APPENDIX 1
Ministry of Social Development
NZMC Address for Service
56 The Terrace
19 Myrtle Street 15
The Aurora Centre
Woburn
Wellington, 6011
Lower Hutt, 5011
11 May 2022
Re: Whakatutuki Work Ready Programme
Tēnā koutou Ministry of Social Development,
1. The New Zealand Māori Council (“
NZMC”) is a statutory body established by s 17 of
the Māori Community Development Act 1962. It is part of a structure of “Māori
Associations” created by that Act, the other Māori Associations being Māori
Committees, Māori Executive Committees, and sixteen District Māori Councils. The
NZMC’s membership is comprised of three representatives appointed by each of the
sixteen District Māori Councils totalling 48 members.
2. On 26 October 2021 and 2 November 2021, the NZMC wrote to the Ministry of
Business, Innovation and Employment (“
MBIE”)
to request information under the
Official Information Act 1982 (
“OIA”) concerning contracts between MBIE and the
NZMC, specifically those entered into between MBIE and Matt Tukaki. This is because
Mr Tukaki was formally a member of NZMC between February 2018 and February
2021.
3. On 15 November 2021 the NZMC received a response from MBIE that it was
transferring the request to the Ministry of Social Development (“
MSD”) in accordance
with Section 14 of the OIA. MSD’s response to the NZMC’s request revealed that Mr
Tukaki authorised the NZMC to enter an agreement with MBIE, which commenced on
17 March 2021 for a value of $965,896 over two years (the “
Agreement”). It is in regard
to this agreement that the NZMC writes to you today.
4. The Agreement was for funding to promote community development for Māori in the
Benneydale rohe to deliver the “Whakatutuki Work Ready Programme” for Rangatahi
aged 18-24 who are not currently in employment, education or training in Bennydale,
Waimiha, Ongarue and Te Kuiti. The Project involves 6-month intensive programmes
1
delivered to 4 cohorts of 15 rangatahi each. The project will be delivered over 2 years
with 2 cohorts per year and will be structured in modules.
5. This agreement was authorised on behalf of NZMC by Mr Tukaki on 13 March 2021,
and Ms Diane Tuari on 3 March 2021, without the knowledge, consent or authority of
the NZMC to enter the Agreement. Nathan Grennell, Director of MBIE, signed on 17
March 2021. Neither Mr Tukaki, nor Ms Tuari, advised NZMC Executive members or
Chairman (Ven Harvey Ruru) of the Agreement. Ms Tuari has never held a leadership
role on NZMC.
6. On 22 April 2021, MBIE made one payment to the NZMC of $153,147 ($133,172 +
GST) upon commencement and conditions precedent being met. The NZMC had no
knowledge that this money was transferred into its accounts because all financial records
were managed hands-on by Mr Tukaki. To this day NZMC has none of its financial
records for this relevant period. Mr Tukaki removed the financial records on his
departure from NZMC and refuses to give them back.
7. On 1 July 2021, all He Poutama Rangatahi agreements were transitioned from MBIE to
Ministry of Social Development (“
MSD”) including the Whakatutuki Work Ready
Programme.
8. On 1 September 2021, the Agreement was purportedly novated/transferred to the
National Māori Authority Incorporated (“
NMA”), and the NZMC was released and
discharged from the agreement. This agreement to novate/transfer was signed for on
behalf of MSD by Hugh Miller, Group General Manager of Employment, on 08
September 2021. Diane Tuari signed the Agreement again but this time on behalf of the
National Māori Authority as Chief Executive on 05 September 2021. Mr Tukaki signed
on behalf of the NZMC purporting to be the Executive Director on 05 September 2021.
9. By 5 September 2021, Mr Tukaki held no position within the NZMC whatsoever. He
had no authority to novate an NZMC contract. He knew that this was the case because
he had taken and lost a High Court application to try to stop the control of the NZMC
passing to new office holders. A copy of the High Court decision is
enclosed.
10. Mr Tukaki is the Chairperson of the NMA. Since departing the NZMC, Mr Tukaki has
been promoting the NMA as a rival organisation to the NZMC. The NZMC is
concerned that he has been using the NZMC’s information to do this, including the
2
NZMC’s data base of all of its members and their contact details which he acquired
when he was working at NZMC.
11. No members of NZMC leadership or DMC Chairs had any knowledge of this contract
or that Mr Tukaki had novated away from NZMC. By novating the contract and
transferring it from the NZMC to the NMA he was clearly acting against the NZMC’s
interests and for the benefit of his own rival organisation.
12. This transfer raised a number of other issues where Mr Tukaki held himself out as being
in charge of NZMC and retaining NZMC’s confidential information and using it for his
own benefit. Mr Tukaki has continued to act in this way and the NZMC is now forced to
take measures to stop his behaviour.
13. The NZMC objects to the way the Agreement has been mishandled by both Mr Tukaki
and MSD, and again requests that copies of all contracts between MSD and Mr Tukaki
involving NZMC are released to us pursuant to the Official Information Act request
lodged in October 2021.
