Document 4
Membership
6. Grant Illingworth KC is proposed as the Phase 2 Chair, and Judy Kavanagh and Anthony Hill
are proposed as members of Phase 2. Agreement to their respective daily fees is also sought.
None of the proposed appointments have any identified conflicts of interest.
7. The Amendment Order notes that Professor Antony Blakely and John Whitehead wil
conclude the roles upon the delivery of the Phase 1 report, and that Grant Il ingworth wil
commence his role as the Phase 2 Chair the day after that report is delivered.
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8. The appointments of Judy Kavanagh and Anthony Hil wil come into effect on 26
September 2024, when the Amendment Order comes into force.
Act
Appendix A: Suggested talking points for the Cabinet Social Outcomes Committee
Phase 2 membership
• Grant Illingworth KC is proposed as the Phase 2 Chair. He was recently appointed to
the Royal Commission and is supporting work on the Phase 1 report.
• Judy Kavanagh and Anthony Hill are proposed as members of Phase 2.
• Col ectively, the three proposed appointments wil have the right skil s and attributes
Information
to deliver on the Phase 2 terms of reference.
• Agreement to their respective daily fees is also sought: $1,680 for the Chair, and
$1,620 for the members.
Official
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Page 1 of 1
Document 5
Membership matters
10. On 22 July 2024, Cabinet agreed to appoint Grant Illingworth KC to the Royal Commission
[CAB-24-MIN-0260 refers]. Cabinet had previously noted, on 24 June 2024, your
intention to appoint a new Commissioner to Phase 1 as soon as practicable, and that this
Commissioner would continue into Phase 2 [CAB-24-MIN-0212.01 refers].
11. We have previously provided you with information about Judy Kavanagh, who wil bring
economic skil s and expertise to Phase 2, as wel as an understanding of the public
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sector.
12. We have also confirmed the interest of Mr Anthony Hill for consideration. Mr Hill has a
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background in health and disability sectors, having held senior positions at the Ministry
of Health for 15 years, and as a Health and Disability Commissioner for 10 years. He is a
practicing barrister and is currently serving as the Chancellor of the Anglican Church
Diocese of Wel ington.
13. We have undertaken due diligence on al candidates. There are no concerns to note.
While Ms Kavanagh has made some public postings or had minor involvement in
research relevant to the COVID-19 response, her commentary has been largely neutral.
Mr Hill was the Health and Disability Commissioner until September 2020, in a period
covering New Zealand’s early responses to COVID-19. He did not make any public
Information
statements, and this period is outside the scope of Phase 2.
Official
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Information
Official
the
under
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Importance: High
Tēnā koe Mr Hill,
The Minister’s office has advised me that you are interested in being considered for the
upcoming second phase of the Royal Commission of Inquiry into COVID-19. Thank you for
considering this opportunity and for your positive indication.
We are currently working with the Crown Law Office and the Parliamentary Counsel Office
on crafting the terms of reference, and undertaking the necessary checks on the potential
1982
members for the Royal Commission. To support this process, I have attached two forms
for your attention and action.
Act
I regretfully will need to put some time pressure on you. If you are able to consider the
forms and send them back to me by tomorrow (Wednesday) 10am, this will enable us to
provide a draft Cabinet paper to the Minister by Thursday this week so that the next stage
of the Cabinet paper process can commence in time.
I am very happy to discuss any aspect of the Royal Commission, the two phases and some
of the steps necessary to protect evidence between phases, and the process for
appointment. My contact details are at the foot of this message.
Information
Ngā mihi nui
Anita
Anita Balakrishnan (ia/she/her)
Official
Director Inquiries
Toi Hiranga | Regulation and Policy Branch
Te Tari Taiwhenua | Department of Internal Affairs
the
45 Pipitea Street | PO Box 805, Wellington 6140, New Zealand
īmera: [email address]
nama waea: 9(2)(a)
dia.govt.nz | Facebook | LinkedIn
under
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Document 7
APPOINTMENT IN-CONFIDENCE
APPOINTMENT DISCLOSURE FORM
INQUIRY MEMBER
Potential members of the
Royal Commission of Inquiry into New Zealand’s preparedness for a
future pandemic (the Inquiry) are requested to complete this
Appointment Disclosure Form so
that all relevant information is recognised and disclosed before an appointment is confirmed.
The Inquiries Act 2013 specifies three types of inquiry: Royal Commission, public inquiry, and
1982
Government inquiry. The three types of inquiry have identical powers, and differ only in status,
how they are established, and the way they report back.
