28 April 2022
[FYI request #18979 email]
Tēnā koe Alan
Thank you for your email of 27 March 2022 requesting the following information under the
Official Information Act 1982 (the Act):
“The Governance and Administration committee advised in their report to the House
on the Petition of Alan Thompson for a formal independent Whakaari/White Island
response inquiry that you have initiated a review in late 2020 of the MOU with Bay of
Plenty Regional Emergency Management. This MOU was for civil defence and
emergency management responsibilities to be undertaken on your behalf for
Whakaari. The Labour members of the G&A committee have stated that this review
addresses the matter of independently reviewing the response by the emergency
services to the eruption as I set out in my petition.
Under the provisions of the Official Information Act I request:
1. A copy of the Terms of Reference for this review (eg the Purpose, Objectives, Scope
and Deliverables, etc).
2. The timetable for this review including the date it will be completed and presented
Unfortunately, the Governance and Administration Committee noted in its final report that the
review of the MoU between me and Emergency Management Bay of Plenty addressed your
request for a review, when in fact it did not. The review involved a review of the MoU itself, not
the response at the time of the eruption and was not supported by a Terms of Reference or a
formal timetable. Therefore, your request is refused under section 18(e) of the Act, as the
information does not exist.
To provide you with some context and the decisions made in relation to the MoU, I have
attached some documents that have previously been released. They include correspondence
with the Governance and Administration Committee, and a briefing setting out the decision to
terminate the MoU with Emergency Management Bay of Plenty as a consequence of the
review. Some information in this document has been withheld under section 9(2)(a) of the Act,
to protect the privacy of natural persons.
You have the right, under section 28(3) of the Act, to seek an investigation and review of this
decision by the Office of the Ombudsman. The postal address of the Office of the Ombudsman
is PO Box 10152, Wellington. Alternatively, you can phone 0800 802 602 or email
Thank you again for writing.
Hon Nanaia Mahuta Minister of Local Government