Printed from https://fyi.org.nz/request/27533-concerns-regarding-ministerial-procurement-and-auditor-general-s-investigative-authority on July 17, 2024 21:17

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Concerns Regarding Ministerial Procurement and Auditor-General's Investigative Authority

Andrew Green made this Official Information request to Office of the Controller and Auditor-General

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From: Andrew Green

Dear Office of the Controller and Auditor-General,

I am writing to express my concerns and request information under the Official Information Act regarding the Office of the Auditor-General's investigative authority concerning the procurement process for ministers appointing report writers. Specifically, I am deeply concerned about Minister Bishop's appointment of former National Party leader Bill English to write a partisan report on KO using public funds without undergoing any procurement checks. This undermines public trust and confidence in public finance.

Furthermore, I am concerned about how the rate of pay for Bill English was determined and whether this process was transparent. Additionally, I am concerned about the text messages that directly inquire with Minister Bishop about his expectations for the review, along with the funding source for his and his daughter's company's review. Does the Office have powers to investigate such matters?

Moreover, I would appreciate clarification on whether the Office has the independent authority to thoroughly investigate purely political appointments and the public allocation of funding for such a purpose. I also seek assurance on whether the Auditor-General operates independently or faces influence or constraints imposed by the executive branch of government.

Your prompt attention to these concerns and inquiries is greatly appreciated.

Yours faithfully,

Andrew Green

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From: enquiry

Tēnā koe Andrew

Thank you for you request of 8 July 2024.

Your request has been passed on to the team best placed to consider the matters rasied. Our Office will be in touch in due course.

Ngā mihi

Shauna
Enquiry mailbox
04 917 1500| [email address]
Office of the Auditor-General Te Mana Arotake
Improving trust, promoting value
Level 2, 100 Molesworth Street, Thorndon, Wellington 6011 | PO Box 3928 Wellington 6140
oag.parliament.nz | Follow us on Twitter, Facebook, Linkedin, and Instagram

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From: Jessica Short

Tçnâ koe Andrew

 

Thank you for your email.

 

Please note, our Office is not subject to the Official Information Act
(OIA) 1982, as explained on our [1]website.

 

We are aware of the matter you have raised, and we note:

o The review of Kâinga Ora was commissioned by the Minister of Finance
and the Minister of Housing to be carried out under section 132 of the
Crown Entities Act 2004.
o This was formally agreed to by the Cabinet 100-day Plan Committee, who
also gave approval for what the review might cover, the budget (to
come from Ministry of Housing and Urban Development funding), the
process for formally selecting and appointing the reviewers, and the
type of reviewers expected.
o We have not seen evidence that ImpactLab was involved.
o Ministers/Ministerial appointments are not subject to Government
Procurement Rules.
o There is no specific guidance within the Crown Entities Act 2004,
Inquiries Act 2013, or from the Department of the Prime Minister and
Cabinet (DPMC) regarding any procurement process that should be
followed.
o Ministers have broad discretion to make decisions. They can seek
advice of their own initiative and rely on their own knowledge when
making decisions.

 

The Controller and Auditor-General is [2]an Officer of Parliament. This
means he is independent of the Government and can't be directed by
whichever political party is holding power. Under the Public Audit Act
2001, the Office of the Auditor-General can inquire into uses of public
money, but not into policy decisions. We can only look at whether the use
of public resources is in a manner consistent with those policy decisions.
As we have seen no evidence to indicate that this was not the case here,
our office does not propose to do further work regarding this matter at
this time.

 

Thank you for writing to us about your concerns.

 

Ngâ mihi,

 

Jessica Short (she/her)
Inquiries Specialist – Legal, Policy and Inquiries
+64 21 222 8407 | [3][email address]
Office of the Auditor-General Te Mana Arotake
Improving trust, promoting value
Level 2, 100 Molesworth Street, Thorndon, Wellington 6011 | PO Box 3928
[4]oag.parliament.nz | Follow us on [5]Twitter, [6]Facebook, [7]LinkedIn,
and [8]Instagram

 

 

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