Act
Inquiries are established to inquire into a matter of public importance. There is often heightened
media and political interest in the issue at the centre of an inquiry. All aspects of an inquiry,
including the Terms of Reference and the appointment of the members of the Inquiry, can come
under intense public scrutiny. It is important that the appointment process and the members
appointed to an inquiry are able to withstand that public scrutiny, and uphold the integrity of an
inquiry’s processes and findings.
This
Appointment Disclosure Form is part of the appointment process. Along with ensuring that
members of an inquiry have the requisite skills and expertise, the appointment process also
needs to ensure that any conflicts of interest and other matters are dealt with appropriately.
Information
Potential, actual or perceived conflicts of interest need to be recognised, disclosed and managed
in a detailed, considered, and effective manner to support the credibility and overall success of
an inquiry. The Inquiry must be seen and believed to be fully independent and free from undue
influence. Principles of independence, impartiality and fairness are also required under the
Inquiries Act 2013.
Official
INSTRUCTIONS FOR COMPLETING THE
APPOINTMENT DISCLOSURE FORM
the
Before a person is considered for appointment as a member of the Inquiry, the person should:
• consent in writing to being considered for membership (
Part 1 of the form)
• disclose to the Appropriate Minister the nature and extent (including monetary value, if
quantifiable) of any actual, potential and/or perceived conflict of interest in matters relating to
the Inquiry (
Part 2 of the form)
under
• disclose all other matters that might impact on the Inquiry or would make appointment to the
Inquiry undesirable or unsuitable (
Part 3 of the form)
• authorise the Department of Internal Affairs to check the accuracy of the information provided
(
Part 4 of the form).
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Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 1 of 9
pandemic
APPOINTMENT IN-CONFIDENCE
Please read this information sheet carefully and complete the form fully.
If in doubt, always err on the side of openness and note that any disclosure will not necessarily
preclude you from being appointed if it is recognised, disclosed and appropriately managed.
Contact Anita Balakrishnan, Acting Director Inquiries, Department of Internal Affairs, if you have
any questions (contact details are on page 4 of this form).
Conflict of Interest (Part 2)
1982
Conflicts of interest arise in a number of settings. The most important thing is to recognise if they
exist (or could exist), disclose them, and consider how they can be managed in an appropriate
way.
Act
A conflict of interest is where:
A member's duties or responsibilities could be affected by some other interest or duty
that the member or official may have.1
There are many different types of conflicts, from financial conflicts of interest to a conflict in
roles or duty. They may also arise in the context of inquiries where a person has worked for,
represented, or has otherwise been connected to another person or organisation affected by
the Inquiry’s terms of reference. In a place like New Zealand, some connections are to be
expected. In every case, it is best to identify the connection and list it.
Information
When considering how to approach actual or perceived conflicts of interest, whether past,
present, or future, the Department relies upon the 2016 guidance provided by the Office of the
Auditor-General (OAG Guidance). The guidance below, about identifying and managing conflicts,
is taken from the OAG Guidance.
Part 4.4 of the OAG Guidance states: “Those in governance roles need to manage their interests
in a way that is transparent and does not compromise the decision that is being made by the
Official
public entity”, and provides three steps that need to be taken:
1. recognising that there is a conflict of interest;
the
2. disclosing the conflict of interest; and
3. managing the risks associated with the conflict of interest.
The Chair and members of the Inquiry will be required to be independent, impartial, and fair while
dealing with highly sensitive issues of significant public interest. The Chair and members have a
key role in upholding the integrity of the Inquiry’s work.
under
You are required to disclose any current or potential conflict of interest you have or may have in
future in any matter relating to the Inquiry. This includes a perceived conflict of interest, i.e., a
situation where others think you may have a conflict of interest, irrespective of whether or not you
do. This disclosure is to safeguard you, the Appropriate Minister and, ultimately, the Inquiry itself.
You should therefore provide all information in that regard, even if you are unsure whether it
actually establishes a conflict of interest or not.
If in doubt – declare.
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Please note even if you have a conflict of interest,
it will not necessarily preclude you from
being appointed. Any such interest would be carefully assessed by the Department. This
1 https://www.oag.govt.nz/2016/reflections/part4.htm
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 2 of 9
pandemic
APPOINTMENT IN-CONFIDENCE
assessment may also involve discussion with you, to ensure that all issues are understood and
considered in an appropriate way.
