Compliance with section 36(1) of Crown Entities Act requirement to advise entity directly of exercise of power
Harris Leigh made this Official Information request to David Parker
The request was partially successful.
From: Harris Leigh
Dear Minister for the Environment,
On 2 March 2023 you exercised your power under section 36 of the Crown Entities Act 2004 to remove a member of the board of the Environmental Protection Authority.
As you will be aware s36(2) requires
"The removal must be made by written notice to the member (with a copy to the entity)."
The letter that you have publicly released providing this written notice is addressed to the member being removed and copied to his fellow board members, the Chief Executive of the crown monitor and the Public Service Commissioner.
There is nothing to indicate the written notice to indicate how you have complied with the requirement to provide a copy of the notice to the entity.
Under the OIA I seek:
1) a copy of your written notice to the Chief Executive of the Environmental Protection Authority as required under s36(1) including time and date it was sent;
2) a copy of any advice you received from the CE of the EPA on how to ensure EPA staff were aware of your decision before it became public;
3) the communications strategy prepared by your office to ensure appropriate advice to EPA staff;
4) copies of any correspondence with the Public Service Association to ensure the wellbeing of EPA staff through this transition;
5) copy of the advice you received from the Public Service Commissioner on the requirement under the legislation to advice the EPA at the same time as member being removed;
6) copies of any advice from the PSC on how to manage the impact of your decision on EPA staff;
7) any advice provided by the CE of MFE on the importance of complying with your statutory duty to advice the entity concerned.
Yours faithfully,
Harris Leigh
From: D Parker (MIN)
David Parker
Thank you for contacting the office of Hon David Parker, Attorney General,
Minister for the Environment, Minister of Revenue, and Associate Minister
of Finance.
Please note that as Minister Parker receives large amounts of
correspondence, it is not always possible to personally reply to all
emails.
The following guidelines apply:
* Portfolio related correspondence will be considered and responded to
where appropriate.
* If your email is an invitation or request to meet with the Minister,
your request will be processed and a staff member will be in contact
in due course. As the Minister receives a high volume of invitations,
it is not always possible to respond immediately.
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* Requests for official information will be managed in accordance with
the provisions of the Official Information Act 1982, which may include
a transfer to a more relevant Minister or agency.
* If your email falls outside of the Minister's portfolio
responsibilities, your correspondence may be transferred to another
office.
* If your email expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and there may
be no further response.
Regards
Office of Hon David Parker
Office of Hon David Parker MP | Attorney-General | Minister for the
Environment | Minister of Revenue | Associate Minister of Finance
Authorised by Hon David Parker MP, Parliament Buildings, Wellington
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From: D Parker (MIN)
David Parker
Dear Harris,
I am writing to acknowledge receipt of your Official Information Act request dated 2/03/2023. You have requested the following information:
1) a copy of your written notice to the Chief Executive of the Environmental Protection Authority as required under s36(1) including time and date it was sent;
2) a copy of any advice you received from the CE of the EPA on how to ensure EPA staff were aware of your decision before it became public;
3) the communications strategy prepared by your office to ensure appropriate advice to EPA staff;
4) copies of any correspondence with the Public Service Association to ensure the wellbeing of EPA staff through this transition;
5) copy of the advice you received from the Public Service Commissioner on the requirement under the legislation to advice the EPA at the same time as member being removed;
6) copies of any advice from the PSC on how to manage the impact of your decision on EPA staff;
7) any advice provided by the CE of MFE on the importance of complying with your statutory duty to advice the entity concerned.
We will endeavour to respond to your request as soon as possible and in any event no later than 30/03/2023, being 20 working days after the day your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.
Kind regards,
Office of Hon David Parker MP | Attorney-General | Minister for the Environment | Minister of Revenue | Associate Minister of Finance
Authorised by Hon David Parker MP, Parliament Buildings, Wellington
Email disclaimer:
Please note information about meetings related to the Ministers' portfolios will be proactively released (this does not include personal or constituency matters). For each meeting in scope, the summary would list: date, time (start and finish), brief description, location, who the meeting was with, and the portfolio. If you attend a meeting with the Minister on behalf of an organisation, the name of the organisation will be released. If you are a senior staff member at an organisation, or meet with the Minister in your personal capacity, your name may also be released. The location of the meeting will be released, unless it is a private residence. The proactive release will be consistent with the provisions in the Official Information Act, including privacy considerations. Under the Privacy Act 1993 you have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you'd like to ask for a copy of your information, or to have it corrected, or are concerned about the release of your information in the meeting disclosure, please contact the sender. You can read more about the proactive release policy at https://www.dia.govt.nz/Proactive-Releas...
