12 April 2024
John Luke
Tēnā koe John Luke
Official Information Act request
Thank you for your email of 16 March 2024, requesting the information on the
appointment process for the Student Allowance Appeal Authority.
I have considered your request under the Official Information Act 1982 (the Act).
The Ministry sought advice from the Ministry of Justice, who administers the
Student Allowance Appeal Authority (the Authority), on the appropriate
appointment mechanism for finding a candidate to appoint to Chairperson.
When making appointments to Statutory tribunals (such as the Authority), the
appointment process is selected from among the following:
• an open search where the position is made known as widely as possible
through online advertising,
• a closed search where nominations are sourced through relevant agencies
and through the responsible Minister, or
• a targeted search where suggestions are sought from relevant bodies,
such as the Ministry of Justice, and the individuals suggested for
appointment are invited to apply.
The Ministry of Justice recommended a targeted appointment process due to
there being active appeals and suggested a suitable, well-qualified and
experienced candidate.
The Ministry did not seek nominations from other agencies or the public for this
appointment as it was determined that suitable candidates were unlikely to be
found as:
• candidates with the desired skills and experience were likely to be current
or former members of a tribunal and therefore known to the Ministry of
Justice, and
• the Authority had a very small caseload and given the skill mix required it
would have been difficult for a new person to gain the expertise necessary
to fill the role.
The Aurora Centre, 56 The Terrace, PO Box 1556, Wellington
– Telephone 04-916 3300 – Facsimile 04-918 0099
This process may have also taken a long time, increasing the possibility of the
candidate no longer being interested in becoming Chair.
Given the strength of the candidate’s application, they were not formally
interviewed. Once the candidate was reviewed by the Ministry they were
recommended to the Minister for appointment. The candidate was then
appointed as Chair of the Authority.
The Ministry is satisfied that the process to appoint the current Chair into this
position was robust and proper.
I will be publishing this decision letter, with your personal details deleted, on the
Ministry’s website in due course.
If you wish to discuss this response with us, please feel free to contact
[MSD request email]. If you are not satisfied with my decision on your request, you have the right to
seek an investigation and review by the Ombudsman. Information about how to
make a complaint is available a
t www.ombudsman.parliament.nz or 0800 802
602.
Ngā mihi nui
p.p.
Magnus O’Neill
General Manager
Ministerial and Executive Services
