This is an HTML version of an attachment to the Official Information request 'Process for drafting section 81 reports'.

ACT
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Document 8
 
 
From: Maddy Lambert <9(2)(a)
@tpk.govt.nz> 
Sent: Tuesday, 2 May 2023 2:55 pm
To: Out of Scope
 Jordan, Robert
<[email address]>
Cc: Out of Scope
 Hewson,
Lucy <[email address]>
Subject: RE: Ministry of Justice update RE: Section 8I - Wai 2870
 
Kia ora koutou,
 
Thank you both for your input and whakaaro regarding the review pātai.
 
I have incorporated your feedback into the original sentence and added the below addition to clarify its
independence (in red):
ACT
In addition, we note that the establishment of the TPOG does not fully address the recommendation and did
not intend to as it was established independently, but in relation to WAI 2870
.”
Please let me know if this reflects your kōrero.
THE 
 
John, I have added the additional information you provided to the master document.
 
If everyone agrees on the amendments, I will feed the changes back to the reviewer and get back to you if
further clarification is sought.
 
Thank you again kōrua.
 
Ngā mihi nui,
 
UNDER 
Maddy
From: Out of Scope
 
Sent: Tuesday, May 2, 2023 11:04 AM
To: Maddy Lambert <9(2)(a)
@tpk.govt.nz>
Cc: Out of Scope
INFORMATION  Jordan,
Robert <[email address]>; [email address]
Subject: RE: Ministry of Justice update RE: Section 8I - Wai 2870
 
Out of Scope
 
 
RELEASED 
 
 
OFFICIAL 
 
 
 


ACT
THE 
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Document 8
 
Enjoy the rest of your day, and I will be in touch when the next steps are in motion. Have a great Christmas and
New Year.
 
Ngā mihi nui,
 
Maddy
 
From: Hewson, Lucy <[email address]> 
Sent: Friday, 16 December 2022 9:48 am
To: Maddy Lambert <9(2)(a)
@tpk.govt.nz>
Cc: Jordan, Robert <[email address]>
Subject: RE: Ministry of Justice update RE: Section 8I - Wai 2870
 
Kia ora Maddy
 
ACT
Thank you for highlighting that. Your suggested changes look great – I’ve made some small amendments,
please let me know if you are happy with these.
 
“The Independent Review panel released its review consultation document in September 2022 and in May
THE 
2023 the panel will release its draft recommendations and invite feedback from the public.”
 
Thank you for updating me on the next steps, and I look forward to receiving the next version for comment.
 
Ngā mihi,
 
Lucy
 
 
 
Lucy Hewson 
(she/her)
Policy Advisor | Electoral and Constitutional
Civil and Constitutional Unit | Policy Group 
UNDER 
Ministry of Justice | Tāhū o te Ture
Out of Scope | Ext Out of Scope
National Office | Justice Centre | 19 Aitken Street 
DX Box SX10088 | Wellington
[email address] | justice.govt.nz
 INFORMATION 
 
 
From: Maddy Lambert <9(2)(a)
@tpk.govt.nz> 
Sent: Thursday, 15 December 2022 10:07 am
To: Hewson, Lucy <[email address]>
Subject: RE: Ministry of Justice update RE: Section 8I - Wai 2870
 
Mōrena Lucy,
 
RELEASED 
Thank you for your Section 8I response and for the changes you made. Just one quick query – I note the release
of the Independent Review consultation document occurred in September 2022, which, unfortunately is after
the reporting cut-off date of July 2022. I have slightly changed the structure of the sentence (see highlighted
OFFICIAL 
sentence) so it is more of a lean-in for an update for next year’s report:
Original:
In September 2022 the Independent Review released its consultation document. Consultation is now closed,
and the Panel is now considering what it has heard and developing recommendations on what could change. In
May of next year, the Panel will release its draft recommendations and invite feedback from the public
.”
Suggested:
“The Independent review panel released its review in September 2022 and in May 2023 the panel will release
its draft recommendations and invite feedback from the public.”


Document 8
 
Please let me know your thoughts on this small change.
 
