Appendix Redacted.pdf

From:
MaES requests (WHAIKAHA)
To:
s9(2)(a) @parliament.govt.nz; Brian Coffey
Cc:
MaES requests (WHAIKAHA); Mele Tasola
Subject:
FW: Briefing REP-WHK-24-02-018 Changes to EMS and flexible funding to manage Whaikaha
expenditure_.docx
Date:
Thursday, 22 February 2024 5:20:00 pm
Attachments:
Briefing REP-WHK-24-02-018 Changes to EMS and flexible funding to manage Whaikaha expenditure .docx
Kia Ora

Please find attached the briefing paper to go with the Official’s agenda.

Ngā mihi,
Emma Williams (she/her)
Manager, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People
s9(2)(a)
@whaikaha.govt.nz
www.Whaikaha.govt.nz

[GIF image of the logo and email signature banner of the Ministry]
Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō
Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the
warmth of the sun.

From:
Brian Coffey
To:
MaES_requests (WHAIKAHA)
Cc:
Emma Williams;
@parliament.govt.nz
s9(2)
Subject:
FW: Matters arising and actions from agency meeting 28.02.24.docx
Date:
Thursday, 29 February 2024 9:29:41 am
Attachments:
Matters arising and actions from Whaikaha officials meeting with the Minisetr for Disability Issues - 28 February 2024.docx
Kia ora
Attached and copied below:
Matters arising and actions from Whaikaha Officials Meeting with Minister for Disability Issues – 28 February
2024
Agenda Item Out of scope
Matters
arising and
action
Agenda Item
Matters
arising and
action
Agenda Item
Changes to EMS and flexible funding to manage Whaikaha expenditure. Paper attached - Briefing
REP-WHK-24-02-018
Matters
Out of scope
arising and
action
Flexible Funding
Immediate action is required to manage sensitive expenditure within flexible funding allocations,
particularly in light of the need to prioritise equipment and modification services.
The flexibility implemented during COVID for sound reasons is now creating stress on the Vote.
Immediately pause “sensitive expenditure” (as listed in paragraph 21 of the paper)
A key principle to be implemented is that funding must provide direct benefit for the disabled
person, not for family/whanau.
Minister asked Whaikaha to develop advice on limiting the proportion of “individualised funding”
budgets that are deemed “flexible”.
This advice should cover different options for the proportion of flexible funding allocations that
should remain flexible, such as a percentage or actual $ value.
Actions
Whaikaha to provide in “table form” the list of actions it is progressing to reduce expenditure, the
projected dollar value of those actions where currently known, and the timing for progressing
those actions, including dates for advice to the Minister.
To be provided by mid-day 7 March

Out of scope

Brian Coffey
Private Secretary – Disability Issues Portfolio | Office of Hon Penny Simmonds

Minister for Disability Issues | Environment | Tertiary Education & Skills |
Associate Minister for Social Development & Employment
s9(2)(a) @parliament.govt.nz

Website: www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

From:
MaES_requests (WHAIKAHA)
To:
@parliament.govt.nz
Out of
Cc:
MaES requests (WHAIKAHA); Emma Williams; Brian Coffey
Subject:
REP/WKH/243/022 / URGENT - Commissioning - Adie Memoire and Talking Points - Meeting with Marsha Marshall - Due 12noon Wednesday 6 March
Date:
Wednesday, 6 March 2024 5:07:40 pm
Attachments:
REP-WKH-243-022 Meeting Manawanui AM.docx
image003.png
IN-CONFIDENCE
Kia ora Sarah,

Please accept our apologies for the delay in getting the final AM to you.

Please find attached AM and talking points for the Ministers meeting with Marsha Marshall tomorrow.

Ngā mihi nui
Mele Tasola | Senior Advisor, Ministerial and Executive Services team
Corporate Services
Whaikaha | Ministry of Disabled People
Whaikaha.govt.nz
Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the warmth of the sun.

From: Sarah s9(2)(a)
@parliament.govt.nz>
Sent: Monday, 4 March 2024 9:12 am
To: MaES_requests (WHAIKAHA) <[email address]>; Emma Williams
s9(2)(a)
@whaikaha.govt.nz>
Cc: Brian Coffey s9(2)(a)
@parliament.govt.nz>
Subject: URGENT - Commissioning - Adie Memoire and Talking Points - Meeting with Marsha Marshall - Due 4pm Wednesday 6
March
Importance: High

Kia Ora koutou

Can I please commission an Aide-Mémoire and Talking Points which provides
background information for the below meeting or event:

Name of Organisation: Manawanui – Marsha Marshall
Location of meeting/event: Ministers Office G.26, Parliament House
Names of people attending [if known]: Marsha Marshall
Topics to be discussed: Meet and Greet and likely topic flexible funding criteria
Date and Time [if known]: Thursday 7 March – exact date and time to be confirmed

I note Whaikaha previously provided meeting advice for this. As Manawanui is a host
provider the best team to write this would be the commissioning, design and delivery
team.

Can you please also confirm if an official would be available to support the Minister with
this meeting.

Apologies for the tight timeframe on this one but the Minister only just received the
invitation and made her decision ove the weekend.

Ngā mihi

Sarah

Sarah s9(2)
Private
ry – Disability Issues Portfolio | Office of Hon Penny Simmonds

( )
Minister for Disability Issues | Environment | Tertiary Education & Skills |
Associate Minister for Social Development & Employment
s9(2)(a)
@parliament.govt.nz

Website: www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

IN-CONFIDENCE

Aide-mémoire
Date:
Wednesday, 6 March 2024
For:
Hon. Penny Simmonds
Minister for Disability Issues
File reference:
REP/WKH/243/022
Security level:
Sensitive
Meeting with Manawanui Support Ltd
Details
You are meeting with Ms Marsha Marshall, Chief Executive of Manawanui Support
Limited (Manawanui) on Thursday 7 March 4pm-4.30pm in your office.
Attendees
Ms Marshall will be accompanied by Sir Bill English, in his capacity as Chair of the
Board of Manawanui.
Officials attending the meeting from Whaikaha will be:
•  Paula Tesoriero, Chief Executive.
•  Carmela Petagna, Director – Office of the Deputy Chief Executive, Commissioning,
Design and Delivery

Key contacts
Name
Role
Contact Number
Amanda
Deputy Chief Executive
s9(2)(a)

Bleckmann
Commissioning, Design and Delivery
Carmela Petagna
Director, Office of the Deputy Chief
s9(2)(a)

Executive Commissioning, Design and
Delivery

IN-CONFIDENCE
Purpose
The purpose of the meeting is an introductory opportunity to meet with you, and to
provide you with background on Manawanui to discuss current challenges and
opportunities impacting the disability support sector.
Background
Individualised Funding is a mechanism which enables disabled people, tāngata
whaikaha Māori, and their family and whānau to exercise choice and control over their
supports.
Manawanui is the largest Individualised Funding (IF) host, supporting over 8000 of the
approximate 14,000 IF recipients across New Zealand. Manawanui also supports some
disabled people and families in the Enabling Good Lives sites to manage their personal
budgets.
Whaikaha generally has a good relationship with Manawanui. They are supportive of,
and actively contribute to a range of IF issues across New Zealand.
Ms Marshall will be meeting with several senior Whaikaha officials on Thursday 7
March s9(2)(b)(ii)

We anticipate having a
constructive meeting with Manawanui.
Comment
Payments System
Manawanui may raise concerns regarding the challenges that IF Hosts have in
maintaining cash flow under current payment mechanisms being used by Whaikaha.
Regular payments are required to be made to support workers, with Whaikaha
operating a reimbursement process.  This means there can be a delay between when
Manawanui incurs costs for the support workers, and Whaikaha making payment to
Manawanui (and other IF host providers).
s9(2)(b)(ii)

s9(2)(b)(ii)
Whaikaha is currently looking at options to address this issue for all
IF Hosts.
Paid Family Carers
Manawanui may raise a concern that a conflict of interest arises when some disabled
people and their family use IF. That is because a family member manages IF as an
agent of the disabled person, while also being paid to provide care to their disabled
family member. This issue has arisen in the current litigation relating to family carers.
Whaikaha is working with urgency to create other options for people in this situation,
while ensuring the disabled person’s will and preference is upheld to the greatest
degree possible.

