 1982 (the Act) request received on 10 December
2023. You requested:
In media articles various Ministers have been described as issuing "stop work Notices"
or "Stop work orders". One example in relation to transport would be here:
https://www.rnz.co.nz/national/programmes/morningreport/audio/2018917497/auckland
-light-rail-on-hold-after-stop-work-notice-issued
1. Is there such a power?
2. If not, is there an alternative power (but called something else)?
3. Can such a power be used to halt work by local government?
4. Can such a power be used to halt work required by legislation?
5. If the answer to any of these questions is yes, in what circumstances can it be used
or what legal test must be met?
6. How many "stop work" orders, notices or however else described have been issued,
by whom, and on what date?“”
Ministers decide the direction and the priorities for which they hold portfolio responsibilities
and for determining and promoting policy.
The answers to questions 1 – 5 are context specific, that is, the answer will likely differ
depending on the decision involved. The Ministry of Transport (MOT) is the lead agency for
Auckland Light Rail and initiated engagement with Auckland Council as the relevant territorial
authority both at a governance level and a staff technical level. For anything further in
relation to your specific example please contact MOT directly.
In relation to question 6, DPMC does not hold a centralised record of all stop work orders,
but there is some relevant information contained in a Cabinet paper
Coalition Government
100-day plan and the associated Cabinet minute,
which are currently being prepared for
proactive release. Accordingly, I have refused this part of your request under section 18(d) of
the Act, as the information requested will soon be publicly available.
You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
This response will be published on the Department of the Prime Minister and Cabinet’s
website during our regular publication cycle. Typically, information is released monthly, or as
otherwise determined.
4838991
Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
64 4 817 9698 www.dpmc.govt.nz
Your personal information including name and contact details will be removed for publication.
Yours sincerely
Rachel Hayward
Secretary of Cabinet/Clerk of the Executive Council
4838991
2