OIA 47900 Letter of Response Request for all information regarding Te Puni K kiri process for drafting section 8I reports.pdf

link to page 1

[19/01/2024]

File Ref: OIA 47900
Delia Mason
[FYI request #24651 email]

Tēnā koe Delia

Official Information Act request

Thank  you  for  your  information  request  dated  3  November  2023.  You  asked  for  the
following information:
“I am interested in your section 81 reports. For your latest report until June 2022,
please  provide  information  about  your  internal  decision  making  about  the
approach you took to this report.
Please  also  provide  copies  of  all  information  about  your  interactions  with  Te
Arawhiti and the Ministry of Justice about this report and its content.”

On 30 November 2023 we wrote to you to advise of an extension to the time available to
respond, to enable time for consultation.

Your request has been considered in accordance with the Official Information Act 1982 (the
Act).

In response to the first part of your request, please see the below information that details
the  process  taken,  including  decisions  on  content,  to  develop  the  Section  8I  2021/22
Report.

The Section 8I Report

The Section 8I Report is an annual report covering the reporting period of 1 July – 30 June.
It is required under Section 8(i) of the Treaty of Waitangi Act 1975:

“The Minister of Māori Affairs1 shall in each year prepare and lay before the House of
Representatives a report on the progress being made in the implementation of
recommendations made to the Crown by the Tribunal.”
The development of the Section 8I Report is led by Te Puni Kōkiri, with input provided by
various Crown agencies regarding their progress on addressing recommendations from
the Waitangi Tribunal (their updates).
The report has updates for 36 Waitangi Tribunal reports (five released within 1 July 2021
and 30 June 2022).

1 Now ‘Minister for Māori Development’.

Approach taken to develop the Section 8I Report 2021/22

The  approach  taken  to  develop  the  Section  8I  Report  2021/22  was  largely  the  same
approach taken in previous years. The below outline is placed in order of the contents of
the Section 8I Report 2021/22.

Development of the foreword, abbreviations, and introduction
The  foreword  was  developed  and  approved  by  Te  Puni  Kōkiri.  The  abbreviations  and
introduction are standardised text (from previous Section 8I Reports) that were updated to
reflect the contents of the Section 8I 2021/22 Report.

Development of the feature presentation
The feature presentation for the Section 8I Report 2021/22 consisted of three pieces:
1.  A  Hauora  Journey:  Fundamental  Reform  of  Primary  Health  Care  for  iwi  Māori  and
Aotearoa (the Hauora Journey).
2.  Wai 262: Ko Aotearoa Tēnei Update (the Wai 262 update).
3.  The  “kaupapa  approach”  being  implemented  by  the  Waitangi  Tribunal  to  address
kaupapa inquiries (the kaupapa approach).

We considered a range of topics for the feature presentation. The three topics above were
selected to highlight kaupapa of critical importance and changes occurring in the public
sector.
•  The Hauora Journey topic was selected to enable a discussion on Māori health
inequities and the initiatives being implemented to address these.
•  The Wai 262 update was originally developed to be part of the agency update table
(process outlined below). Upon receiving the updates, we decided that it should be
included as part of the feature presentation due to the deep dive that it took into
the kaupapa and the whole of government response being implemented.
•  The kaupapa approach piece was selected to provide an overview and update on
the  approach  being  implemented  as  this  is  relevant  to  the  content  of  Section  8I
Reports and the Waitangi Tribunal Report process.

The  Hauora  Journey  and  kaupapa  inquiry  pieces  were  written  by  an  external  writer,  in
consultation with the relevant external agencies.
Preparing the summaries of new Waitangi Tribunal Reports
In the reporting period 1 July 2021 – 30 June 2022, five new Waitangi Tribunal Reports
(Tribunal Reports) were released. These new Tribunal Reports were summarised by Te
Puni Kōkiri and added to the ‘agency update table’ (the table agencies add their updates
to).

The  agency  update  table  was  provided  to  the  Waitangi  Tribunal  for  their  review  of  the
Tribunal Report summaries.

Agency input/consultation
Agencies  are  required  to  provide  an  update  on  their  progress  on  addressing
recommendations from the Waitangi Tribunal and to assign their update with a ‘status’ (In
Progress, Ongoing, Partially Settled, or Settled).

Agencies  updates  were  reviewed  internally  as  they  were  received,  and  any
feedback/changes were provided to agencies to amend/approve.