REP/WKH/243/022
Meeting with Manawanui Support Ltd
2

IN-CONFIDENCE
Purchasing guidelines
During COVID, IF was made more flexible, to allow for the purchases of goods,
services or items that reduce the need for ongoing support. Manawanui have become
concerned that, in the absence of suitable controls, IF is not always being used
appropriately. Whaikaha shares this concern and is working urgently to provide
clearer guidance on what can and cannot be purchased using IF.
Using Data to inform Decision Making and Social Impact
Manawanui has a range of data related to the people and families they serve and
would like to link this with evidence to demonstrate improved outcomes. They see this
as a means to enable Whaikaha to have increased visibility over allocation and
spending as a result of having ready access to spending trends, and ultimately better
outcomes related to allocation.
Whaikaha is interested in exploring these possibilities with Manawanui. It would,
however, need to be confident that any linking of data is done in ways that are
consistent with the Health Information Privacy Code, and Manawanui’s contractual
obligations.
End
Authors: Hannah Perry, Principal Advisor – Enabling Good Lives, Commissioning,
Design and Delivery
John Wilkinson, Principal Advisor, Policy, Policy Strategy and Partnerships.
Responsible manager: Rachael Burt, Group Manager – Enabling Good Lives,
Commissioning, Design and Delivery.

REP/WKH/243/022
Meeting with Manawanui Support Ltd
3

From:
Brian Coffey
To:
Amanda Bleckmann
Cc:
Emma Williams;s9(2)(a) @parliament.govt.nz
Subject:
FW: Memorandum to Minister IF and EMS implementation
Date:
Friday, 15 March 2024 1:10:50 pm
Attachments:
image001.jpg
Memorandum to Minister IF and EMS implementation FINAL 14.3.24 (003).docx
Importance:
High
Kia ora team
Thanks for this, really appreciate the care taken in developing this. One
quick question, in paragraph 3.5 it says:
s9(2)(g)(i)
Just to note I prepared some very drafty “key messages” for the Minister
which I have sent over for feedback so we can get these to the Minister.s
Thanks
Brian
Ngā manaakitanga
Brian Coffey (MNZM) (pronoun he/him)
Chief Advisor to the Chief Executive
Whaikaha – Ministry of Disabled People
s9(2)(a)
@whaikaha.govt.nz| Whaikaha.govt.nz
I work flexible hours, if this email arrives in your inbox outside of your working hours, I do not
expect you to read, take action or respond until you are next at work and able to respond.
Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the warmth of the sun.
From: MaES_requests (WHAIKAHA) <[email address]>
Sent: Friday, March 15, 2024 12:57 PM
To: Disability Issues Portfolio <[email address]>; Brian Coffey
s9(2)(a)
@parliament.govt.nz>
Cc: MaES_requests (WHAIKAHA) <[email address]>; Emma Williams
s9(2)(a)
@whaikaha.govt.nz>
Subject: Memorandum to Minister IF and EMS implementation
Importance: High
Kia ora
Please find attached Memorandum to Minister IF and EMS implementation.
Please let know if any issues.
Ngā mihi,
Emma Williams (she/her)
Manager, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People

s9(2)(a)
@whaikaha.govt.nz
www.Whaikaha.govt.nz
[GIF image of the logo and email signature banner of the Ministry]
Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō
Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the
warmth of the sun.
This email is confidential and may contain information that is subject to legal privilege. If it is not
intended for you please do not read, distribute or copy it or any attachments. Please notify the
sender by return email and delete the original message and any attachments. Any views
expressed in this email may be those of the individual sender and may not necessarily reflect the
views of the Ministry.

From:
Brian Coffey
To:
@parliament.govt.nz
s9(2)
Cc:
s
@parliament.govt.nz; MaES_requests (WHAIKAHA); Emma Williams
s9(2)
Subject:
Draft key messages for the Minister on changes to the EMS and flexible funding
Date:
Sunday, 17 March 2024 11:34:45 am
IN-CONFIDENCE
IN-CONFIDENCE
His9(2)(a)
Please see below some draft key messages for the Minister to assist in responding to changes
that happen tomorrow to manage the forecast budget overrun in some of the supports funded
through service providers.

Overall message

I understand that there is urgent work being undertaken and communicated to prioritise spending because some of the
support budgets, such as the equipment and modification budget, are forecast to be overspent this year. These changes are
happening from 18 March and are intended to be temporary changes until later this year and Whaikaha will be working with
the community on sustainable funding options for the future.

Supporting messages
Whaikaha is working with providers to manage a forecast overspend on some of the supports for disabled people
This is not a response to the need to find savings
It is a response to a forecast of overspending on a budget that had a 10 percent increase for 2023/2024
This is a difficult situation that is being managed carefully
Support for disabled people will continue to be maintained, however to manage the current situation Whaikaha will be
working with providers on how support can be prioritised to those with the greatest need
It will also require in the short term changes to those budgets that have been able to be used flexibly by disabled people
and their families
Whaikaha is communicating the detail of the changes required with service providers and the wider disability community
Whaikaha is a relatively new Ministry and the current situation is an early indicator for Whaikaha of disability funding issues
that have been creating budget pressures for some time.
While responding to the current budget issue Whaikaha will continue its work with disabled people, their families and
others in the disability community, to develop a disability support system that is sustainable and progresses the vision and
principles of Enabling Good Lives
Key Information

Changes to the Purchase Rules for flexible funding and introduction of prioritisation of Equipment and Modification Services

Context
Whaikaha commissions disability support services for almost 50,000 people and funds equipment and home and vehicle
modifications for approximately 100,000 people.
Demand for disability support services, and the cost of delivering those services, is increasing year on year
The budget for disability support services was increased for the 2023/24 year, including by 10 percent to manage increases
in demand for supports and the increased costs of equipment.
With the 10% increase $128.785 million is available within the Equipment and Modification service (EMS) budget for
2023/2024.

The role of Whaikaha
The Ministry is committed to improving the way disability support services are provided, to improve outcomes for disabled
people, tāngata whaikaha Māori and whānau and to advance societal change that will lead to a non-disabling Aotearoa New
Zealand
Whaikaha commissions and contracts service providers to allocate funding and supports for disabled people

Changes to how people can use Flexible Funding
Whaikaha is making changes to its Purchasing Rules to clarify how people can use their disability support funding
The changes do not reduce the amount of funding that individuals may be allocated, but clarifies what can be purchased
These changes will take effect on Monday 18 March and will be in place while Whaikaha works through how this funding
may be used in future.

Equipment and Modification Services (EMS):
EMS includes equipment such as wheel-chairs, customised standing frames, customised seating systems, adjustable beds,
communication devices, and housing and motor vehicle modifications for disabled people
These services are a valued support and assist disabled people to live as independently and safely as possible.  
Whaikaha is introducing prioritisation to the way they fund equipment and modification EMS. This will ensure that people
who have the highest priority for EMS receive it first.