An essential step once an actual or potential conflict of interest issue has been recognised and
disclosed is to develop a careful and effective management plan. The information you provide
should include full details of any conflict of interest, how it relates to the Inquiry and how you
consider it can be managed best (including any steps you may have taken already to address the
risk).
The Office of the Auditor-General provides helpful and detailed guidance about conflicts of
1982
interest in New Zealand. The OAG Guidance includes a section on managing conflicts (Part 4.4),
as well as a comprehensive list of specific options for mitigating and managing such conflicts.
The Office of the Auditor General has information about conflicts of interest at:
Act
https://www.oag.govt.nz/2007/conflicts-public-entities
You can find advice on managing conflicts of interest here:
https://www.oag.govt.nz/2016/reflections/part4.htm
Disclosure of any other matters (Part 3)
You are requested to disclose any other matters that the Appropriate Minister should be aware
of when considering your appointment. If you are in doubt whether a matter might be relevant or
not, you should provide that information.
Information
The work of the Inquiry is a significant undertaking. It represents an opportunity to investigate and
ultimately make positive changes to the lives of New Zealanders. The trust and confidence of
the New Zealand public will be essential to the Inquiry’s overall success.
The nature of the Inquiry means that actual or perceived connections to the matters under
investigation have a heightened importance. Central to the Inquiry’s success is that the Chair and
members act, and are seen to act, in ways that will ensure the integrity of the Inquiry and its work.
Official
Given the Inquiry’s purpose and the skills and expertise required of members, it is expected that
members will have matters that should be provided in this section. This may include, but not be
the
limited to, any public statements on your position on New Zealand's COVID-19 response, your
connection to any public sector agencies and their international partners. Disclosure of relevant
matters may also include any personal or family members’ connections to individuals involved in
New Zealand’s COVID-19 response.
Please note that there are matters that may make your appointment to the Inquiry undesirable.
under
These include if you are;
• an undischarged bankrupt
• prohibited from being a director or promoter of, or being concerned or taking part in the
management of, an incorporated or unincorporated body under the Companies Act 1993, or
the Securities Act 1978, or the Securities Markets Act 1988, or the Takeovers Act 1993
• a person subject to a property order under the Protection of Personal and Property Rights
Act 1988
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• a person in respect of whom a personal order has been made under that Act that reflects
adversely on the person’s –
o competence to manage his or her own affairs in relation to his or her property; or
o capacity to make or to communicate decisions relating to any particular aspect or
aspects of his or her personal care and welfare
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 3 of 9
pandemic
APPOINTMENT IN-CONFIDENCE
• a person who has been convicted of an offence punishable by imprisonment for a term of 2
years or more, or who has been sentenced to imprisonment for any other offence, unless that
person has obtained a pardon, served the sentence, or otherwise suffered the penalty
imposed on the person
• a Member of Parliament (unless the person is elected, rather than appointed, to office as a
member under any Act)
• a person who is disqualified under another Act.
Your completed disclosure form (Part 4)
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The Department of Internal Affairs will keep the information you disclose in the
Appointment
Disclosure Form secure. You have the right of access to and correction of all your personal
information under the Privacy Act 1993. Please note that at the conclusion of the appointment
process the Department of Internal Affairs will retain only the disclosure forms completed by the
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successful appointees, and will destroy securely all the disclosure forms submitted by
unsuccessful candidates.
Please note that if you do not complete the declaration form your appointment will not be able to
be progressed.
Please return the completed form to:
Anita Balakrishnan, Acting Director Inquiries
The Department of Internal Affairs | Te Tari Taiwhenua
Information
By one of the following methods:
• Email a scanned copy of the signed document as an attachment to:
• [email address]
• Post to PO Box 805, Wellington 6140.
Contact number for queries:
Official
• Anita Balakrishnan, 9(2)(a)
the
under
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Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 4 of 9
pandemic
APPOINTMENT DISCLOSURE FORM
Before you complete this form, please ensure you have carefully read and considered the
document “Instructions for Completing the Appointment Disclosure Form”.
You may use further pages, if necessary, to provide the information requested in this form.
1. Consent to appointment
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I,
Anthony Murray Hill
(full legal name)
Date of birth:
9(2)(a)
Act
consent to being appointed to
Royal Commission of Inquiry into COVID-19
the
Lessons
(name of Inquiry)
as a
Member
(position)
I understand that although I have been nominated for appointment, this is not a guarantee that
Information
I will be appointed.
If you have previously been known by another name, please disclose this below, together with
the date of the change and the reason for the change.