The agency update table was also provided to Crown Law for review. Their feedback was
provided to the relevant agencies to review and amend/approve.

Ministerial consultation
Ministerial consultation on the final draft report was also undertaken with the Minister for
Māori  Development  as  well  as  Ministers  whose  agencies  had  provided  updates  in  the
Section 8I 2021/22 Report. No feedback was provided by any Ministers.

Publication and presenting
The Section 8I Report was presented to the House of Representatives by the Minister for
Māori Development on 06th September 2023.

In response to the second part of your request, for “…copies of all information about your
interactions with Te Arawhiti and the Ministry of Justice about this report and its content”,
18 documents have been identified in scope of this part of your request. The documents
and  my  decisions  with  regard  to  the  release  of  the  information  are  set  out  in  the  table
attached as Appendix A.

Some information has been withheld in accordance with the Act on the following grounds:
•  Section 9(2)(a) – in order to protect the privacy of natural persons.

In  making  the  decision  to  withhold  information,  we  have  considered  the  public  interest
considerations  in  section  9(1)  of  the  Act  and  do  not  believe  they  outweigh  the  privacy
interests to release the information.

A small number of redactions have been marked as “out of scope”. These “out of scope”
redactions relate to information that is not in scope of your request.

I trust my response satisfies your request.

You have the right to seek an investigation and review by the Ombudsman of this response.
Information about how to make a complaint is available at www.ombudsman.parliament.nz
or freephone 0800 802 602.

Please note that Te Puni Kōkiri publishes some of its OIA responses on its website, after
the  response  is  sent  to  the  requester.  The  responses  published  are  those  that  are
considered to have a high level of public interest. We will not publish your name, address
or contact details.

If you wish to discuss any aspect of your request with us, including this decision, please
feel free to contact us at [TPK request email].

Ngā mihi

Tamati Olsen
Hautū , Te Puni Kaupapa Here | Acting Deputy Secretary, Policy Partnerships

Appendix A – Documents: OIA request from Delia Mason dated 3 November 2023

Item
Date
Document description
Decision
1.
31 August 2022
Email  correspondence  between  Te  Puni  Kōkiri  and  Ministry  of  Justice  (Waitangi  Released with certain
Tribunal Unit)
information withheld
under section 9(2)(a)
Subject: Waitangi Tribunal Claims Update (Section 8I Report)
2.
16
September  Email correspondence between Te Puni Kōkiri, Te Arawhiti, and Ministry of Justice  Released with certain

2022
information withheld

Subject: Section 8I Report – July 1 2021 – June 30 2022
under section 9(2)(a)

3.
21
September  Email correspondence between Te Puni Kōkiri and Te Arawhiti (P1)
Released with certain
2022
information withheld
Subject: Section 8I Report – July 1 2021 – June 30 2022
under section 9(2)(a)

4.
31 October 2022
Email  correspondence  between  Te  Puni  Kōkiri  and  Ministry  of  Justice  (Waitangi  Released with certain
Tribunal Unit)
information withheld
under section 9(2)(a)
Subject: Section 8I Summaries for your Review

Attachment 1 Draft Section 8I table Oct 2022.docx (31/10/2022, 8.43am)
Released as Document
4, Attachment 3

Attachment  2  Comments  Draft  Section  8I  table  Oct  2022_suggested  edits.docx  Released as Document
(4/11/2022, 11.25am)
4, Attachment 3

Attachment 3 Section 8I Draft Summary Table.pdf (4/11/2022, 12.57pm)
Released in full
Note: Excerpt provided in accordance with section 16(1)(a) of the Act.
5.
7
November  Email correspondence between Te Puni Kōkiri and Te Arawhiti
Released with certain
2022
information withheld
Subject: Section 8I Report 2021_2022 – Updates Required
under section 9(2)(a)
Attachment  1  07  11  2022  Section  8I  Draft  Summary  Table.docx  (07/11/2022,  Released as Document
8.45am)
4, Attachment 3