Brian Coffey
Private Secretary – Disability Issues Portfolio | Office of Hon Penny Simmonds

Minister for Disability Issues | Environment | Tertiary Education & Skills |
Associate Minister for Social Development & Employment
s9(2)(a)
@parliament.govt.nz

Website: www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

From:
Sarah s9(2)(a)
To:
MaES requests (WHAIKAHA); Emma Williams
Cc:
Disability Issues Portfolio;s9(2)(a)
@parliament.govt.nz
Subject:
Commissioning: WQ - 27 question(s) released to Minister - Due 12pm Monday 25 March
Date:
Tuesday, 19 March 2024 11:23:59 am
Kia ora koutou,
We just received 27 new WPQs. All have been asked by Labour Priyanca Radhakrishnan.
I haven’t looked at them in great detail so please let me know if you think there are any
whaikaha can’t draft a response for.
Due please Monday 12pm Monday 25 March.
From: Written Questions <[email address]>
Sent: Tuesday, March 19, 2024 11:14 AM
To: Sarah s9(2)(a)
@parliament.govt.nz>
Subject: WQ - 27 question(s) released to Minister
Reply 3136 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What medium to long term plans will the Minister adopt to ensure the financial
stability of the disability support system?
3136 (2024)
Reply 3137 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What conversations, if any, has the Minister had with the Finance Minister about
increasing Whaikaha's budget to deal with the increasing pressure across the disability support
system?
3137 (2024)
Reply 3138 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: In light of a recent comment by Whaikaha on their Facebook page, what other
"difficult decisions' are they making "in response to the increasing pressure across the disability
support system"?
3138 (2024)
Reply 3139 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: Does the change to Purchasing Rules and Equipment and Modification Services
implemented and announced by Whaikaha on 18 March 2024 mean that the funding can only
be used for full time carers; if so, will more carers be recruited and how will this recruitment be
funded?

3139 (2024)
Reply 3140 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: How many carers are there across New Zealand and how many carers receive carer
support through Whaikaha?
3140 (2024)
Reply 3141 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What does the changes to Purchasing Rules and Equipment and Modification
Services implemented and announced by Whaikaha on 18th March 2024 mean for families who
receive carer support through Te Whatu Ora?
3141 (2024)
Reply 3142 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What assurance can the Minister provide the disability sector that narrowing the
funding criteria for the Purchasing Rules and Equipment and Modification Services will support
improved living and wellbeing standards for people that rely on that funding?
3142 (2024)
Reply 3143 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What is the process that will be followed to determine what expense is deemed a
necessary part of supporting the disabled person while the full-time carer is taking a break?
3143 (2024)
Reply 3144 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What advice, if any, has the Minister received about the changes made to the
Purchasing Rules and Equipment and Modification Services announced on 18 March 2024, prior
to agreeing to these changes?
3144 (2024)
Reply 3145 (2024) has been released

Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: Do the changes to Purchasing Rules and Equipment and Modification Services
announced on 18 March align with the Enabling Good Lives Approach; if so, how?
3145 (2024)
Reply 3146 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: How will the changes to Purchasing Rules and the Equipment and Modification
Services announced and implemented on 18 March reflect needs assessments that have
already taken place prior to the change?
3146 (2024)
Reply 3147 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: Will the changes to the Purchasing Rules and Equipment and Modification Services
announced on 18 March result in a change to the criteria for needs assessment?
3147 (2024)
Reply 3151 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet Committee during the
week beginning Monday 4 March 2024, by Cabinet Committee, title and date?
3151 (2024)
Reply 3149 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What consultation, if any, took place prior to the changes in the Purchasing Rule and
Equipment and Modification being implemented on 18th March 2024, by organisation name or
individual name and date?
3149 (2024)
Reply 3148 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet Committee during the
week beginning Monday 19 February 2024, by Cabinet Committee, title and date?
3148 (2024)

Reply 3153 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet Committee during the
week beginning Monday 26 February 2024, by Cabinet Committee, title and date?
3153 (2024)
Reply 3150 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet Committee during the
week beginning Monday 11 March 2024, by Cabinet Committee, title and date?
3150 (2024)
Reply 3152 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet Committee during the
week beginning Monday 12 February 2024, by Cabinet Committee, title and date?
3152 (2024)
Reply 3154 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet Committee during the
week beginning Monday 5 February 2024, by Cabinet Committee, title and date?
3154 (2024)
Reply 3155 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet Committee during the
week beginning Monday 29 January 2024, by Cabinet Committee, title and date?
3155 (2024)
Reply 3156 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet during the week
beginning 12 March 2024, by title and date?
3156 (2024)

Reply 3159 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet during the week
beginning 19 February 2024, by title and date?
3159 (2024)
Reply 3157 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet during the week
beginning 4 March 2024, by title and date?
3157 (2024)
Reply 3158 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet during the week
beginning 26 February 2024, by title and date?
3158 (2024)
Reply 3160 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet during the week
beginning 12 February 2024, by title and date?
3160 (2024)
Reply 3161 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet during the week
beginning 29 January 2024, by title and date?
3161 (2024)
Reply 3162 (2024) has been released
Portfolio: Disability Issues (Hon Simmonds)
Due: 27 Mar 2024
Question: What Cabinet papers, if any, did the Minister take to Cabinet during the week
beginning 5 February 2024, by title and date?

3162 (2024)

From:
s9(2)(a)
To:
Emma Williams
Subject:
FW: AM Meeting with the Disability Rights Commissioner 21 March 2024 [URGENT]
Date:
Wednesday, 20 March 2024 2:06:30 pm
Attachments:
AM Meeting with the Disability Rights Commissioner 21 March 2024.docx
Sorry - forgot to include you...
-----Original Message-----
From: Mark s9(2)(a)
Sent: Wednesday, March 20, 2024 2:05 PM
To: MaES_requests (WHAIKAHA) <[email address]>
Cc: Sarah s9(2)(a)
@parliament.govt.nz>
Subject: AM Meeting with the Disability Rights Commissioner 21 March 2024 [URGENT]
Hi - please see Jasmine's comment on p6.  Can you please provide key points on the Purchasing guidelines
changes and include them adjacent to the EMS points on p2.  Deadline 3pm today
Your message is ready to be sent with the following file or link attachments:
AM Meeting with the Disability Rights Commissioner 21 March 2024.docx
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of
file attachments.  Check your e-mail security settings to determine how attachments are handled.
________________________________

IN-CONFIDENCE

Aide-mémoire
Date:
20 March 2024
For:
Hon Penny Simmonds, Minister for Disability Issues
File reference:
REP/WHK/24/3/029
Security level:
In confidence
Meeting with the Disability Rights
Commissioner
Details
11:00 am – 11:30am, Thursday 21 March 2024, Parliament G.026
Attendees
Human Rights Commission (Te Kāhui Tika Tangata)
•  Prudence Walker, Disability Rights Commissioner (Te Kaihautū Tika Hauātanga)
•  Fs9(2)(a) As9(2)(a) , Senior Advisor Disability Rights
Key contact
Js9Ds9(2)(a) , Executive Assistant to the Disability Rights Commissioner
•  Phone: s9(2)(a)

•  Email: s9(2)(a)

Purpose
This is your first meeting with the Disability Rights Commissioner. This meeting is
an opportunity to discuss the Commissioner’s priorities and your priorities as
Minister for Disability Issues. Talking points are attached as Appendix one.
Background
The Disability Rights Commissioner is a position within the Human Rights Commission,
which works to promote and protect the rights of disabled and tāngata whaikaha
Māori New Zealanders.
Prudence Walker
Commissioner Walker was appointed to her role as Disability Rights Commissioner in
2022 having previously been Chief Executive Officer of the Disabled Persons Assembly

IN-CONFIDENCE
(DPA) New Zealand, a not-for-profit pan-impairment Disabled People’s Organisation
run by and for disabled people.
Independent Monitoring Mechanism
The Human Rights Commission, the Disabled People’s Organisations (DPO) Coalition
and the Office of the Ombudsman comprise the Independent Monitoring Mechanism
(IMM). The IMM was Gazetted in 2011 to protect, promote, and monitor New
Zealand’s implementation of the United Nations Convention on the Rights of Persons
with Disabilities (UNCRPD) and reports on progress made to realise the UNCRPD to
the New Zealand public and the United Nations Committee on the Rights of Persons
with Disabilities.
Key issues and advice
Commissioner Walker has raised several issues for discussion, many of which cross-
over multiple Ministerial portfolios.
As your meeting is for half an hour, Commissioner has highlighted the following topics
as priorities for discussion:
•  your Ministerial priorities
•  implementing the 2022 Concluding Observations
•  material hardship experienced by disabled people
•  violence and abuse of disabled people.
Talking points on your priorities are outlined in Appendix one.
Other priority areas the Commissioner identified in a letter to you dated 11 December
2023 are included as Appendix two.
The Commissioner may also raise the announcements this week on the Purchasing
Rules and Equipment and Modification Services (EMS). Bullet points on this topic
follow.
EMS - PRIORITISATION
•  From Monday, 18 March Whaikaha is introducing a prioritisation approach to
the way equipment and modification EMS services are funded. This is to ensure
that people who have the highest priority for EMS receive it first.
•  Equipment and Modification (EMS) services are a valued support and assist
disabled people and tāngata whaikaha Māori to live as independently and safely
as possible.
•  EMS services currently support more than 100,000 people a year.
•  To ensure we continue to meet the needs of as many people as possible, EMS
assessors must ensure that the most cost-effective solutions are considered
and recommended.
•  EMS Assessors and Providers are working together to ensure all requests for
funding meet the eligibility criteria.
•  Whaikaha is working with Equipment and Modification Service (EMS) assessors
and allied health teams to put in place prioritisation measures.
REP/WHK/24/3/029
Meeting with the Disability Rights Commissioner
2