-----Original Message-----
From: Harris Leigh [mailto:[FYI request #21971 email]]
Sent: Thursday, 2 March 2023 2:29 PM
To: D Parker (MIN) <[email address]>
Subject: Official Information request - Compliance with section 36(1) of Crown Entities Act requirement to advise entity directly of exercise of power
Dear Minister for the Environment,
On 2 March 2023 you exercised your power under section 36 of the Crown Entities Act 2004 to remove a member of the board of the Environmental Protection Authority.
As you will be aware s36(2) requires
"The removal must be made by written notice to the member (with a copy to the entity)."
The letter that you have publicly released providing this written notice is addressed to the member being removed and copied to his fellow board members, the Chief Executive of the crown monitor and the Public Service Commissioner.
There is nothing to indicate the written notice to indicate how you have complied with the requirement to provide a copy of the notice to the entity.
Under the OIA I seek:
1) a copy of your written notice to the Chief Executive of the Environmental Protection Authority as required under s36(1) including time and date it was sent;
2) a copy of any advice you received from the CE of the EPA on how to ensure EPA staff were aware of your decision before it became public;
3) the communications strategy prepared by your office to ensure appropriate advice to EPA staff;
4) copies of any correspondence with the Public Service Association to ensure the wellbeing of EPA staff through this transition;
5) copy of the advice you received from the Public Service Commissioner on the requirement under the legislation to advice the EPA at the same time as member being removed;
6) copies of any advice from the PSC on how to manage the impact of your decision on EPA staff;
7) any advice provided by the CE of MFE on the importance of complying with your statutory duty to advice the entity concerned.
Yours faithfully,
Harris Leigh
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This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
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hide quoted sections
From: Environment
Dear Harris Leigh
Please find attached a response to your email dated 2 March 2023.
Kind regards
Office of Hon David Parker
Office of Hon David Parker MP | Attorney-General | Minister for the
Environment | Minister of Revenue | Associate Minister of Finance
Authorised by Hon David Parker MP, Parliament Buildings, Wellington
-----Original Message-----
From: Harris Leigh <[FOI #21971 email]>
Sent: Thursday, 2 March 2023 2:29 PM
To: D Parker (MIN) <[email address]>
Subject: Official Information request - Compliance with section 36(1) of
Crown Entities Act requirement to advise entity directly of exercise of
power
Dear Minister for the Environment,
On 2 March 2023 you exercised your power under section 36 of the Crown
Entities Act 2004 to remove a member of the board of the Environmental
Protection Authority.
As you will be aware s36(2) requires
"The removal must be made by written notice to the member (with a copy to
the entity)."
The letter that you have publicly released providing this written notice
is addressed to the member being removed and copied to his fellow board
members, the Chief Executive of the crown monitor and the Public Service
Commissioner.
There is nothing to indicate the written notice to indicate how you have
complied with the requirement to provide a copy of the notice to the
entity.
Under the OIA I seek:
1) a copy of your written notice to the Chief Executive of the
Environmental Protection Authority as required under s36(1) including time
and date it was sent;
2) a copy of any advice you received from the CE of the EPA on how to
ensure EPA staff were aware of your decision before it became public;
3) the communications strategy prepared by your office to ensure
appropriate advice to EPA staff;
4) copies of any correspondence with the Public Service Association to
ensure the wellbeing of EPA staff through this transition;
5) copy of the advice you received from the Public Service Commissioner on
the requirement under the legislation to advice the EPA at the same time
as member being removed;
6) copies of any advice from the PSC on how to manage the impact of your
decision on EPA staff;
7) any advice provided by the CE of MFE on the importance of complying
with your statutory duty to advice the entity concerned.
Yours faithfully,
Harris Leigh
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[1][FOI #21971 email]
Is [2][David Parker request email] the wrong address for Official
Information requests to David Parker? If so, please contact us using this
form:
[3]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
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