Attachment 2 31 10 2022 Index of reports (3).xlsx (07/11/2022, 8.45am)
Released in full
6.
18
November  Email correspondence between Te Puni Kōkiri and Te Arawhiti
Released with certain
2022
information withheld
Subject: Section 8I – WAI 814
under section 9(2)(a)
Attachment  1  2022  1109  Section  8I  Draft  Summary  Table.docx  (22/11/2022,  Released as Document
9.57am)
4, Attachment 3
Attachment  2  2022  1109  Section  8I  Draft  Summary  Table.docx  (07/12/2022,  Released as Document
11.07am)
4, Attachment 3
Attachment  3  2022  1109  Section  8I  Draft  Summary  Table  -  Te  Arawhiti  V2.docx  Released as Document
(07/12/2022, 11.49am)
4, Attachment 3
Attachment  4  2022  1109  Section  8I  Draft  Summary  Table.docx  (16/12/2022,  Released as Document
12.45pm)
4, Attachment 3
Attachment 5 REVIEW Te Arawhiti Section 8I 03 2023.docx (21/03/2021, 3.59pm)
Released as Document
4, Attachment 3
Attachment 6 REVIEW Te Arawhiti Section 8I 03 2023.docx (28/03/2023, 4.47pm)
Released as Document
4, Attachment 3

Attachment  7  MP  REVIEW  Te  Arawhiti  Section  8I  03  2023.docx  (11/04/2023,  Released as Document
9.03am)
4, Attachment 3
Attachment  8  MP  REVIEW  Te  Arawhiti  Section  8I  03  2023.docx  (18/04/2023,  Released as Document
6.25pm)
4, Attachment 3
Attachment 9 Section 8I Te Arawhiti Review 27042023.docx (27/04/2023, 1.27pm)
Released as Document
4, Attachment 3
Attachment 10 Section 8I Te Arawhiti Review 27042023.docx (03/05/2023, 3.22pm)  Released as Document
4, Attachment 3
Attachment  11  Section  8I  Te  Arawhiti  Review  27042023  -  ML  Edits.docx  Released as Document
(04/05/2023, 12.02pm)
4, Attachment 3
Attachment 12 2023 07 25 Te Arawhiti Section 8I Report 2021 - CL Review.docx  Released as Document
(25/07/2023, 3.11pm)
4, Attachment 3
Attachment 13 2023 07 27 Te Arawhiti Section 8I Report 2021 - TA comms post-
Released as Document
CLO Review.docx (27/07/2022, 11.02am)
4, Attachment 3
7.
22
November  Email correspondence between Te Puni Kōkiri and Te Arawhiti
Released with certain
2022
information withheld
Subject: Section 8I Responses
under section 9(2)(a)
Attachment 1 - Copy of Index of reports 07 11 2022
Released as Document
5, Attachment 2
Attachment 2 - 31 10 2022 Draft Summary Table
Released as Document
4, Attachment 3
8.
24
November  Email correspondence between Te Puni Kōkiri and Ministry of Justice
Released with certain
2022
information withheld
Subject: Ministry of Justice RE_Section 8I – Wai 2870
under section 9(2)(a)

Attachment 1 Department of Corrections Section 8i update 2021-22 Wai 2870.docx  Released as Document
(24/11/2022, 2.03pm)
4, Attachment 3
Attachment 2 Department of Corrections Section 8i update 2021-22 Wai 2870.docx  Released as Document
(28/11/2022, 7.32am)
4, Attachment 3

Attachment  3  Ministry  of  Justice  Section  8i  update  2021-22  Wai  2870  v2.docx  Released as Document
(13/12/2022, 11.46am)
4, Attachment 3

Attachment  4  Ministry  of  Justice  Section  8i  update  2021-22  Wai  2870.docx  Released as Document
(12/12/2022, 4.56pm)
4, Attachment 3
Attachment 5 Wai 2870 for MoJ - Corrections Review 27042023.docx (27/04/2022,  Released in full
1.27pm)
9.
24
November  Email  correspondence  between  Te  Puni  Kōkiri  and  Ministry  of  Justice  (Waitangi  Released with certain
2022
Tribunal Unit)
information withheld
under section 9(2)(a)
Subject: Section 8I – WAI 2870
Attachment 1 Department of Corrections Section 8i update 2021-22 Wai 2870.docx  Released as Document
(24/11/2022, 2.03pm)
8, Attachment 5
10.
5 January 2023
Email  correspondence  between  Te  Puni  Kōkiri  and  Ministry  of  Justice  (Waitangi  Released with certain
Tribunal Unit)
information withheld
under section 9(2)(a)
Subject: Section 8I – Wai 45
Note: Attachment 1 2022 Final Section 8I Report 2021.pdf (05/01/2023, 10.51am)
Released in full as
Document 4,
Attachment 3