IN-CONFIDENCE

Implementing the 2022 Concluding Observations
As part of the IMM, the Disability Rights Commissioner has a key interest in the
Government’s response to the Concluding Observations (recommendations) made by
the United Nations Committee on the Rights of Persons with Disabilities on how New
Zealand could further its implementation of the UNCRPD.
The previous Government agreed a high-level response to progress 51 of the 60
Concluding Observations, and that a Cabinet Paper would be provided by 1 December
2023 to provide an update on implementation progress. This report-back was
subsequently moved by the Cabinet Office to 30 April 2024, given Government 100-
day priorities. This date may change pending advice to you in the coming weeks.
You've noted in your portfolio priorities letter to the Prime Minister you intend on
developing the next New Zealand Disability Strategy by 2026, and that there is scope
for the next Strategy to be focused on a smaller set of priorities with a more targeted
set of actions to achieve concrete, tangible gains.  You also indicated that in parallel to
the development of the next Disability Strategy, you will progress a small number of
actions focused on tangible gains for disabled people.
The next Disability Action Plan (DAP) is due for renewal and may therefore provide
a vehicle to further develop some of the concluding observations in the short-term.
Whaikaha is developing advice on the concluding observations agreed to by the
previous government could be included in a work programme in the short-term via
a new DAP, and which may need to be considered as part of the development of the
next Disability Strategy.
Commissioner Walker may indicate disappointment that the original report-back
approach may be modified.
Material hardship experienced by disabled people
Most (74 percent1) disabled people would like to work if a job is available to them.
Disabled people experience additional barriers2 to employment, and significantly
poorer employment and income outcomes than non-disabled people. A breakdown of
key employment and income statistics is attached as Appendix three.
In November 2023, MSD and Whaikaha Chief Executives met with DPA to discuss how
they could work together to support better employment outcomes for disabled people.
The following actions were agreed at the meeting.

1 Working Matters – Disability Employment Action Plan (2020)
2 Additional costs for disabled people to travel to work, employer bias, workplace
inaccessibility, impacts of work on ongoing government supports received, and disabled people
may be hesitant to declare an impairment or accessibility needs during the recruitment
process.
REP/WHK/24/3/029
Meeting with the Disability Rights Commissioner
3

IN-CONFIDENCE
MSD is planning cross-agency work with the DPA, MSD, Whaikaha, the Ministry for
Business, Innovation and Employment, the Ministry of Education, and organisations
that support disabled people in employment.  This work will review active labour
market policies (subject to that work programme being confirmed by the incoming
Government).
Whaikaha will bring the DPA into the work Whaikaha is undertaking with the Public
Service Commission on the Foundational four-point plan3.
Differences in support available through government systems
An ongoing issue raised by the disability community is the difference in support
available for people accessing the welfare, disability support, and ACC systems. It is of
concern to the disability community that assessments for support differ across
agencies and that access to some supports may disqualify people from services
provided by other agencies. It is argued that this creates confusion in navigating
support services, results in some people not receiving supports they are entitled to
and may put people in financial hardship.
Public health, disability and welfare systems provide needs-based services to ensure
an equitable base standard of care paid for out of general taxation.
While MSD assistance is income-tested (and is impacted by partner income), some
Whaikaha-funded assistance is not income-tested.
In contrast, the ACC Scheme works to provide fair and sustainable compensation for
loss of earnings caused by a result of accident. The social contract foundation
compensates a person for the loss they have experienced in return for relinquishing
the right to sue. Entitlements are paid for mainly by specific levies on employers,
earners, and motorists.
Minimum Wage Exemption
The Minimum Wage Act 1983 enables disabled people to receive a rate of pay that is
lower than the minimum wage rate. The UN Committee on the Rights of Persons with
Disabilities has recommended the government repeal section 8 of the Minimum Wage
Act 1983 and ensure persons with disabilities are paid on the principle of equal pay for
work of equal value.
Violence and abuse experienced by disabled people
There has been limited research published on violence and abuse experienced by
disabled people in New Zealand. Available research shows:

3 This plan works to embed opportunities for tāngata whaikaha Māori and disabled people in
the Public Service by:
•  Improving the visibility of and information about disabled people in the public service.
•  Increasing the number of disabled people in the public service
•  Improving accessibility for disabled people in the public service
•  Identifying inequities.
REP/WHK/24/3/029
Meeting with the Disability Rights Commissioner
4

IN-CONFIDENCE
•  Disabled people are three times more likely than their non-disabled peers to
experience violence or abuse committed by a family member.
•  40% of disabled women have experienced violence or abuse in their lifetimes.
•  Disabled adults were significantly more likely than non-disabled adults to have
been subject to sexual assault in their lifetime (30% compared with 24%)4.
This means that disabled adults were about 25% more likely to have
experienced sexual assault than other adults.
National Strategy to Eliminate Family Violence and Sexual Violence (Te Aorerekura)
Whaikaha has taken the lead role for Action 28: Implement safeguarding responses
for disabled and vulnerable adults. This action recognises the prevalence of violence
against disabled people is not a disability issue but often a family violence issue.
In Budget 2023, $6.11 million was made available over 4 years to increase access to
specialist supports through the Waitematā Safeguarding response and expand the
initiative to other localities, while also supporting improved access to mainstream
family violence and sexual violence services. Whaikaha plans to expand the
Waitematā approach to a second dedicated area in 2024/25.
Also in Budget 2023, MSD received $3.42 million to establish a time limited,
contestable fund to support MSD-funded family violence and sexual violence
providers to better meet the accessibility needs of disabled people and tāngata
whaikaha Māori.
Next steps
Your office may wish to consider scheduling regular meetings with the Disability
Rights Commissioner. Previous Ministers have met with the Commissioner 3-4 times
per year.
End
Author: Alan Ryan, Senior Advisor, Partnerships and Stewardship Group
Responsible manager: Sheryl Pinckney, Group Manager, Partnerships and Stewardship

4 New Zealand Crime and Victims Survey 2022
REP/WHK/24/3/029
Meeting with the Disability Rights Commissioner
5

From:
Sarah s9(2
To:
Emma Williams
Subject:
FW: DRAFT PR - Re: Whaikaha - the Ministry of Disabled People
Date:
Wednesday, 20 March 2024 9:56:20 am
Attachments:
Outlook-5s5hvzk0.png

From: s9(2)(a)
@parliament.govt.nz>
Sent: Wednesday, March 20, 2024 9:55 AM
To: Sarah s9(2)(a)
@parliament.govt.nz>
Subject: Fwd: DRAFT PR - Re: Whaikaha - the Ministry of Disabled People

s9(2)(a)

Ministerial Advisor | Office of Hon Penny Simmonds
Minister for Minister for Disability Issues | Environment | Tertiary Education & Skills
Associate Minister for Social Development & Employment
s9(2)(a)

Email: s9(2)(a) @parliament.govt.nz Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
Authorised by Hon Penny Simmonds, Parliament Buildings, Wellington

From: s9(2)(a)
[email address]>
Sent: Wednesday, March 20, 2024 9:45:31 AM
To: s9(2)(a)
@parliament.govt.nz>; s9(2)(a)
<s9(2)(a)
@parliament.govt.nz>; s9(2)(a)
@parliament.govt.nz>
Cc: s9(2)(a)
@parliament.govt.nz>; Penny Simmonds
<[email address]>
Subject: DRAFT PR - Re: Whaikaha - the Ministry of Disabled People



DRAFT Hon Penny Simmonds
Minister for Disability Issues

20th March 2024

DRAFT

“Whaikaha - the Ministry of Disabled People has taken urgent steps to manage a
forecast budget overrun in the disability support appropriation says Minister for
Disability Issues Penny Simmonds.