Name
Official
the
Date of Change
Reason for Change
under
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Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 5 of 9
pandemic
2. Conflict of Interest
If you have no conflicts at all to declare complete this section
I,
(full legal name)
declare that I
do not have, or am not aware of,
any conflict of interest (whether 1982
actual or perceived, and past, present, or future)) relevant to my potential
appointment as a member of the
Inquiry into New Zealand’s preparedness for a
future pandemic
Act
[If you have ticked this box, please go to Section 3 – Other matters]
OR
If you have a conflict to declare complete this section
x
I, Anthony Murray Hill
(full legal name)
Information
declare that I
do, or
may have, the following conflict of interest (whether actual or
perceived, and past, present, or future) in relation to my potential appointment as a
member of the
Inquiry into New Zealand’s preparedness for a future pandemic
Please note below any conflicts of interest (actual or perceived, and past, present,
or future) and explain how you propose to manage, or have managed, these.
Official
Health and Disability Commissioner term ended September 2020, covering New
the
Zealand’s early responses to COVID-19. Complaints about access to and
delivery of health services during that period. No public statements made
about New Zealand’s COVID-19 strategic approach. Not aware of any conflict.
Chancellor to the Diocese of Wellington, and to Te Pihopatanga o Te Upoko o
under
Te Ika, each part of the Anglican Church in Aotearoa, New Zealand and
Polynesia.
Not aware of conflict arising. A range of views expressed within the Church, not
aware of any official positions likely to cause a conflict
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Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 6 of 9
pandemic
3. Disclosure of other matters relating to appointment
When completing this section please be as open as you can. It is better to raise an issue now
and for it to be considered before your appointment than to leave this section blank and for
matters to be raised at a later date.
3.1 Do you have any other matters to declare that the Department should be aware of, as it
supports the Minister in considering her final appointment proposal to Cabinet?
Candidates are asked to carefully consider this section. Please contact the Department
if you have an issue but are unsure as to whether an issue should be noted in this section.
1982
YES
NO x
If yes, please give details:
Act
3.2 Do you have, or have you ever had, a medical condition caused by injury, illness, disability
or any gradual process that may be aggravated by, or affect your ability to carry out, the
tasks expected of a member of the Inquiry?
Information
YES
NO x
If yes, please give details
Official
the
3.3
Have you ever been convicted of a criminal offence (including traffic offences)?
For details about whether you are required to declare your convictions (if any) you need to
determine your eligibility under the Criminal Records (Clean Slate) Act 2004, details of which
can be found under https://www.justice.govt.nz/criminal-records/clean-slate/
Please note that, if you are not required to disclose your conviction(s), that does not mean
under
that you were never convicted of any offences, instead it just means for the purpose of this
application you are regarded as, and can state that you are, conviction free.
YES
NO
x
If yes, please give details (including any penalty imposed) and include any additional
information you consider to be relevant.
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Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 7 of 9
pandemic
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Information
Official
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Document 9
From:
Anita Balakrishnan
To:
9(2)(g)(ii)
Subject:
FW: Forms for Royal Commission candidate nomination
Date:
Wednesday, 24 July 2024 4:41:10 pm
Attachments:
image001.jpg
image002.png
Are you 9(2)(g)(ii) happy for me to make a time for a chat with Judy?
From: Judy Kavanagh <[email address]>
Sent: Wednesday, July 24, 2024 4:40 PM
1982
To: Anita Balakrishnan <[email address]>
Subject: RE: Forms for Royal Commission candidate nomination
Act
Hi Anita
Your email is timely because I was wondering what was happening with the process
and whether you have other candidates for the commissioner roles available.
As for me, I am genuinely torn. On the one hand, 9(2)(g)(i)
Information
On the other hand, 9(2)(g)(i)
Perhaps we should talk
about that a little more?
Kind regards
Official
Judy
the
From: Anita Balakrishnan <[email address]>
Sent: Wednesday, July 24, 2024 12:19 PM
To: Judy Kavanagh <[email address]>
Subject: RE: Forms for Royal Commission candidate nomination
under
Kia ora, Judy
My apologies if I didn‘t acknowledge receipt of your email immediately – 9(2)(a)
, and while I can see I took the necessary actions
internally, I can’t see that I responded to you.
We are providing the Minister with further information to support the process, and I just
Released
wanted to check that you are still interested. If you would like a time to discuss the role and
expectations further, I am happy to make a time for us to meet. It may need to be online so
that I can involve the other necessary members of the Inquiries Directorate who are not
Wellington-based.
Please let me know if you are still keen and if you think a further meeting would be useful.