Going forward, the report will be reviewed by some internal colleagues, then by Crown Law; you will have the
opportunity to comment on any changes suggested by either party.
 
Thanks again for your mahi.
 
Ngā mihi nui,
 
Maddy
From: Hewson, Lucy <[email address]> 
Sent: Tuesday, 13 December 2022 11:46 am
To: Andrew Rewi <9(2)(a)
@tpk.govt.nz>; Maddy Lambert <9(2)(a)
@tpk.govt.nz>
Cc: Jordan, Robert <[email address]>; Denoual, Hayley <[email address]>;
Andrews, Matthew <[email address]>; Turvey, Arnu <[email address]>
Subject:
ACT
 RE: Ministry of Justice update RE: Section 8I - Wai 2870
 
Kia ora Maddy and Andrew
 
THE 
Thank you both for your feedback on the inclusion of TPOG in this update. It was very helpful to hear your
views, particularly regarding appropriately qualifying the development of TPOG. We have incorporated this into
the document, including Maddy’s suggested addition.
 
Please see the updated document attached.
 
Thanks again.
 
Ngā mihi,
 
Lucy
 
UNDER 
 
 
Lucy Hewson 
(she/her)
Policy Advisor | Electoral and Constitutional
Civil and Constitutional Unit | Policy Group 
Ministry of Justice | Tāhū o te Ture
+Out of Scope | Ext Out of Scope
INFORMATION 
National Office | Justice Centre | 19 Aitken Street 
DX Box SX10088 | Wellington
[email address] | justice.govt.nz
 
 
 
From: Andrew Rewi <9(2)(a)
@tpk.govt.nz> 
Sent: Tuesday, 13 December 2022 10:16 am
To: Hewson, Lucy <[email address]>; Maddy Lambert <9(2)(a)
@tpk.govt.nz>
RELEASED 
Cc: Jordan, Robert <[email address]>; Denoual, Hayley <[email address]>;
Andrews, Matthew <[email address]>; Turvey, Arnu <[email address]>
Subject: RE: Ministry of Justice update RE: Section 8I - Wai 2870
OFFICIAL 
 
Kia ora Lucy / Maddie
 
Just to be clear, the only aspect of this update I’m commenting on is the inclusion of the TPOG narrative.  I
don’t know anything about this report or the government’s actual response to it.
 
I haven’t spoken with Te Arawhiti, but see and share their concern that, without the lead-in comment (under
“Ministry of Justice” under “Status Update”) Te Arawhiti’s suggested text, the inclusion of TPOG in this update





Document 8
misleadingly implies that the development of TPOG was an intended part of the government’s response to this
recommendation, when it hasn’t been and to my knowledge at no point did MoJ ever suggest such or that
TPOG’s establishment would contribute to such as response.
 
TPOG’s development was completely independent of this claim and Tribunal report and recommendations.  It’s
part of a broad range of Māori-Crown Relationship related initiatives and guidance, developed over the last few
years and aimed at improved MCRs and an improved understanding of and application of the Treaty and its
principles toward an improved Treaty relationship.
 
That said, TPOG’s existence and role/function does contribute towards addressing this recommendation, and
MoJ is a TPOG member so it should be referenced here – but qualified as you have.  It might also be noted that
it doesn’t fully address the recommendation and there is more that could/should be done by government
agencies and Ministers generally and in specific instances/advice to respond to the recommendation (eg,
ensuring improved MCR and Treaty analysis and advice in policy and operations, improved engagement with
and involvement of Māori, …)  
 
Overall fine with the narrative given the inclusion of the lead-in qualification and Te Arawhiti’s text.
ACT
 
Andrew
 
THE 
 
Andrew Rewi
Tauwaea DDI : 9(2)(a)
 | Waea Pūkoro M : 9(2)(a)
Chief Advisor, Policy Partnerships
Waea Whakaahua F : 0800 875 329
   
    Te Puni Kōkiri, PO Box 3943, Wellington 6140, Aotearoa
  Te Puni Kōkiri Website    
  Kōkiri Magazine    
  Facebook
      