“This is not a reduction to the budget – the same budget is available now as was
agreed in July 2023. The equipment and modification budget has been
increased by 10% this financial year to take the budget to $128.78 million.

“Simmonds says the changes that are being undertaken as of Monday are to
manage forecast over-runs in the flexible support budget and the equipment and
modification budget.

“The flexible support budget is used by families to purchase disability supports.
The change to this budget is to ensure the supports being funded are providing
direct support for the disabled person.

“The change to the equipment and modification budget is to ensure equipment
and property/motor vehicle modifications are prioritised to those with the
greatest need said Simmonds.

“Flexibility remains as an important principle within the use of disability budgets,
but it needs to be fair, and to managed consistently across the system.

“The changes to the purchasing guidelines reflect the need for greater
consistency while balancing the personal circumstances and needs of disabled
people.

“Parents will still be able use the support budget to pay for within region travel +
MORE TO COME FROM WHAIKAHA SOON

“I acknowledge that consultation was lacking, while the Ministry was able to brief
some key community leaders before implementing the changes it has not been
possible to consult as widely or in the way the Ministry usually would.

“While responding to the current budget issue Whaikaha will continue its work
with disabled people, their families, and others in the disability community, to
develop a disability support system that is sustainable and progresses the vision
and principles of Enabling Good Lives.
ENDS

Key Information for PMO

Changes to the Purchase Rules for flexible funding and introduction of
prioritisation of Equipment and Modification Services

Context
·   Whaikaha commissions disability support services for almost 50,000
people and funds equipment and home and vehicle modifications for
approximately 100,000 people.
·   Demand for disability support services, and the cost of delivering those
services, is increasing year on year
·   The budget for disability support services was increased for the
2023/24 year, including by 10 percent to manage increases in demand for
supports and the increased costs of equipment.
·   With the 10% increase $128.785 million is available within the
Equipment and Modification service (EMS) budget for 2023/2024.

The role of Whaikaha
·   The Ministry is committed to improving the way disability support
services are provided, to improve outcomes for disabled people, tāngata
whaikaha Māori and whānau and to advance societal change that will
lead to a non-disabling Aotearoa New Zealand
·   Whaikaha commissions and contracts service providers to allocate
funding and supports for disabled people

Changes to how people can use Flexible Funding
·   Whaikaha is making changes to its Purchasing Rules to clarify how
people can use their disability support funding
·   The changes do not reduce the amount of funding that individuals may
be allocated, but clarifies what can be purchased
·   These changes will take effect on Monday 18 March and will be in
place while Whaikaha works through how this funding may be used in
future.

Equipment and Modification Services (EMS):
·   EMS includes equipment such as wheel-chairs, customised standing
frames, customised seating systems, adjustable beds, communication
devices, and housing and motor vehicle modifications for disabled people
·   These services are a valued support and assist disabled people to live
as independently and safely as possible.  
·   Whaikaha is introducing prioritisation to the way they fund equipment
and modification EMS.  This will ensure that people who have the highest
priority for EMS receive it first.

Notes on fiscals:
Whaikaha Ministry of Disabled People is forecasting a budget overspend of
between $50 million and $65 million (2% to 3%) in 2023/24.   Whaikaha is
undertaking a range of measures to address the potential for overspend.
Disability supports are funded by a fixed annual appropriation; however, the
allocation of the supports is devolved and demand-driven.
The disability supports administered by Whaikaha Ministry of Disabled People,
face immediate cost pressures driven by some factors specific to disability.
These include:

1. Growth in the number of people supported (of just over 3,000 disabled
people each year).
2. Increases in the cost of residential care (which is approximately half of
the disability services budget)
3. Changes in the role of families in providing care.

4. Greater uptake of supports where there have been increases to the
flexibility of funding.

There are also pressures caused by wider environmental factors, outside of the
control of Whaikaha Ministry of Disabled People, that impact on disability
supports:

5. The aging population in New Zealand.

6. Changes to the costs of labour.

7. The impact of general inflation and wider economic conditions including
supply chain disruption and exchange rate changes.

The Ministry has stood up a programme of work focussed on achieving fiscal
sustainability, which is taking steps to address the immediate overspend risk and
to implement longer-term financial practices. The prioritisation of equipment and
modification services and Purchasing Rules are two changes in the broad
programme, and are not intended, on their own, to remedy the overspend.

Q&A
CURRENTLY BEING PREPPED

From:
Emma Williams
To:
Brian Coffey;s9(2)(a) @parliament.govt.nz; s9(2)(a)
@parliament.govt.nz; Brian Coffey; Nathan
Schofield
Cc:
ELT Whaikaha (WHAIKAHA); MaES requests (WHAIKAHA); Alexander van Wel; Lucy Hall
Subject:
MoF talking points: Urgent commissioning - One pagers for cabinet
Date:
Monday, 25 March 2024 10:45:38 am
Attachments:
20240325 Talking points for Minister of Finance regarding Whaikaha.docx
Importance:
High
IN-CONFIDENCE
Kia ora

Please find attached the back pocket talking points for MoF.

Nathan Schofield is sending to Tsy to get to MoF.

Ngā mihi,
Emma Williams (she/her)
Manager, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People
s9(2)(a)
@whaikaha.govt.nz
www.Whaikaha.govt.nz

[GIF image of the logo and email signature banner of the Ministry]
Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō
Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the
warmth of the sun.

From: Brian Coffey s9(2)(a)
@whaikaha.govt.nz>
Sent: Sunday, 24 March 2024 1:22 pm
To: ELT_Whaikaha (WHAIKAHA) <[email address]>
Cc: MaES_requests (WHAIKAHA) <[email address]>; Emma Williams
s9(2)(a)
@whaikaha.govt.nz>;s9(2)(a)
parliament.govt.nz;
s9(2)(a)
@parliament.govt.nz
Subject: Urgent commissioning - One pagers for cabinet
Importance: High

IN-CONFIDENCE

Kia ora

IN-CONFIDENCE

Talking points for Minister of Finance
regarding Whaikaha
•  Whaikaha - Ministry of Disabled People is at high risk of breaching its 23/24
appropriation due to a forecast overspend against its budget for this year.
•  The overspend is driven by demand and cost growth that exceeds that
forecast at Budget 2023 and is evident across many of the services and
supports funded by Whaikaha. Since 2008, the population receiving Disability
Support Services has increased from about 32,000 to almost 50,000. Growth
has accelerated, with the net increase in people supported per annum at
about 2500-3500 additional people each year since Whaikaha was
established.
•  In the face of the forecast overspend, Whaikaha requires within-year funding
to ensure it can continue to provide critical disability supports.
•  Cabinet has agreed to provide within-year funding to meet the forecast
deficit.

Flexible Funding Purchasing Rules
•  Recently, Whaikaha made changes to the use of its Flexible Funding
Purchasing Rules as the scope of what could be funded and purchased had
grown beyond the original scope of the fund, and the level of growth was
financially unsustainable.
•  The demand for disability support services has been significant, and we
expect this to continue to increase. Changes will still be required, even with
this funding decision.
•  The flexible funding changes ensure prioritisation of spend towards those
things that directly benefit disabled people, and to maintain confidence that
disability support funding is being used for the purpose it was allocated for.
•  Changes to the Flexible Funding Purchasing Rules will need to remain in place
until further work can be undertaken on the long-term settings for these
supports.
•  Given the pressure on disability support services funding, some changes to
the flexible purchasing rules may be required on a permanent basis to ensure
integrity and affordability of the supports, and greater equity across the
system.