14. Further, the NZMC would appreciate the opportunity to meet with the appropriate and
authorised personnel at MSD via Zoom to discuss this issue.
Yours sincerely,
Peter Fraser
National Secretary
3
Ministry of Business, Innovation and Employment
NZMC Address for Service
15 Stout St
19 Myrtle Street 15
Wellington 6011
Woburn
Lower Hutt, 5011
11 May 2022
Re: Whakatutuki Work Ready Programme
Tēnā koutou Ministry of Business, Innovation and Employment,
1. The New Zealand Māori Council (“
NZMC”) is a statutory body established by s 17 of
the Māori Community Development Act 1962. It is part of a structure of “Māori
Associations” created by that Act, the other Māori Associations being Māori
Committees, Māori Executive Committees, and sixteen District Māori Councils. The
NZMC’s membership is comprised of three representatives appointed by each of the
sixteen District Māori Councils totalling 48 members.
2. On 26 October 2021 and 2 November 2021, the NZMC wrote to the Ministry of
Business, Innovation and Employment (“
MBIE”)
to request information under the
Official Information Act 1982 (
“OIA”) concerning contracts between MBIE and the
NZMC, specifically those entered into between MBIE and Matt Tukaki. This is because
Mr Tukaki was formally a member of NZMC between February 2018 and February
2021.
3. On 15 November 2021 the NZMC received a response from MBIE that it was
transferring the request to the Ministry of Social Development (“
MSD”) in accordance
with Section 14 of the OIA. MSD’s response to the NZMC’s request revealed that Mr
Tukaki authorised the NZMC to enter an agreement with MBIE, which commenced on
17 March 2021 for a value of $965,896 over two years (the “
Agreement”). It is in regard
to this agreement that the NZMC writes to you today.
4. The Agreement was for funding to promote community development for Māori in the
Benneydale rohe to deliver the “Whakatutuki Work Ready Programme” for Rangatahi
aged 18-24 who are not currently in employment, education or training in Bennydale,
Waimiha, Ongarue and Te Kuiti. The Project involves 6-month intensive programmes
1
delivered to 4 cohorts of 15 rangatahi each. The project will be delivered over 2 years
with 2 cohorts per year and will be structured in modules.
5. This agreement was authorised on behalf of NZMC by Mr Tukaki on 13 March 2021,
and Ms Diane Tuari on 3 March 2021, without the knowledge, consent or authority of
the NZMC to enter the Agreement. Nathan Grennell, Director of MBIE, signed on 17
March 2021. Neither Mr Tukaki, nor Ms Tuari, advised NZMC Executive members or
Chairman (Ven Harvey Ruru) of the Agreement. Ms Tuari has never held a leadership
role on NZMC.
6. On 22 April 2021, MBIE made one payment to the NZMC of $153,147 ($133,172 +
GST) upon commencement and conditions precedent being met. The NZMC had no
knowledge that this money was transferred into its accounts because all financial records
were managed hands-on by Mr Tukaki. To this day NZMC has none of its financial
records for this relevant period. Mr Tukaki removed the financial records on his
departure from NZMC and refuses to give them back.
7. On 1 July 2021, all He Poutama Rangatahi agreements were transitioned from MBIE to
Ministry of Social Development (“
MSD”) including the Whakatutuki Work Ready
Programme.
8. On 1 September 2021, the Agreement was purportedly novated/transferred to the
National Māori Authority Incorporated (“
NMA”), and the NZMC was released and
discharged from the agreement. This agreement to novate/transfer was signed for on
behalf of MSD by Hugh Miller, Group General Manager of Employment, on 08
September 2021. Diane Tuari signed the Agreement again but this time on behalf of the
National Māori Authority as Chief Executive on 05 September 2021. Mr Tukaki signed
on behalf of the NZMC purporting to be the Executive Director on 05 September 2021.
9. By 5 September 2021, Mr Tukaki held no position within the NZMC whatsoever. He
had no authority to novate an NZMC contract. He knew that this was the case because
he had taken and lost a High Court application to try to stop the control of the NZMC
passing to new office holders. A copy of the High Court decision is
enclosed.
10. Mr Tukaki is the Chairperson of the NMA. Since departing the NZMC, Mr Tukaki has
been promoting the NMA as a rival organisation to the NZMC. The NZMC is
concerned that he has been using the NZMC’s information to do this, including the
2
NZMC’s data base of all of its members and their contact details which he acquired
when he was working at NZMC.
11. No members of NZMC leadership or DMC Chairs had any knowledge of this contract
or that Mr Tukaki had novated away from NZMC. By novating the contract and
transferring it from the NZMC to the NMA he was clearly acting against the NZMC’s
interests and for the benefit of his own rival organisation.
12. This transfer raised a number of other issues where Mr Tukaki held himself out as being
in charge of NZMC and retaining NZMC’s confidential information and using it for his
own benefit. Mr Tukaki has continued to act in this way and the NZMC is now forced to
take measures to stop his behaviour.