Nga mihi
Anita
From: Judy Kavanagh <[email address]>
Sent: Thursday, July 4, 2024 11:33 AM
To:
1982
Anita Balakrishnan <[email address]>
Subject: RE: Forms for Royal Commission candidate nomination
Act
Kia ora, Anita
Please find attached my disclosure form and a current cv, both in PDF format. I have left
the candidate cv form in word, because there are sections relating to the term and
payment I will need you to fill in. Do let me know if you need anything clarified or altered.
Kind regards
Judy
Information
From: Anita Balakrishnan <[email address]>
Sent: Tuesday, July 2, 2024 12:02 PM
To: Judy Kavanagh <[email address]>
Subject: RE: Forms for Royal Commission candidate nomination
Official
Kia ora, Judy
My team has just reminded me that I forgot to add one more thing to my request. If you
the
could also please provide your updated CV when you send the forms, that would be
appreciated.
9(2)(a)
under
Ngā mihi
Anita
From: Judy Kavanagh <[email address]>
Sent: Monday, July 1, 2024 4:20 PM
To: Anita Balakrishnan <[email address]>
Subject: RE: Forms for Royal Commission candidate nomination
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Dear Anita
Forms received, thank you. I notice we have the same job title! Thank you for taking
the time to talk me through the process.
1982
Act
Information
Official
the
under
Released
Document 10
From:
Anita Balakrishnan
To:
Nick Williamson
Cc:
9(2)(g)(ii)
; Suzanne Doig; Karen Hope-Cross; 9(2)(g)(ii)
Subject:
COVID-19 RC candidate for second phase Judy Kavanagh
Date:
Wednesday, 24 July 2024 4:39:38 pm
Attachments:
COVID-19 RC candidate for second phase Judy Kavanagh.docx
image001.png
Kia ora, Nick
As discussed in a few conversations today, attached is the assessment for Judy Kavanagh
against due diligence and skills and attributes for upcoming COVID-19 Royal Commission. 1982
As requested, it is in a simple format to assist the Minister to commence negotiations, and
we have not repeated the details relating to Grant Illingworth KC. If you advise that we can
Act
contact further candidates, we will undertake the necessary checks and provide you with a
similar update.
A consolidated assessment will also be provided in the Cabinet papers later in August.
Please let me know if you have any questions or if there is a need to review the format.
Ngā mihi
Anita
Information
Anita Balakrishnan (ia/she/her)
Director Inquiries
Toi Hiranga | Regulation and Policy Branch
Official
Te Tari Taiwhenua | Department of Internal Affairs
45 Pipitea Street | PO Box 805, Wellington 6140, New Zealand
the
īmera: [email address]
nama waea: 9(2)(a)
dia.govt.nz | Facebook | LinkedIn
under
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1982
Act
Information
Official
the
under
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a Deputy Director-General of Health.
9(2)(a)
I wish you well in your considerations, and every success for the work ahead.
1982
Ngā mihi nui,
Act
Anthony Hill
Anthony Hill
Barrister
P: 9(2)(a)
E:
This e-mail is intended for the use of the addressee only and may contain confidential and legally privileged information.
Any dissemination, distribution or copying by anyone other than the intended recipient of this e-mail is strictly
prohibited. If this e-mail has been received in error, please send an e-mail in response, or telephone me immediately on
Information
the number above, and destroy the original message.
Official
the
under
Released
Document 13
APPOINTMENT IN-CONFIDENCE
APPOINTMENT DISCLOSURE FORM
INQUIRY MEMBER
Potential members of the
Royal Commission of Inquiry into New Zealand’s preparedness for a
future pandemic (the Inquiry) are requested to complete this
Appointment Disclosure Form so
that all relevant information is recognised and disclosed before an appointment is confirmed.
The Inquiries Act 2013 specifies three types of inquiry: Royal Commission, public inquiry, and
1982
Government inquiry. The three types of inquiry have identical powers, and differ only in status,
how they are established, and the way they report back.
Act
Inquiries are established to inquire into a matter of public importance. There is often heightened
media and political interest in the issue at the centre of an inquiry. All aspects of an inquiry,
including the Terms of Reference and the appointment of the members of the Inquiry, can come
under intense public scrutiny. It is important that the appointment process and the members
appointed to an inquiry are able to withstand that public scrutiny, and uphold the integrity of an
inquiry’s processes and findings.
This
Appointment Disclosure Form is part of the appointment process. Along with ensuring that
members of an inquiry have the requisite skills and expertise, the appointment process also
needs to ensure that any conflicts of interest and other matters are dealt with appropriately.