IN-CONFIDENCE

•  Family carers play an incredibly valuable role, in the lives of disabled people
and some of the changes to the level of flexibility has particularly affected
them.
•  Whaikaha has committed to engaging in a more meaningful way with the
disability community on the systems level changes required to create a
fiscally sustainable approach for the longer term, that is fair and easy to
understand and enables disabled people the opportunity to have choice and
control over the disability supports they access.

From:
MaES requests (WHAIKAHA)
To:
Brian Coffey; Brian Coffey; s9(2)(a)
@parliament.govt s9(2)(a)
@parliament.govt.nz
Cc:
MaES requests (WHAIKAHA)
Subject:
FW: Urgent commissioning - number one (another to follow for Hayley, already discussed)
Date:
Thursday, 28 March 2024 11:30:46 am
Attachments:
image003.png
MaES Memorandum Template.docx
IN-CONFIDENCE
Kia Ora

Please find attached information requested this morning.

Ngā mihi,
Emma Williams (she/her)
Manager, Ministerial and Executive Services
People
s9(2)(a)
@whaikaha.govt.nz
www.Whaikaha.govt.nz

[GIF image of the logo and email signature banner of the Ministry]
Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō
Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the
warmth of the sun.

From: Brian Coffey s9(2)(a)
@whaikaha.govt.nz>
Sent: Thursday, 28 March 2024 10:19 am
To: Amanda Bleckmann s9(2)(a)
@whaikaha.govt.nz>
Cc: MaES_requests (WHAIKAHA) <[email address]>; Emma Williams
<s9(2)(a)
@whaikaha.govt.nz>; s9(2)(a)
@parliament.govt.nz;
s9(2)(a)
@parliament.govt.nz; ELT_Whaikaha (WHAIKAHA)
<[email address]>
Subject: Urgent commissioning - number one (another to follow for Hayley, already discussed)

IN-CONFIDENCE

Kia ora team

Very sorry to be doing urgent commissioning the Thursday before Easter,
but here we go:

1.   Please provide a statement that describes the evidence for flexible
funding being used for the range of purchases listed in column three below.
   For context: Public statements have been made like
“Whaikaha has informed that they have received information from
providers that disability funding has been spent on massages, pedicures,
overseas travel ….”

Some suggested wording to assist in the statement:  “The evidence
behind the need for limiting the use of flexible funding on  “Overseas
travel, accommodation, and other more sensitive expenditure such as
self-care services such as massages, hairdressers, pedicures accessed
as part of Carer Support or IF respite is:

Timing … by 11.00 a.m. 28/03/24. Amanda has been alerted to this.

Limit flexibility
Some types of
As advised,
By mid-April 2024
within
purchases, particularly
Whaikaha is
Communications
Individualised
sensitive expenditure
implementing
with the sector
Funding and
items, that can be
pauses on the
about these
personal budgets made using flexible
following uses of
changes will occur
by limiting
supports will be limited
flexible funding:
earlier than this
purchasing
while we address some
1.    • Overseas
date
options in
design issues in the use travel,
particular
of flexible funding.
accommodation,
categories to
(REP/WHK/24/2/018
and other more
prohibit certain
refers)
sensitive
purchases.
expenditure
2.    • Self-care
services such as
massages,
hairdressers,
pedicures accessed
as part of Carer
Support or IF
respite.
3.    • Beneficial
activities or items
that do not
obviously address
how family care
responsibilities limit
opportunities to
otherwise
participate in that
activity.
4.    • The
purchase of items
such as consumer
electronics, sporting
or recreation goods,
which families
might otherwise
provide for.

1.

Ngā mihi

Brian Coffey (he/him)
Chief Advisor to the Chief Executive
Whaikaha | Ministry of Disabled People
Whaikaha.govt.nz

IN-CONFIDENCE

Memorandum
Date:
28 March 2024
For:
Hon Penny Simmonds, Minister for Disability Issues
Security level:
In confidence
Evidence for Expenditure Limitations
Purpose
You have requested information on the sources of evidence that Whaikaha had
available to support the need to limit the uses of flexible funding.
Executive summary
Whaikaha limited the following uses of flexible funding:
•  Overseas travel, accommodation, and other more sensitive expenditure
•  Self-care services such as massages, hairdressers, pedicures accessed as part of
Carer Support or IF respite.
•  Beneficial activities or items that do not obviously address how family care
responsibilities limit opportunities to otherwise participate in that activity.
•  The purchase of items such as consumer electronics, sporting or recreation goods,
which families might otherwise provide for.
The evidence for each of these limitations came from the following sources:
•  Analysis of spending data.
•  Flexible Funding recipients directly contacting Whaikaha where Individualised
funding Hosts had declined requests that were considered sensitive expenditure.
•  Concerns raised directly with Whaikaha by Providers, including Individualised
Funding and Choice in Community Living Hosts and Needs Assessment and Service
Coordination organisations on what funding was actually being spent on.
•  Feedback from directly from the community.

IN-CONFIDENCE
Recommendations
It is recommended that you:
a)  Note the contents of this memorandum
Noted

Amanda Bleckmann
Deputy Chief Executive, Commissioning, Design and Delivery
28 March 2024

Author: John Wilkinson, Principal Policy Analyst, Policy
Responsible manager: Amanda Bleckmann, Deputy Chief Executive, Commissioning,
Design and Delivery
File Reference
Title
2

From:
MaES requests (WHAIKAHA)
To:
Brian Coffey; Brian Coffey; s9(2)(a)
@parliament.govt.nz; ss9(2)(a) @parliament.govt.nz
Cc:
MaES requests (WHAIKAHA); Emma Williams
Subject:
FW: Flexible Funding
Date:
Thursday, 28 March 2024 12:26:00 pm
Attachments:
image001.png
image002.png
image003.png
Kia ora

Further information as requested from Amanda.

Ngā mihi,
Emma Williams (she/her)
Manager, Ministerial and Executive Services
eople
s9(2)(a)
whaikaha.govt.nz
www.Whaikaha.govt.nz

[GIF image of the logo and email signature banner of the Ministry]
Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō
Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the
warmth of the sun.

From: Amanda Bleckmann s9(2)(a)
@whaikaha.govt.nz>
Sent: Thursday, 28 March 2024 12:25 pm
To: Emma Williams <s9(2)(a)
@whaikaha.govt.nz>
Cc: Brian Coffey s9(2)(a)
@parliament.govt.nz>; MaES_requests (WHAIKAHA)
<[email address]>
Subject: Flexible Funding

IN-CONFIDENCE

Hi Emma, please see below

Source Host Provider

Below is a snapshot of some of the items that have been purchased under respite.

Out of scope, s9(2)(ba)(i)

Personal Budgets

IF Respite

IF- HCSS

Ngā manaakitanga

Amanda Bleckmann (pronoun she/her)
Deputy Chief Executive
Commissioning, Design and Delivery
Whaikaha – Ministry of Disabled People
s9(2)(a)
@whaikaha.govt.nz| Whaikaha.govt.nz

I work flexible hours, if this email arrives in your inbox outside of your working hours, I do not
expect you to read, take action or respond until you are next at work and able to respond.

Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō Tamanuiterā.

Like the rātā vines growing together and flourishing to stand strong in the warmth of the sun.

From: Brian Coffey
Sent: Thursday, 28 March 2024 1:11 PM
To: s9(2)(a)
@parliament.govt.nz>; s9(2)(a)
@parliament.govt.nz>
Subject: FW: flexible purchases
Out of scope

Out of scope

IN-CONFIDENCE

You can edit as you wish, but this is more context.
The Purchasing Rules were introduced to provide disabled people and family carers flexibility to
purchase support that works for them, in their specific context.
Over time, particularly carer support and flexible respite funding have been used with an
increasingly broad interpretations of ‘sustaining the carer in their role’.
Some of these purchases have recognised that effective support of the disabled person,
including psychological services, speech language services, services that work with young people
who have both intellectual disability and mental illness, and the purchases of items that support
disabled children to self-regulate, are an effective way to reduce the need for more intensive
breaks.
However, this use of flexibility enables access to services that for the general public are subject
to limited availability due to fiscal constraints within the public health, social development and
education systems. Whaikaha has become concerned that use of flexibility for these services
may undermine general efforts within government to work within fiscal limits.
Arguments have been made that hairdressing appointments and other appearance services can
be part of supporting often solo carers to have time for themselves, spend time with other
adults, and achieve a sense of wellbeing.