 
From: Hewson, Lucy <[email address]> 
UNDER 
Sent: Monday, 12 December 2022 4:56 pm
To: Maddy Lambert <9(2)(a)
@tpk.govt.nz>; Andrew Rewi <9(2)(a)
@tpk.govt.nz>
Cc: Jordan, Robert <[email address]>; Denoual, Hayley <[email address]>
Subject: Ministry of Justice update RE: Section 8I - Wai 2870
 
INFORMATION 
Kia ora kōrua
 
Maddy, as requested, we have prepared an update regarding the Section 8I update for Wai 2870 He Aha I Pera
Ai, The Māori Prisoners Voting Report. This is attached, although please note I will await Andrew’s views on this
content.
 
Andrew – My name is Lucy Hewson and I work in the Electoral and Constitutional Team at the Ministry of
Justice. I have included you in this chain as I am hoping you can provide some guidance on the inclusion of
certain information in the Section 8I update for Wai 2870.
RELEASED 
 
You will see that in the Ministry of Justice update we have included reference to the Treaty Provisions
Oversight Group (TPOG) and the guidance on providing for the Treaty in legislation. We discussed this with Te
Arawhiti, who suggested we run this by you.
OFFICIAL 
 
Te Arawhiti had a concern that inclusion of these items suggests the TPOG and its associated guidance
document was a response to, or even a fulfilment of, the Tribunal’s recommendation that: “A process is
implemented for ensuring that Crown officials provide properly informed advice on the likely impact that any
Bill, including members’ Bills, will have on the Crown’s Treaty of Waitangi obligations
.”  Te Arawhiti noted that
this risks TPOG’s role being misconstrued, and that if TPOG is to be mentioned, it should be made clear Wai
2870 was not its genesis, rather it was part of the Crown’s broader efforts to support more effective policy and


Document 8
Treaty analysis in the design of legislation. In prompting critical thinking and good process TPOG may
contribute to the Tribunal’s stated objective of agencies providing clearer advice on how legislation provides
for the Treaty, but it should not be seen as providing systemic assurance this is happening as recommended by
the Tribunal.
 
We have tried to incorporate this into the update, to ensure TPOG’s role is not misconstrued. We would be
grateful for your views on how we have incorporated this into the material.
 
Please let me know if you have any questions.
 
Thank you both, and I look forward to hearing from you.  
 
Ngā mihi,
 
Lucy
 
 
 
Lucy Hewson 
(she/her)
Policy Advisor | Electoral and Constitutional
ACT
Civil and Constitutional Unit | Policy Group 
Ministry of Justice | Tāhū o te Ture
9(2)(a)
 | Ext 9(2)(a)
National Office | Justice Centre | 19 Aitken Street 
THE 
DX Box SX10088 | Wellington
[email address] | justice.govt.nz
 
 
 
From: Maddy Lambert <9(2)(a)
@tpk.govt.nz> 
Sent: Monday, 28 November 2022 9:10 am
To: Denoual, Hayley <[email address]>
Cc: Jordan, Robert <[email address]>; Hewson, Lucy <[email address]>
Subject: RE: Section 8I - Wai 2870
UNDER 
 
Kia ora Hayley,
 
Thank you, that sounds like a good plan – reach out if you have any pātai in the meantime.
Kia pai tō rā.
INFORMATION 
 
Ngā mihi nui,
 
Maddy
 
From: Denoual, Hayley <[email address]> 
Sent: Monday, 28 November 2022 9:07 am
To: Maddy Lambert <9(2)(a)
@tpk.govt.nz>
Cc: Jordan, Robert <[email address]>; Hewson, Lucy <[email address]>
RELEASED 
Subject: RE: Section 8I - Wai 2870
 
You don't often get email from [email address]. Learn why this is important
OFFICIAL 
Hi Maddy
 
We’ll try for then,  and let you know closer to the date if it’s not looking feasible.
 