11.
19 May 2023
Email correspondence between Te Puni Kōkiri and Te Arawhiti
Released with certain
information withheld
Subject:  Fwd_ACTION_Seeking  endorsement  –  Section  8i  Treaty  of  Waitangi  under section 9(2)(a)
reporting
Note: The Attachment to this email is out of scope of your request.
12.
16 June 2023
Email correspondence between Te Puni Kōkiri and Te Arawhiti
Released with certain
information withheld
Subject: Te Pae Tawhiti DCE Agenda Pack – 21 Pipiri_IN-CONFIDENCE
under section 9(2)(a)
Note: The Attachment to this email is out of scope of your request.
13.
20 June 2023
Email correspondence between Te Puni Kōkiri and Te Arawhiti
Released with certain
information withheld
Subject: Information request from Te Puni Kōkiri – Te Haeata
under section 9(2)(a)
14.
30 June 2023
Email  correspondence  between  Te  Puni  Kōkiri  and  Ministry  of  Justice  (Waitangi  Released with certain
Tribunal Unit)
information withheld
under section 9(2)(a)
Subject: Draft email for the Waitangi Tribunal
15.
4 July 2023
Email  correspondence  between  Te  Puni  Kōkiri  and  Ministry  of  Justice  (Waitangi  Released with certain
Tribunal Unit)
information withheld
under section 9(2)(a)
Subject: Supplementary piece for your Section 8i Report

Note: Attachment 1: Draft email for the Waitangi Tribunal
Released with certain
information withheld
under section 9(2)(a)
16.
4 July 2023
Email  correspondence  between  Te  Puni  Kōkiri  and  Ministry  of  Justice  (Waitangi  Released with certain
Tribunal Unit)
information withheld
under section 9(2)(a)
Subject: Supplementary piece for your Section 8i Report 1

Note:  Attachment  1  (attached  to  email  of  04/07/2023,  4.20pm)  is  out  of  scope  of
your request.
Attachment 2 2023 07 04 Kaupapa Inquiries Piece.docx (4.20pm)
Released in full
Attachment  3  2023  07  04  Kaupapa  Inquiries  Piece  Waitangi  Trib  Uni.docx  Released in full
(06/07/2023, 10.44am)
Attachment 4 2023 07 04 Section 8I 2021-22 Draft 2 Feature Narrative (004) Wait  Released in full
Trib Unit.docx (06/07/2023, 10.44am)
17.
4 July 2023
Email  correspondence  between  Te  Puni  Kōkiri  and  Ministry  of  Justice  (Waitangi  Released with certain
Tribunal Unit)
information withheld
under section 9(2)(a)
Subject: Supplementary piece for your Section 8i Report 2
Note: Attachment 2 (attached to email of 04/07/2023, 4.20pm) and 6 (attached to
email of 06/07/2023, 2.11pm) are out of scope of your request.
Attachment 1 2023 07 04 Kaupapa Inquiries Piece.docx (04/07/2023, 4.20pm
Released as Document
16, Attachment 2
Attachment  3  2023  07  04  Kaupapa  Inquiries  Piece  Waitangi  Trib  Uni.docx  Released as Document
(06/07/2023, 10.44am)
16, Attachment 3
Attachment 4 2023 07 04 Section 8I 2021-22 Draft 2 Feature Narrative (004) Wait  Released as Document
Trib Unit.docx (06/07/2023, 10.44am)
16, Attachment 4
Attachment  5  2023  06  07  Kaupapa  Inquiries  Piece  Draft  -  Section  8I.docx  Released as Document
(06/07/2023, 2.11pm)
16, Attachment 2
18.
6
September  Email correspondence between Te Puni Kōkiri and Te Arawhiti
Released with certain
2023
information withheld
Subject: Section 8I Report 2022 – link to final report
under section 9(2)(a)

Attachment 1 Section 8I Report 2022
Refused in full under
section 18(d)
Available  on  Te  Puni  Kōkiri’s  website  at:  www.tpk.govt.nz/en/o-matou-
mohiotanga/crownmaori-relations/the-section-8i-report-2022

Key to Letter of Final Response
Heading
Direction
Some  information
•  Section 9(2)(a) - withholding to protect the
has  been  withheld
privacy  of  natural  persons,  including
in  accordance  with
deceased natural persons.
the  Act  on  the
o  Some
information
has
been
following grounds:
redacted  to  ensure  the  privacy  of

the persons.