We have recorded evidence through providers of the range of purchases that are occurring, with
access to pedicures, hairdresser appointments, and massages at the extreme end of the
continuum.
Whaikaha considers it is not clear that paying these expenses is necessary to overcome any
barrier to undertaking these activities arising from having care responsibilities.
The same can also be said of domestic or overseas travel costs for families and individual
disabled people, where the cost of alternative care is not sought.
In the grey area between these kinds of investments have been gym memberships for family
carers, sporting and recreation goods that are used for carers undertaking physical lifting work to
maintain their fitness and ability to physically provide care safely.
While there is perhaps a stronger argument for these kinds of expenditure, fundamentally
Whaikaha believes these cannot be considered a high priority at a time when some family carers
must wait for essential equipment such as wheelchairs or equipment necessary to do lifting
safely to be provided.
This has contributed to pressure on the disability support budget, creating the need for a pause
and tightening of the rules, to managed immediate budget pressures and to ensure that money
appropriated for disability support is spent on the highest priority uses at this time.

Snapshot

Here is the first view of spending based on an analysis of the last 6 months of
spending data for s9(2)(ba)(i)

We have analysed 25729 bank transaction records and have categorised the majority of
them.

The pivot below shows the $ total value and also the number of records in each of the
categories.

I have described some of the categories below where they need some explanation.

There are still many Misc items that lack enough details/particulars to categorise quickly
and will require a lot more time to continue to categorise.

Categories Defined:

Bank Payments: are bank transfers to organisations or people we cannot identify or
categorise
Healthcare: are various items like pharmacy costs and charges and health related
costs that are not Therapies
Cash: are transactions that we can clearly identify as Cash Withdrawals
Retail Purchases & Items: are various retail and hardware store purchases (e.g.
Harvey Norman, Mitre 10, etc)
Bill Payments: are various payments for services (e.g. Electricity, etc)

From:
Emma Williams
To:
s9(2)(a)
Cc:
Paula Tesoriero; Disability Issues Portfolio; MaES requests (WHAIKAHA)
Subject:
Proactive OIA release - briefings to Minister for Disability Issues
Date:
Monday, 22 April 2024 11:55:13 am
Attachments:
6. Second tier BIM Safeguarding and Quality 2023.pdf
4. Disability Support Services REP-WHK-23-11-007.pdf
5. Background on the approach to scoping the Review of Eligibility for Disability Support Services.pdf
1. Briefing - Changes to EMS and flexible funding to manage Whaikaha expenditure.pdf
IN-CONFIDENCE
Kia oras9(2)(a)

Further to Trish’s phone conversation this morning with Paula Tesoriero,
please find attached the unsigned briefings to be included in the OIA
proactive release.

Please let me know if there is anything else you require.

Ngā mihi,
Emma Williams (she/her)
Manager, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People
s9(2)(a)
@whaikaha.govt.nz
www.Whaikaha.govt.nz

[GIF image of the logo and email signature banner of the Ministry]
Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō
Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the
warmth of the sun.

From:
Disability Issues Portfolio
To:
MaES requests (WHAIKAHA); Emma Williams
Cc:
Brian Coffey; Disability Issues Portfolio
Subject:
Commissioning: Meeting Advice - Midcentral Governance Group - Due 12pm 1 May 2024
Date:
Wednesday, 17 April 2024 3:50:29 pm
Attachments:
image001.png
Kia Ora koutou
Can I please commission Meeting / Invite Advice for the request below that the Minister has received:
Type of request: meeting
Name of Organisation / Individual: MidCentral Governance Group
Proposed date (if known): unspecified
Topics they wish to discuss with the Minister, or wish the Minister to talk about: discuss concerns
following the recent announcements (see below email for details of concerns)
Deadline to return Meeting Request Advice to the Minister’s office: 12pm 1May 2024
Ngā mihi
Sarah
Sarah s9(2)
Private
ry – Disability Issues Portfolio | Office of Hon Penny Simmonds
Minister for Disability Issues | Environment | Tertiary Education & Skills |
Associate Minister for Social Development & Employment
s9(2)(a)
parliament.govt.nz
Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
From: s9(2)(a)

Sent: Saturday, 6 April 2024 7:38 pm
To: Paula Tesorieros9(2)(a)
whaikaha.govt.nz>
Cc: s9(2)(a)
Subject: Disability changes
Dear Minister for Disability Issues,
The Midcentral Governance Group which provides community oversight in conjunction with the Director of Mana
Whaikaha over the delivery of disability support services in our region is compliant with a system transformation
response to the Community Enabling Good Lives approach. As a Governance Group we have an obligation to make
recommendations to you on what is working well and what is not.
In light of the recent announcements we are inviting you to attend a meeting where we can discuss the following
concerns.
Our first concern is being the lack of contact with us before this decision was made.
We are aware that it might not have completely changed the direction you talk but without input we believe the
response could have been less traumatic and together we could have co-designed solution that retained the integrity
of Enabling Good Lives.
Our position as aGovernance group is to maintain the integrity of Enabling Good Lives and all it stands for. By
excluding us from this decision and not using the process put in place has caused mistrust and unrest wear some if
not most of that could have been avoided.
Even though this is after the fact, consultation may avoid further disruption and disharmony among the disabled
community. We do realise budget cuts are necessary, that if our community had been approached our Community
would have been able to consider priorities to skim what they can themselves, and areas that may cause less
disruption. Giving people the explanation, Choice and control allows them the ability to make decisions over their
own lives which is as you are aware one of our principles.
Another concern is the adverse effect on the mental and emotional well being placed upon individuals and families.
We know al Health system cannot take an influx of more people at its door.
There is also a concern of greater violence within families and community when supports our disrupted, some of the
most vulnerable people will not reach out but act out. Hence why we have individualised funding and Personal
Budgets to work with the Enabling Good Lives approach specifically meeting the needs of the people.
Our budget are not one hat fits All, they are carefully planned to give the best support for those in need on the
criteria that personally suits them best, for well-being, safety and leading towards more productive, purposeful,
meaningful and independent good lives
.Our governance Group is made up of disabled people, Family members, Pacifica, Mana Whenua and providers and
includes a member from the Union with a wealth of knowledge between us . With this in mind we believe it would be
strongly recommended to meet with us to try and repair some of the damage that has been done and build a

relationship back to the people of our disabled Community you have been charged as a duty by yourCoalition
Government to support.
We respectfully Wait for your response.
s9(2)(a)
Enabling Good Lives
Disability Core Group
Regional leader
Acting Chair
Governance Group
Mid Central
Palmerston North
s9(2)(a)
This email is confidential and may contain information that is subject to legal privilege. If it is not intended for you
please do not read, distribute or copy it or any attachments. Please notify the sender by return email and delete the
original message and any attachments. Any views expressed in this email may be those of the individual sender and
may not necessarily reflect the views of the Ministry.
This email is confidential and may contain information that is subject to legal privilege. If it is not intended for you
please do not read, distribute or copy it or any attachments. Please notify the sender by return email and delete the
original message and any attachments. Any views expressed in this email may be those of the individual sender and
may not necessarily reflect the views of the Ministry.
This email is confidential and may contain information that is subject to legal privilege. If it is not intended for you
please do not read, distribute or copy it or any attachments. Please notify the sender by return email and delete the
original message and any attachments. Any views expressed in this email may be those of the individual sender and
may not necessarily reflect the views of the Ministry.
This email is confidential and may contain information that is subject to legal privilege. If it is not intended for you please do not
read, distribute or copy it or any attachments. Please notify the sender by return email and delete the original message and any
attachments. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of
the Ministry.