Information
Potential, actual or perceived conflicts of interest need to be recognised, disclosed and managed
in a detailed, considered, and effective manner to support the credibility and overall success of
an inquiry. The Inquiry must be seen and believed to be fully independent and free from undue
influence. Principles of independence, impartiality and fairness are also required under the
Inquiries Act 2013.
Official
INSTRUCTIONS FOR COMPLETING THE
APPOINTMENT DISCLOSURE FORM
the
Before a person is considered for appointment as a member of the Inquiry, the person should:
• consent in writing to being considered for membership (
Part 1 of the form)
• disclose to the Appropriate Minister the nature and extent (including monetary value, if
quantifiable) of any actual, potential and/or perceived conflict of interest in matters relating to
the Inquiry (
Part 2 of the form)
under
• disclose all other matters that might impact on the Inquiry or would make appointment to the
Inquiry undesirable or unsuitable (
Part 3 of the form)
• authorise the Department of Internal Affairs to check the accuracy of the information provided
(
Part 4 of the form).
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 1 of 8
pandemic
APPOINTMENT IN-CONFIDENCE
Please read this information sheet carefully and complete the form fully.
If in doubt, always err on the side of openness and note that any disclosure will not necessarily
preclude you from being appointed if it is recognised, disclosed and appropriately managed.
Contact Anita Balakrishnan, Acting Director Inquiries, Department of Internal Affairs, if you have
any questions (contact details are on page 4 of this form).
Conflict of Interest (Part 2)
1982
Conflicts of interest arise in a number of settings. The most important thing is to recognise if they
exist (or could exist), disclose them, and consider how they can be managed in an appropriate
way.
Act
A conflict of interest is where:
A member's duties or responsibilities could be affected by some other interest or duty
that the member or official may have.1
There are many different types of conflicts, from financial conflicts of interest to a conflict in
roles or duty. They may also arise in the context of inquiries where a person has worked for,
represented, or has otherwise been connected to another person or organisation affected by
the Inquiry’s terms of reference. In a place like New Zealand, some connections are to be
expected. In every case, it is best to identify the connection and list it.
Information
When considering how to approach actual or perceived conflicts of interest, whether past,
present, or future, the Department relies upon the 2016 guidance provided by the Office of the
Auditor-General (OAG Guidance). The guidance below, about identifying and managing conflicts,
is taken from the OAG Guidance.
Part 4.4 of the OAG Guidance states: “Those in governance roles need to manage their interests
in a way that is transparent and does not compromise the decision that is being made by the
Official
public entity”, and provides three steps that need to be taken:
1. recognising that there is a conflict of interest;
the
2. disclosing the conflict of interest; and
3. managing the risks associated with the conflict of interest.
The Chair and members of the Inquiry will be required to be independent, impartial, and fair while
dealing with highly sensitive issues of significant public interest. The Chair and members have a
key role in upholding the integrity of the Inquiry’s work.
under
You are required to disclose any current or potential conflict of interest you have or may have in
future in any matter relating to the Inquiry. This includes a perceived conflict of interest, i.e., a
situation where others think you may have a conflict of interest, irrespective of whether or not you
do. This disclosure is to safeguard you, the Appropriate Minister and, ultimately, the Inquiry itself.
You should therefore provide all information in that regard, even if you are unsure whether it
actually establishes a conflict of interest or not.
If in doubt – declare.
Released
Please note even if you have a conflict of interest,
it will not necessarily preclude you from
being appointed. Any such interest would be carefully assessed by the Department. This
1 https://www.oag.govt.nz/2016/reflections/part4.htm
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 2 of 8
pandemic
APPOINTMENT IN-CONFIDENCE
assessment may also involve discussion with you, to ensure that all issues are understood and
considered in an appropriate way.
An essential step once an actual or potential conflict of interest issue has been recognised and
disclosed is to develop a careful and effective management plan. The information you provide
should include full details of any conflict of interest, how it relates to the Inquiry and how you
consider it can be managed best (including any steps you may have taken already to address the
risk).
The Office of the Auditor-General provides helpful and detailed guidance about conflicts of
1982
interest in New Zealand. The OAG Guidance includes a section on managing conflicts (Part 4.4),
as well as a comprehensive list of specific options for mitigating and managing such conflicts.