Hayley
 
 
 


Document 8
Hayley Denoual  (she/her)
Policy Manager |Kaiwhakahaere Kaupapa
Electoral and Constitutional Policy |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture 
9(2)(a)
 | Ext 9(2)(a) | Mob 9(2)(a)
Justice Centre | 19 Aitken Street 
[email address] | justice.govt.nz
‘Chat with me on Teams’
 
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own working
hours.
 
From: Maddy Lambert <9(2)(a)
@tpk.govt.nz> 
Sent: Monday, 28 November 2022 8:28 am
To: Denoual, Hayley <[email address]>
Cc: Jordan, Robert <[email address]>; Hewson, Lucy <[email address]>
Subject: RE: Section 8I - Wai 2870
ACT
 
Mōrena Hayley,
 
Thanks Hayley, that would be great if you could provide an update on those items. As for a timeframe, would
THE 
Monday 12 December be enough time to gather the required information? Please let me know if this is not
possible, I know things are hectic at the moment as we come to the end of the year.
 
Ngā mihi nui,
 
Maddy
 
From: Denoual, Hayley <[email address]> 
Sent: Monday, 28 November 2022 7:32 amUNDER 
To: Maddy Lambert <9(2)(a)
@tpk.govt.nz>
Cc: Jordan, Robert <[email address]>; Hewson, Lucy <[email address]>
Subject: FW: Section 8I - Wai 2870
 
You don't often get email from [email address]. Learn why this is important
INFORMATION 
 
 
 
Sandra has kindly forwarded your email regarding the Section 8I update for Wai 2870 He Aha I Pera Ai, The
Māori Prisoners Voting Report to the Policy Group – this particular item sits with my team.
 
We can endeavour to provide a brief update of some of the current work in eth electoral law reform area that
may be useful, and could also link in with Te Arawhiti  about  the third bullet point re:  ensuring that advice is
provided on the likely impact of Bills on the Crown’s Treaty of Waitangi obligations. 
 
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I’m just emailing to check your time frames/ when you would need any update by, as the team is pretty
stretched at the moment coming into the end of the year.
 
Nga mihi
OFFICIAL 
 
Hayley
 
 
 
 
Hayley Denoual  (she/her)
Policy Manager |Kaiwhakahaere Kaupapa


Document 8
Electoral and Constitutional Policy |Civil and Constitutional Unit
Ministry of Justice | Tāhū o te Ture 
9(2)(a)
 | Ext 9(2)(a) | Mob 9(2)(a)
Justice Centre | 19 Aitken Street 
[email address] | justice.govt.nz
‘Chat with me on Teams’
 
We value and encourage flexible first. While it suits me to send this now, I do not expect a response or action outside of your own working
hours.
 
 
,
 
Please see below email and attached from Te Puni Kōkiri regarding the Section 8I update for Wai 2870 He Aha I
Pera Ai, The Māori Prisoners Voting Report, for your information.
ACT
 
I am forwarding this to MoJ Policy to respond to TPK, as discussed with Tony Fisher today.  TPK has been
notified accordingly.
 
THE 
Please let me know if you have any questions.
 
Monique, fyi as discussed, thank you for your assistance.
 
Ngā mihi, nā
Sandra
 
 
Sandra Edmonds
Deputy Director | Waitangi Tribunal | Te Rōpū Whakamana i te Tiriti o Waitangi
DDI: 9(2)(a)
 | EXTN: 9(2)(a)  |M: 9(2)(a)
UNDER 
Fujitsu Tower | 141 The Terrace | DX SX11237 | Wellington
www.justice.govt.nz
 
P   Whakaarotia a Papatūānuku i mua i tō tānga i te īmēra nei.
 
