6 June 2024
HUD2024-004518 / HUD2024-004519
Alex Olsen
[FYI request #26823 email]
[email address]
Tēnā koe Alex
Thank you for your two emails on 15 May 2024 requesting information under the Official Information
Act 1982 (the Act). I have responded to your questions below.
1. Copies of all draft reports of the Hon Bil English review received by MHUD and the date
on which each was received.
2. Copies of all briefings, advice and correspondence provided to ministers, Hon Bil English
or his review team or other agencies responding to these drafts or points raised in the drafts.
If you decide to refer to a public release of documents in reply to this request please provide
a statement saying that all documents covered by this request wil be included in the public
release and provide a list of those documents.
Ministers decided to utilise external independent reviewers with the support of the Treasury and Te
Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development (HUD) to undertake this review.
This meant that HUD staff were involved at all stages of drafting the report as secretariat support.
However, at no point did the review seek formal comment from HUD (unlike Kāinga Ora’s Board, for
example). This request is refused under section 18(e) of the Act, that the documents do not exist.
On 15 March 2024 you replied to my requests HUD2024-003849 / HUD2024-003874 stating
that most of information requested was due to be publicly released. This has not happened.
Therefore, under the Official Information Act I request:
1. The date on which each part of those requests wil be released.
2. Where exactly in the documents released each part wil be found.
The Government released the independent review into Kāinga Ora carried out by Sir Bil English and
supported by Ceinwen McNeil and Simon Al en on 20 May 2024. There is more information about
the review and the response on our website at:
www.hud.govt.nz/news/government-releases-the-
independent-review-of-kainga-ora. You can also find each document available on our website at:
www.hud.govt.nz/documents?q=&sort=&_topics%5B%5D=156&from=2024-05-19&to=2024-05-20.
3. Copies of all briefings and advice and all emails between MHUD officials and ministers’
offices or between MHUD officials and other agencies regarding the public release of
information referred to in your letter of 15 March 2024. For clarity, this request covers all
aspects of the information to be released not just those requests I made. If there is a need to
narrow the email part of this request, I am most interested in discussions after 15 April 2024
where ministers’ offices or other agencies disagreed with MHUD’s position or initial views on
withholding or releasing information.
There are a number of emails regarding the proactive release of information, which are largely
administrative in nature. To be helpful to you, we have used your narrower scope on discussions
with other agencies or the Minister’s office on withholding or releasing information in the proactive
release. There are two emails in scope which are released to you with some information withheld
under the following sections of the Act:
Section of Act Reason to withhold
9(2)(a)
To protect the privacy of natural persons.
9(2)(ba)(i)
To protect information which is subject to an obligation of confidence or which
any person has been or could be compelled to provide under the authority of any
enactment, where the making available of the information would be likely to
prejudice the supply of similar information, or information from the same source,
and it is in the public interest that such information should continue to be supplied
9(2)(g)(i)
To maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or employees
of the Ministry.
The above is summarised in the attached document schedule.
You have the right to seek an investigation and review of my response by the Ombudsman, in
accordance with section 28(3) of the Act. The relevant details can be found on the Ombudsman’s
website at:
www.ombudsman.parliament.nz.
As part of our ongoing commitment to openness and transparency, the Ministry proactively releases
information and documents that may be of interest to the public. As such, this response, with your
personal details removed, may be published on our website.
Nāku noa, nā
Glenn Phillips
Head of Crown Entity Monitoring
Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development
2
Annex 1 Document schedule
Documents released
Date
Document
Section of
the Act
applied
1. 7 May 2024
FW: Proactive release
9(2)(a)
2. 15 May 2024
RE: KO release redactions
9(2)(a)
9(2)(ba)(i)
9(2)(g)(i)
3
From:
Kate Goodman
To:
Ministerial Services
Subject:
FW: Proactive release
Date:
Tuesday, 7 May 2024 4:38:49 pm
Attachments:
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IN-CONFIDENCE
From: Talosaga Talosaga [TSY] <[email address]>
Sent: Tuesday, May 7, 2024 12:48 PM
To: Kate Goodman <[email address]>
Subject: FW: Proactive release
FYI
IN-CONFIDENCE
From: Talosaga Talosaga [TSY]
Sent: Tuesday, May 7, 2024 9:57 AM
To: Glenn Phillips <[email address]>
Cc: Max Christie [TSY] <[email address]>
Subject: RE: Proactive release
Thanks Glenn, we’re happy with the 4 suggested ‘un-redactions’ below. If there are other
operating results / numbers quoted in the T2023/1989 that are being released separately,
comfortable with them also being released in T2023/1989 for consistency.
Out of Scope
From: Talosaga Talosaga [TSY]
Sent: Monday, May 6, 2024 4:30 PM
To: 'Glenn Phillips' <[email address]>
Cc: Max Christie [TSY] <[email address]>
Subject: RE: Proactive release
Thanks Glenn, yup Max or I will get back to you on these ‘un-redactions’ tomorrow.