The Office of the Auditor General has information about conflicts of interest at:
Act
https://www.oag.govt.nz/2007/conflicts-public-entities
You can find advice on managing conflicts of interest here:
https://www.oag.govt.nz/2016/reflections/part4.htm
Disclosure of any other matters (Part 3)
You are requested to disclose any other matters that the Appropriate Minister should be aware
of when considering your appointment. If you are in doubt whether a matter might be relevant or
not, you should provide that information.
Information
The work of the Inquiry is a significant undertaking. It represents an opportunity to investigate and
ultimately make positive changes to the lives of New Zealanders. The trust and confidence of
the New Zealand public will be essential to the Inquiry’s overall success.
The nature of the Inquiry means that actual or perceived connections to the matters under
investigation have a heightened importance. Central to the Inquiry’s success is that the Chair and
members act, and are seen to act, in ways that will ensure the integrity of the Inquiry and its work.
Official
Given the Inquiry’s purpose and the skills and expertise required of members, it is expected that
members will have matters that should be provided in this section. This may include, but not be
the
limited to, any public statements on your position on New Zealand's COVID-19 response, your
connection to any public sector agencies and their international partners. Disclosure of relevant
matters may also include any personal or family members’ connections to individuals involved in
New Zealand’s COVID-19 response.
Please note that there are matters that may make your appointment to the Inquiry undesirable.
under
These include if you are;
• an undischarged bankrupt
• prohibited from being a director or promoter of, or being concerned or taking part in the
management of, an incorporated or unincorporated body under the Companies Act 1993, or
the Securities Act 1978, or the Securities Markets Act 1988, or the Takeovers Act 1993
• a person subject to a property order under the Protection of Personal and Property Rights
Act 1988
Released
• a person in respect of whom a personal order has been made under that Act that reflects
adversely on the person’s –
o competence to manage his or her own affairs in relation to his or her property; or
o capacity to make or to communicate decisions relating to any particular aspect or
aspects of his or her personal care and welfare
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 3 of 8
pandemic
APPOINTMENT IN-CONFIDENCE
• a person who has been convicted of an offence punishable by imprisonment for a term of 2
years or more, or who has been sentenced to imprisonment for any other offence, unless that
person has obtained a pardon, served the sentence, or otherwise suffered the penalty
imposed on the person
• a Member of Parliament (unless the person is elected, rather than appointed, to office as a
member under any Act)
• a person who is disqualified under another Act.
Your completed disclosure form (Part 4)
1982
The Department of Internal Affairs will keep the information you disclose in the
Appointment
Disclosure Form secure. You have the right of access to and correction of all your personal
information under the Privacy Act 1993. Please note that at the conclusion of the appointment
process the Department of Internal Affairs will retain only the disclosure forms completed by the
Act
successful appointees, and will destroy securely all the disclosure forms submitted by
unsuccessful candidates.
Please note that if you do not complete the declaration form your appointment will not be able to
be progressed.
Please return the completed form to:
Anita Balakrishnan, Acting Director Inquiries
The Department of Internal Affairs | Te Tari Taiwhenua
Information
By one of the following methods:
• Email a scanned copy of the signed document as an attachment to:
• [email address]
• Post to PO Box 805, Wellington 6140.
Contact number for queries:
Official
• Anita Balakrishnan, 9(2)(a)
the
under
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 4 of 8
pandemic
APPOINTMENT DISCLOSURE FORM
Before you complete this form, please ensure you have carefully read and considered the
document “Instructions for Completing the Appointment Disclosure Form”.
You may use further pages, if necessary, to provide the information requested in this form.
1. Consent to appointment
1982
I,
Judy Margaret Kavanagh
(full legal name)
Date of birth:
9(2)(a)
Act
consent to being appointed to
Royal Commission of Inquiry into COVID-19
the
Lessons
(name of Inquiry)
as a
Member
(position)
I understand that although I have been nominated for appointment, this is not a guarantee that
Information
I will be appointed.
If you have previously been known by another name, please disclose this below, together with
the date of the change and the reason for the change.
9(2)(a)
Official
the
under
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 5 of 8
pandemic
2. Conflict of Interest
If you have no conflicts at all to declare complete this section
I,
(full legal name)
declare that I
do not have, or am not aware of,
any conflict of interest (whether 1982
actual or perceived, and past, present, or future)) relevant to my potential
appointment as a member of the
Inquiry into New Zealand’s preparedness for a
future pandemic
Act
[If you have ticked this box, please go to Section 3 – Other matters]
OR
If you have a conflict to declare complete this section
I, Judy Margaret KAVANAGH
(full legal name)
Information
declare that I
do, or
may have, the following conflict of interest (whether actual or
perceived, and past, present, or future) in relation to my potential appointment as a
member of the
Inquiry into New Zealand’s preparedness for a future pandemic
Please note below any conflicts of interest (actual or perceived, and past, present,
or future) and explain how you propose to manage, or have managed, these.