 
INFORMATION 
 
 
 
From: Maddy Lambert <9(2)(a)
@tpk.govt.nz> 
Sent: Thursday, 24 November 2022 2:03 pm
To: Fisher, Tony <[email address]>; Edmonds, Sandra <[email address]>
Subject: Section 8I - Wai 2870
 
Kia ora kōrua,
RELEASED 
 
I have received an email from Corrections regarding the Section 8I update for Wai 2870 He Aha I Pera Ai, The
Māori Prisoners Voting Report. Corrections have provided their update, but have also suggested that the
Ministry of Justice provide an update. MOJ was not initially tagged to Wai 2870, as an update was not provided
OFFICIAL 
from MOJ in last year’s Section 8I Report, however, if MOJ has been working in this area, it would be great to
have an update on this.
As this was not initially signalled, I understand you will most likely need extra time to gather the information,
and I apologise for the short notice. If there is an update to provide from MOJ, please let me know an expected
completion date.
 
Attached is the update provided by Corrections.

Document 8
 
Please reach out if you have any pātai, and have a great rest of your day.
 
Noho ora mai,
Ngā mihi,
 
Maddy
 
The views expressed in this email and any accompanying attachments do not necessarily reflect those of Te Puni Kokiri. Te Puni Kokiri
does not accept any responsibility whatsoever for any loss or damage that may result from reliance on or the use of the information
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This email together with any accompanying attachments may be confidential and subject to legal privilege. It may be read, copied and
used only by the intended recipient(s). If you have received this message in error, please notify the sender immediately by return email,
telephone or facsimile and delete this message. You may not copy, disclose or use the contents in any way. Thank you.
The views expressed in this email and any accompanying attachments do not necessarily reflect those of Te Puni Kokiri. Te Puni Kokiri
does not accept any responsibility whatsoever for any loss or damage that may result from reliance on or the use of the information
contained in this email or any accompanying attachments.
This email together with any accompanying attachments may be confidential and subject to legal privilege. It may be read, copied and
used only by the intended recipient(s). If you have received this message in error, please notify the sender immediately by return email,
telephone or facsimile and delete this message. You may not copy, disclose or use the contents in any way. Thank you.
ACT
The views expressed in this email and any accompanying attachments do not necessarily reflect those of Te Puni Kokiri. Te Puni Kokiri
does not accept any responsibility whatsoever for any loss or damage that may result from reliance on or the use of the information
contained in this email or any accompanying attachments.
This email together with any accompanying attachments may be confidential and subject to legal privilege. It may be read, copied and
used only by the intended recipient(s). If you have received this message in error, please notify the sender immediately by return email,
THE 
telephone or facsimile and delete this message. You may not copy, disclose or use the contents in any way. Thank you.
The views expressed in this email and any accompanying attachments do not necessarily reflect those of Te Puni Kokiri. Te Puni Kokiri
does not accept any responsibility whatsoever for any loss or damage that may result from reliance on or the use of the information
contained in this email or any accompanying attachments.
This email together with any accompanying attachments may be confidential and subject to legal privilege. It may be read, copied and
used only by the intended recipient(s). If you have received this message in error, please notify the sender immediately by return email,
telephone or facsimile and delete this message. You may not copy, disclose or use the contents in any way. Thank you.
The views expressed in this email and any accompanying attachments do not necessarily reflect those of Te Puni Kokiri. Te Puni Kokiri
does not accept any responsibility whatsoever for any loss or damage that may result from reliance on or the use of the information
contained in this email or any accompanying attachments.
This email together with any accompanying attachments may be confidential and subject to legal privilege. It may be read, copied and
used only by the intended recipient(s). If you have received this message in error, please notify the sender immediately by return email,
telephone or facsimile and delete this message. You may not copy, disclose or use the contents in any way. Thank you.
 
UNDER 
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only for the person or entity to which it is addressed and may contain privileged or in confidence material. Any
review, storage, copying, editing, summarising, transmission, retransmission, dissemination or other use of, by
any means, in whole or part, or taking any action in reliance upon, this information by persons or entities other
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INFORMATION 
material from all computers.
 
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The information in this message is the property of the New Zealand Department of Corrections. It is intended
only for the person or entity to which it is addressed and may contain privileged or in confidence material. Any
review, storage, copying, editing, summarising, transmission, retransmission, dissemination or other use of, by
any means, in whole or part, or taking any action in reliance upon, this information by persons or entities other
than intended recipient are prohibited. If you received this in error, please contact the sender and delete the
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RELEASED 
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