From: Glenn Phillips <[email address]>
Sent: Monday, May 6, 2024 4:21 PM
To: Talosaga Talosaga [TSY] <[email address]>
Subject: Proactive release
Hi Talo,
I have a couple of things that I wonder whether on balance we should not redact in the Tsy
report on the independent review (only because this then flows through the early briefings)
1. The summary of summary of costs associated with Public Housing from the original F&F
review (Table 3) as the numbers are actually available in the Annual report (it is easy
enough to try to derive these numbers if you know what you are doing as the asset notes
show total investment – spe shows number of gross build houses)
2. The comment on Homes and Communities Appropriation can be seen in the Estimates
document so we should disclose this.
3. The debt level incorporated into the forecasts (as it on page 132 of HYEFU) – we can
withhold any updated numbers but it already out there.
4. Annex three has a whole lot of factual statements that I think can be released – would
redact the commentary around the KO Land programme and the table in paragraph 19.
I was looking at trying to do a side by side analysis of the operating results with what had
previously been “released” through the KO sustainability briefing from June 22 – as the numbers
throughout the report are within the ballpark – but haven’t had time and think it probably
doesn’t cover the risk of budget sensitivity.
Can you come back to me tomorrow if you have any thoughts – I can then make any changes
through the other documents if need be.
Thanks
Glenn
Glenn Phillips (he/him)
Head of Crown Entity Investment and Performance Monitoring | Organisational Performance
[email address] | Phone: +64 4 831 6012 | Mobile s 9(2)(a)
www.hud.govt.nz | Level 7, 7 Waterloo Quay, Pipitea, Wellington
Disclaimer
This email is confidential and solely for the use of the intended recipient. If you have
received this email in error, then any use is strictly prohibited. Please notify us
immediately and delete all copies of this email and any attachments. Any opinions
expressed in this message are not necessarily those of the Ministry of Housing and Urban
Development.
IN-CONFIDENCE
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended only for the addressee(s), and may also be
legally privileged. If you are not an intended addressee:
a. please immediately delete this email and notify the Treasury by return email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited and may be unlawful.
Out of Scope
IN-CONFIDENCE
From: Lucy Connell [TSY] <[email address]>
Sent: Wednesday, May 15, 2024 10:18 AM
To: Glenn Phillips <[email address] nz>
Cc: Geraldine Treacher <[email address] nz>
Subject: RE: KO release redactions
Thanks Glenn, I also had a quick chat with Geraldine last night and she is keen that we are involved in
any discussions with KO post announcement. Grateful if you can let us know HUD’s proposed approach
for next week when you’ve landed it.
Ngā mihi,
Lucy Connell | Acting Manager | Housing and Urban Growth |
The Treasury
Tel: +64 4 890 7435 | [email address]
Please note, I finish at 3.30pm
IN-CONFIDENCE
From: Glenn Phillips <[email address]>
Sent: Wednesday, May 15, 2024 9:07 AM
To: Lucy Connell [TSY] <[email address]>
Subject: RE: KO release redactions
Mōrena Lucy,
I am comfortable with the proposals below.
Ngā mihi
Glenn
Glenn Phillips (he/him)
Head of Crown Entity Investment and Performance Monitoring | Organisational Performance
[email address] | Phone: +64 4 831 6012 | Mobile: s 9(2)(a)
www.hud.govt.nz | Level 7, 7 Waterloo Quay, Pipitea, Wellington
IN-CONFIDENCE
From: Lucy Connell [TSY] <[email address]>
Sent: Tuesday, May 14, 2024 3:22 PM
To: Glenn Phillips <[email address]>
Subject: FW: KO release redactions
Importance: High
SEEMAILSENSITIVE
Kia ora Glenn, thanks for the chat earlier. See below table from Emily. Grateful if you could confirm that
HUD agrees with the release of that specific information, and there’s nothing commercially sensitive
that would need to be withheld.
Ngā mihi,
Lucy Connell | Acting Manager | Housing and Urban Growth |
The Treasury
Tel: +64 4 890 7435 | [email address]
Please note, I finish at 3.30pm
IN-CONFIDENCE
From: Emily Pearse <[email address]>
Sent: Tuesday, May 14, 2024 12:19 PM
To: Lucy Connell [TSY] <[email address]>
Cc: Max Christie [TSY] <[email address]>; Talosaga Talosaga [TSY]
<[email address]>
Subject: KO release redactions
Importance: High
Hi Lucy,
Thanks for your time earlier. I’ve attempted to put together a quick summary of the points the office
would likely clarify so that we can get a final version for release on Monday (sorry about the format, I
thought this would be the easiest way but let me know if you’d like to chat).
The following are repeated a number of times through various documents. If you could confirm you are
comfortable with the Treasury position, I will get the attached amended.
provided with a copy of any comms before the announcement on Monday.
Might also be a good idea to give OSEC + Treasury Comms a heads up that our briefings will be released
as part of the info pack (along with the Cab paper + final Independent Review).
Let me know if you want to chat about any of this.
Emily
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended only for the addressee(s), and may also be legally
privileged. If you are not an intended addressee:
a. please immediately delete this email and notify the Treasury by return email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited and may be unlawful.
Disclaimer
This email is confidential and solely for the use of the intended recipient. If you have received
this email in error, then any use is strictly prohibited. Please notify us immediately and delete all
copies of this email and any attachments. Any opinions expressed in this message are not
necessarily those of the Ministry of Housing and Urban Development.
Document Outline
