29 January 2024
Ben
[FYI request #25129 email]
Dear Ben
Official Information Request
Our Ref: OIA 2023-0314
I refer to your official information request received on 11 December 2024 for:
“In media articles various Ministers have been described as issuing "stop work Notices" or
"Stop work orders". One example in relation to transport would be here:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.rnz.co.nz%2Fnational
%2Fprogrammes%2Fmorningreport%2Faudio%2F2018917497%2Fauckland-light-rail-on-hold-
after-stop-work-notice-
issued&data=05%7C02%7Ccommission%40publicservice.govt.nz%7C814d0b588e9a4f84c8bd08db
f9e7a7f2%7C41e14a91587d4fbf8dead6aea7148019%7C0%7C0%7C638378545591867554%7CUnkn
own%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0
%3D%7C3000%7C%7C%7C&sdata=2yMVLJfBgJJIhq0xmaei58yed9TKq%2FSQi1yl6wBQZlk%3D&re
served=0
1. Is there such a power?
2. If not, is there an alternative power (but cal ed something else)?
3. Can such a power be used to halt work by local government?
4. Can such a power be used to halt work required by legislation?
5. If the answer to any of these questions is yes, in what circumstances can it be used or what
legal test must be met?
6. How many "stop work" orders, notices or however else described have been issued, by
whom, and on what date?”
Our Response
The
Cabinet Manual is publicly available on the Department of the Prime Minister and the Cabinet
website. Ministers of the Crown have different powers to direct, require or influence agencies in their
activities depending on the nature of the organisation and the activity. Ministers of the Crown are
appointed by the Governor-General under the authority of Letters Patent. Once Ministers are
appointed, col ectively they direct the executive branch of government. The powers and functions
that Ministers exercise are set out in the Cabinet Manual (see paragraph 2.22 for a list of roles and
powers of Ministers, and paragraph 3.9 in relation to responsibility for policy matters).
Ministers responsible for certain types of Crown entities can issue directions to those entities under
the Crown Entities Act 2004, depending on the entity type. For example, under section 103 Ministers
Level 10, RBNZ Building | 2 The Terrace | PO Box 329
Wel ington 6140 | New Zealand
Phone +64 4 495 6600
can direct Crown Agents to give effect to government policy that relates to the entity’s functions and
objectives.
Ministers can also, usual y through Cabinet decisions, act to remove funding from programmes which
would impact agencies’ activities. This can include removing funding from government agencies
which may impact local government. Work that is required by legislation can only be halted once that
legislation is repealed.
With regards to your question about how many stop work notices have been issued, by whom and on
what date, this would be a question for individual Ministers to answer. You would need to direct your
question to the responsible Minister. Therefore, I am refusing this part of your request under section
18(g) that the information is not held by Te Kawa Mataaho Public Service Commission.
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
