3 O ctober 2023
Harris Leigh
[FYI request #24035 email]
Dear Harris
Official Information Request
Our Ref: OIA 2023-0200
I refer to your official information request received on 5 September 2023 for:
Under the OIA I seek copies of any advice provided to ministers, including but not limited to the
Minister of Finance and the Prime Minister, relating to the application of the Code of Conduct
for Crown Entity Members
(https://www.publicservice.govt.nz/guidance/code-of-conduct-for-crown-entity-board-
members/) to the Chair of the Reserve Bank of New Zealand.
I also seek any information held by the PSC, including internal emails, whatsapp messages,
signal message, text messages or records of conversations relating to the conduct of the Chair
of the RBNZ as reported by Radio NZ
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.rnz.co.nz%2Fnew
s%2Fnational%2F497281%2Funiversity-of-waikato-boss-referred-to-new-medical-school-as-a-
present-for-future-national-
government&data=05%7C01%7Ccommission%40publicservice.govt.nz%7Cb3a26c481be6474e
c6ac08dbad7f35ba%7C41e14a91587d4fbf8dead6aea7148019%7C0%7C0%7C63829453412397
1360%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1ha
WwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=AEwal%2BecQG3fnufgk%2BOzPe0PlTPV
MDRnTitKV5IJh0o%3D&reserved=0
Without limitation, I am interested in any information relating to comments by the RBNZ Chair
such as: "The first student intake would be 2027 - a present to you to start your second term in
government!" as the Chair wrote, in a March 2023 email to National Party MP Shane Reti.”
Our Response
Te Kawa Mataaho Public Service Commission (the Commission) did not provide any advice to the
Minister of Finance or the Prime Minister relating to the application of the Code of Conduct for Crown
Entity Members.
Below is the entry that was included in the Weekly Report to the Minister for the Public Service - Week
ending 11 October 2019 relating to the Code of Conduct for Crown Entity Board Members:
Code of conduct for Crown entity board members
Fol owing amendments to the State Sector Act in 2018, SSC engaged with Crown entity boards
on a code of conduct for board members. A working group of chairs, board members and others
has been part of the development of a draft code and there seems to be good support for such a
code. Next week we wil commence formal consultation, with Chairs receiving letters seeking
Level 10, RBNZ Building | 2 The Terrace | PO Box 329
Wel ington 6140 | New Zealand
Phone +64 4 495 6600
feedback on the draft code and its application to their entity. As wel as the statutory Crown
entities (Crown agents, ACEs and ICEs) we wil also consult with the Crown entity companies
(TVNZ, Radio NZ, NZVIF and Crown Irrigation) and the Public Finance Act Schedule 4A
companies, which are within the mandate and subject to the employee code. This consultation
will help inform next steps.
Section 17(2) of the Public Service Act 2020 applies to board members of statutory entities (excluding
corporations sole) and Crown Entity companies (excluding Crown Research Institutes and their
subsidiaries).
Waikato University is a Tertiary Education Institution, and the Reserve Bank of New Zealand (RBNZ)
has statutory independence, they are both are outside of the jurisdiction of the Public Service
Commissioner (the Commissioner) and not covered by the Code of Conduct for Crown Entity Board
Members. The Commission noted the comments at the time they were made, but as the
Commissioner has no jurisdiction, no action was taken.
As such, the Commissioner has not considered the conduct Mr Quigley in either of his Board roles with
the RBNZ or Waikato University and therefore has no internal emails, messages or records of
conversations that fal within scope of your request.
We are therefore refusing your request under 18(e) of the Official Information Act 1982 on the grounds
that this information does not exist.
If you wish to discuss this decision with us, please feel free to contact
[email address]. You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at
www.ombudsman.parliament.nz or
freephone 0800 802 602.
Please note that we intend to publish this letter (with your personal details removed) on the Te Kawa
Mataaho Public Service Commission’s website.
Yours sincerely
Nicky Dirks
Manager – Ministerial and Executive Services
Te Kawa Mataaho Public Service Commission
Document Outline