From:
MaES_requests (WHAIKAHA)
To:
Brian Coffey; ELT Whaikaha (WHAIKAHA)
Cc:
Ginny Baddeley; Carmela Petagna;
@parliament.govt.nz; Emma Williams; Disability Issues Portfolio
s9(2)
Subject:
Daily report on implementation of clarifications
Date:
Tuesday, 23 April 2024 5:00:00 pm
Attachments:
2024.04.23 Daily Report_ (002).docx
Importance:
High
Kia ora

Please find today’s briefing on implementation of clarifications attached.

Let me know if there are any queries.

Ngā mihi,
Emma Williams (she/her)
Manager, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People
s9(2)(a)
@whaikaha.govt.nz www.Whaikaha.govt.nz

[GIF image of the logo and email signature banner of the Ministry]
Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō
Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the
warmth of the sun.

From: Brian Coffey s9(2)(a)
@parliament.govt.nz>
Sent: Monday, April 22, 2024 9:44 AM
To: MaES_requests (WHAIKAHA) <[email address]>
Cc: Emma Williams s9(2)(a)
@whaikaha.govt.nz>; Ginny Baddeley <Gs9(2)(a)
[email address]>;
Carmela Petagna s9(2)(a)
@whaikaha.govt.nz>; ss9(2)(a) @parliament.govt.nz
Subject: Daily report on implementation of clarifications

Kia ora

In follow up to this morning’s CMM meeting.

Please provide a daily (by 4.00 p.m.) update on implementation of the Clarification Implementation Plan.

Bullet points informing on the actions on the plan implemented each day – Monday, Tuesday, Wednesday, Friday.

Ginny/Carmela to take the lead?

A summary of any “reactions/responses”.

Any emerging risks/issues and approach to be taken.

Ngā manaakitanga

Brian Coffey
Private Secretary – Disability Issues Portfolio | Office of Hon Penny Simmonds

Minister for Disability Issues | Environment | Tertiary Education & Skills |
Associate Minister for Social Development & Employment
s9(2)(a)
@parliament.govt.nz
s9(2)(a)
Website: www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

IN-CONFIDENCE

Tuesday 23 April 2024
Daily Report for the Minister:  22-24 April 2024
Progress update on the release of clarifications to the Purchase
Rules – due for website release 9.00 am 24 April 2024
What
Briefings commenced today at 8.30 am with key
happened
external stakeholders being invited to meetings
today
as a pre-briefing on clarifications to the
Purchase Rules.   Immediately prior to each
meeting, three key documents were shared, to
form the basis of the discussion.  Meetings held
(or email communications sent) included:
•  Strategic advisory groups (including the
Transformation Board, Insights Alliance,
the CEO Forum)
•  Peak Bodies (NZDSN, HCHA, NZNASCA,
Carers NZ)
•  IF Hosts
•  NASCs
•  Choice in Community Living providers
•  DIAS providers
•  Te Whatu Ora carer support payments
team
All were advised to keep the material
confidential, given public release is planned for
9.00 am 24 April 2024.
How did it go?  All parties welcomed the advance notice, and
additional time to digest the information shared,
prior to public release.
There is a need to maintain active engagement
with our provider network, and strategic

IN-CONFIDENCE

networks in the next few weeks as questions
continue to be raised and we support our
providers and partners to understand the intent
and application of the Purchase Rules.
Some common themes raised today at the
various meetings included:
•  What is funded by other Government
Departments;
•  Ensuring consistency of application and
decision-making is occurring;
•  Many focussed on how they will more
meaningfully be engaged to inform the
longer term settings for flexible funding.
What is
Tomorrow the material is being placed on the
happening
external website at 9.00 am, with a cover
tomorrow?
website story.
Our comms team has prepared some potential
reactive media statements should they be
required.
No public / media releases are planned, and no
dissemination on social media, although the
social media channels will be monitored as part
of our BAU.

From:
Brian Coffey
To:
MaES requests (WHAIKAHA)
Cc:
@parliament.govt.nz; Amanda Bleckmann; Emma Williams; Carmela Petagna; John Wilkinson
s9(2)
Subject:
Change of due date from 26.4.24 to 3.05.24
Date:
Wednesday, 24 April 2024 10:11:19 am
Attachments:
questions about disability supports and services.docx
Kia ora Whaikaha
Please note that the due date for this information is now back to 3 May 2024, not 26 April 2024.
Thanks
Ngā manaakitanga
Brian Coffey
Private Secretary – Disability Issues Portfolio | Office of Hon Penny Simmonds
Minister for Disability Issues | Environment | Tertiary Education & Skills |
Associate Minister for Social Development & Employment
s9(2)(a)
parliament.govt.nz
Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
From: Brian Coffey
Sent: Thursday, April 18, 2024 12:26 PM
To: MaES_requests (WHAIKAHA) <[email address]>
Cc: Sarah s9(2)(a)
@parliament.govt.nz>; Amanda Bleckmann s9(2)(a)
@whaikaha.govt.nz>;
Emma Williams s9(2)(a)
@whaikaha.govt.nz>; Carmela Petagna s9(2)(a)
@whaikaha.govt.nz>
Subject: questions about disability supports and services.docx
Kia ora Whaikaha
Commissioning information by close of play 26 April. The information below and attachment provides detail on what is
required.
Basically, the task is:
Check the answers already provided to the questions – change, add to, replace.
Provide a response to the questions where we have not been able to provide information or we don’t have the full
information (four questions)
This will most likely need to be responded to by Commissioning Design and Delivery., hence Carmela and Amanda copied in.
The “top 20 question” will need some thought on how best to present. I have made some suggestions.
Ngā manaakitanga
Brian Coffey
Private Secretary – Disability Issues Portfolio | Office of Hon Penny Simmonds
Minister for Disability Issues | Environment | Tertiary Education & Skills |
r Social Development & Employment
s9(2)(a)
parliament.govt.nz
Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
Information request
Please see below some questions from the Minister’s office.
I have been able to respond to most of the questions by cutting and pasting from recent papers, but there are still some
gaps. Please check the responses provided and change, add information if required.
Please provide information or additional information on the following questions:
What proportion of requests for support and funded items are declined?
What proportion of overall funding goes to the person with disabilities vs carers?
What proportion of overall funding goes to the person with disabilities vs carers?
How does Whaikaha contract for service delivery? How much $$, what services, how many providers etc
In addition to a broad understanding as above, I’d like (anonymised) information describing the circumstances of the top 20
households who receive most funding from Whaikaha please. The reason I would like this is with other agencies I have
found asking for information in this format sheds valuable light on the extreme need some of our families are facing. Happy
to provide more detail if needed.
This may best be answered through the “top 20” accessing (a) forensic services (b) residential services (c) community based
supports.
Key anonymised information – impairment, family/whanau context, age, gender, ethnicity, additional challenges, length of
time known to the system, employment status, the counter factual (if not this support/investment what other support/service

would be required..
I’m not sure if you have an existing briefing paper that explains it, but the kind of things I’d like to
“Can you please help me get my head around how the funding for people with disabilities works
currently?
Eligibility for funding and or support services – how is this currently decided?
What’s the process to become eligible for funding?
How do we decide how much support a particular individual requires?
All the different pools of funding and what they cover
What proportion of requests for support and funded items are declined?
What support is available for carers and from which allocations?
What proportion of overall funding goes to the person with disabilities vs carers?
I assume this funding isn’t taken into account for MSD’s ‘income’ purposes.. and what’s the
correlation between disability or caring for a person with disabilities and benefit receipt?
All about respite, what’s available, how is that accessed? Is there a set amount of time each
year?
How does Whaikaha contract for service delivery? How much $$, what services, how many
providers etc
In addition to a broad understanding as above, I’d like (anonymised) information describing the
circumstances of the top 20 households who receive most funding from Whaikaha please. The reason
I would like this is with other agencies I have found asking for information in this format sheds
valuable light on the extreme need some of our families are facing. Happy to provide more detail if
needed.