OIA: 41337
15 Paenga-whāwhā 2020
George Morrison
[FYI request #12398 email]
Tēnā koe George
Official Information Act request
Thank you for your information request dated 6 Poutū-te-rangi 2020
. You asked for
the following information:
“Please provide me with all information held regarding a reported $600,000
dividend received by Te Pou Matakana, which was subsequently paid out to
private shareholders.
Specifically, please provide me with all information held regarding any
review or advice received relating to this matter, including all
communications within, to and from your office and TPK and/or Te Pou
Matakana and/or National Urban Maori Authority and/or Te Whānau O
Waipareira Trust”
I apologise for the delay in responding to your request, and the failure to meet the
statutory deadline for the response. Regrettably, your incoming request was
overlooked due to an administrative error.
The Whānau Ora Commissioning Agency (previously Te Pou Matakana) has
received incentive payments, when appropriate, in recognition of Commissioning
Agency achievements which exceed contractual performance targets. The
incentive payment is not a dividend paid to Commissioning Agencies. The
incentive payment mechanism is a standard provision in the Whānau Ora
Commissioning contracts, implemented by the Government in 2014, to help drive
improvements in service delivery. The Whānau Ora Commissioning Agency
records incentive payments as a ‘surplus’ in its annual report, for accounting
purposes.
In FY16/17 the Whānau Ora Commissioning Agency received an incentive
payment of $633,804 in recognition of progress on priority and difficult issues for
the previous financial year, 2015/16. The Whānau Ora Commissioning Agency
annual report for FY16/17 records a dividend payment of $633,804 to its
shareholders.
Unless otherwise specified in contracts, Commissioning Agencies are entitled to
determine how the incentive payment is applied, including making distributions to
shareholders.
Currently the Whānau Ora Commissioning Agency shareholders are:
National Urban Māori Authority – a Charitable Trust, holding 88% of shares
in Te Pou Matakana;
Te Whānau o Waipareira Trust – a Charitable Trust, holding 9% of shares
in Te Pou Matakana; and
Manukau Urban Māori Authority - a Charitable Trust, holding 3% of shares
in Te Pou Matakana.
The Whānau Ora Commissioning Agency shareholders are all charitable
organisations that provide social services and support to New Zealand
communities. Te Puni Kōkiri does not track the use of incentive payments by
these recipient organisations.
A review of the incentive payment mechanism was undertaken by the Office of the
Auditor General. A copy of the outcome of this review can be viewed on the Office
of the Auditor General website here:
https://oag.parliament.nz/media/2019/tpk
On the 12 Hakihea 2018 I was asked an Oral Parliamentary Question regarding
the Commissioning Agency incentive payments. I have attached the transcript for
your information.
I have treated your request as related to formal written advice given and received. I
believe this limitation is necessary and constitutes taking “reasonable steps” to
ensure that what I have provided is accurate and complete. It is worth noting that
formal written advice is the primary mechanism for the provision of substantive
information, and decision making. It is unlikely there is further substantive
information held that is not already reflected in the key formal documents identified.
Any other related information, if it exists, is likely to be administrative in nature.
Four further documents have been identified in scope of your request. The
documents and my decisions with regard to the release of the information are set
out in the table attached as Appendix A.
Some information has been withheld in accordance with the Official Information
Act (1982) on the following grounds:
2
Section 9(2)(a) - protect the privacy of natural persons, including that of
deceased natural persons;
Section 9(2)(h) - maintain legal professional privilege.
In making the decision to withhold information, I have considered the public interest
considerations in section 9(1) of the Act.
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.
Nāku noa, nā
Hon Peeni Henare
Te Minita mō Whānau Ora
3
Appendix A – documents – OIA request from George Morrison dated 6 Poutū-te-rangi 2020
Item Date
Document description
Decision
Letter to Te Pou Matakana: Te Pou Matakana Incentive Verification of the 2015-2016
1.
16/12/2016
incentive payment
Release in full
Memorandum from Chapman Tripp to Te Puni Kōkiri: WHĀNAU ORA
2.
13/09/2018
COMMISSIONING AGENCIES - CORPORATE AFFAIRS
Withhold in full
Aide Memoire: Information regarding specific issues raised in Māori Affairs Select
3.
06/12/2018
Committee on 5 December 2018
Release in part
4.
12/12/2018
Oral Parliamentary Question: Whānau Ora Incentive Payments
Release in full
5.
10/04/2019
Aide Memoire: Public Release of a letter from the Office of the Auditor-General
Release in part