13. The NZMC objects to the way the Agreement has been mishandled by both Mr Tukaki
and MBIE, and again requests that copies of all contracts between MBIE and Mr Tukaki
involving NZMC are released to us pursuant to the Official Information Act request
lodged in October 2021.
14. Further, the NZMC would appreciate the opportunity to meet with the appropriate and
authorised personnel at MBIE via Zoom to discuss this issue.
Yours sincerely,
Peter Fraser
National Secretary
3
From:
Ruth Laugesen
To:
Ruth Laugesen
Subject:
FW: Complaint received by Kānoa – RDU: New Zealand Maori Council letter to MBIEOut of scope
Date:
Wednesday, 14 September 2022 10:02:16 am
From: Andrew Mcnaught <[email address]>
Date: 19 May 2022 at 7:05:20 AM NZST
To: Amy Henare <[email address]>, Stephen Ruddell
<[email address]>
Cc: Nathan Grennell <[email address]>
Subject: FW: Complaint received by Kānoa – RDU: New Zealand Maori Council
letter to MBIE Out of scope
Good morning Amy/Stephen,
See below an update where we are at. We can discuss this on Friday.
Cheers
Andrew
From: Tane Dewes <[email address]>
Sent: Wednesday, 18 May 2022 4:59 pm
To: RDU OSI <[email address]>; Eleanor Green
<[email address]>; Andrew Mcnaught
<[email address]>; Kate TE Morenga
<[email address]>; Leah MacDonell <[email address]>;
Jo-Anne Taylor <[email address]>
Cc: Tania Paweska <[email address]>; Megan Allday
<[email address]>; Erika Harrison <[email address]>;
Nathan Grennell <[email address]>; Ashleigh Turner
<[email address]>
Subject: RE: Complaint received by Kānoa – RDU: New Zealand Maori Council letter
to MBIE Out of scope
Sensitivity: Out of scope
Kia ora koutou,
Sorry to jump on the waka a little late, but going through the material provided and
discussing with both Isabel and Elle we collectively agreed that this is a little more
serious than a complaint and are treating it as a dispute.
Elle will be taking the lead on this and OSI can support in an administrative capacity.
Elle, I can confirm that not sought legal advice yet, so will leave that up to you as
discussed.
Andrew will be touching base with MSD to gather information on Friday and will
advise the outcome of this meeting, but no documentation gathering is happening
yet at this stage.
As per email below, OSI will be in contact with NZMC to advise that Kānoa – RDU
has received their request (and their OIA request for a copy of the funding
agreement) and is working through the necessary steps to address it. The OIA has
to be addressed by 9 June, even though he already has a copy of the contract, that
was provided by MSD and not us, so MBIE will have to supply a copy as well.
Elle, would you also like OSI to set up weekly catch ups to keep track of how this is
progressing??
Ngā mihi
Tane Dewes
From: RDU OSI <RDU [email address]>
Sent: Tuesday, 17 May 2022 3:49 PM
To: Eleanor Green <[email address]>; Andrew Mcnaught
<[email address]>; Kate TE Morenga
<[email address]>; Leah MacDonell <[email address]>
Cc: Tania Paweska <[email address]>; Megan Allday
<[email address]>; RDU OSI <[email address]>; Tane Dewes
<[email address]>; Erika Harrison <[email address]>;
Nathan Grennell <[email address]>; Ashleigh Turner
<[email address]>
Subject: Complaint received by Kānoa – RDU: New Zealand Maori Council letter to
MBIE Out of scope
Importance: High
Sensitivity: Out of scope
Kia ora all,
Please see the attached complaint received by Kānoa – RDU on Monday 16 May
2022 (and the link to the media article: https://www.newsroom.co.nz/authority-of-
government-contract-questioned).
This complaint has been identified as a high risk/profile due to:
1. Media involvement
2. Legal advice required (possibly)
3. Risk to Kānoa’s reputation (possibly)
4. Suggestion of illegal activities
From what we have identified, this has been an ongoing issue before it was raised
as a complaint to Kānoa – RDU, as evidenced by recent media requests.
OSI will be in contact with the complainant to advise that Kānoa – RDU has received
their complaint (and their OIA request for a copy of the funding agreement) and is
working through the necessary steps to address it.
As per Kānoa – RDU’s complaints process documents, this complaint will require a
response from Robert’s Office with the support of Leah as the Tier 3 manager, and
Andrew as the relevant SME.
The next steps and recommended timeframes to complete them are outlined
below:
1. Consult MSD, legal and other relevant bodies for expert advice – 5 working
days
2. Draft a summary of the findings – 5 working days
3. Draft a response to the complaint – 5 working days
4. Finalise the response and send it to RDU [email address] to reply to the
complainant
The final response is due to the complainant on
Tuesday 14 June 2022. Note the
OIA response will be due no later than 9 June (as the request was first received by
MBIE on 11 May).
Many thanks and kind regards,
Navdha (Noda) Raniga
ADVISOR – OPERATIONS SUPPORT AND IMPROVEMENT
Kānoa – Regional Economic Development & Investment Unit
Ministry of Business, Innovation & Employment
[email address]
Level 8, 15 Stout Street, Wellington 6011
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