Official
I was Dave Heatley’s manager at the time he wrote the Productivity
Commission research paper A cost benefit analysis of 5 extra days at
COVID-19 alert level 4 - Research note 2020/02 | The Treasury New
the
Zealand. I have an ongoing professional relationship and personal
friendship with Dave.
I contributed to Pandemic-economics blog – a blog by Productivity
Commission staff over the course of 2020 to generate ideas and promote
under
debate about policy responses to COVID‑19 (see attached cv).
Like all New Zealanders, I have a “Covid story”. My family’s story was
written up in an article by my daughter in the Spinoff
https://thespinoff.co.nz/society/04-04-2020/a-send-off-in-the-age-of-
social-distancing
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 6 of 8
pandemic
3. Disclosure of other matters relating to appointment
When completing this section please be as open as you can. It is better to raise an issue now
and for it to be considered before your appointment than to leave this section blank and for
matters to be raised at a later date.
3.1 Do you have any other matters to declare that the Department should be aware of, as it
supports the Minister in considering her final appointment proposal to Cabinet?
Candidates are asked to carefully consider this section. Please contact the Department
if you have an issue but are unsure as to whether an issue should be noted in this section.
1982
YES
NO
If yes, please give details:
Act
3.2 Do you have, or have you ever had, a medical condition caused by injury, illness, disability
or any gradual process that may be aggravated by, or affect your ability to carry out, the
tasks expected of a member of the Inquiry?
Information
YES
NO
If yes, please give details
Official
the
3.3
Have you ever been convicted of a criminal offence (including traffic offences)?
For details about whether you are required to declare your convictions (if any) you need to
determine your eligibility under the Criminal Records (Clean Slate) Act 2004, details of which
can be found under https://www.justice.govt.nz/criminal-records/clean-slate/
under
Please note that, if you are not required to disclose your conviction(s), that does not mean
that you were never convicted of any offences, instead it just means for the purpose of this
application you are regarded as, and can state that you are, conviction free.
YES
NO
If yes, please give details (including any penalty imposed) and include any additional
information you consider to be relevant.
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 7 of 8
pandemic
3.4 Are you involved, or likely to be involved, or have you in the past been involved, in any
legal action (including any criminal proceeding) that might be connected to, or have some
bearing on this role?
YES
NO
If yes, please specify the nature of the legal action and possible implications for this role.
1982
Act
4. Authorisation – please read carefully
I, Judy Margaret KAVANAGH
(full legal name)
confirm that the information I have given in this disclosure form is complete, true and correct.
I authorise the Department of Internal Affairs to verify, at any time, the accuracy of the
information I have provided in this disclosure form and my application materials. In addition, I
Information
consent to the Department of Internal Affairs:
• obtaining a copy of any criminal records I may have, held by Police or Ministry of
Justice
• checking my educational or other qualifications with the relevant institutions
• carrying out checks on my financial position, including credit and insolvency history
Official
• making any other necessary enquiries with government agencies or other bodies
relevant to assessing my candidacy
• discussing the details of this application and all information provided with the Minister
the
or Inquiry Chair.
If I am appointed, I agree to promptly declare any actual or potential conflict of interest or
probity issue that arises to the Chair who will decide how the conflict or probity issue can best
be managed. I also agree to abide by any decisions about the management of that conflict or
probity issue. under
I acknowledge that, in the event that a conflict or probity issue cannot be managed, I will inform
the Appropriate Minister and that the Minister may reconsider the suitability of me continuing
to be a member of the Inquiry.
I acknowledge that, in the event I am appointed to the Inquiry, the Department of Internal Affairs
will inform the Chair of any interests and/or issues I have disclosed.
Released
Signature:
9(2)(a)
Date:
4/7/2024
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
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pandemic
Document 14
APPOINTMENT IN-CONFIDENCE
APPOINTMENT DISCLOSURE FORM
INQUIRY MEMBER
Potential members of the
Royal Commission of Inquiry into New Zealand’s preparedness for a
future pandemic (the Inquiry) are requested to complete this
Appointment Disclosure Form so
that all relevant information is recognised and disclosed before an appointment is confirmed.
The Inquiries Act 2013 specifies three types of inquiry: Royal Commission, public inquiry, and
1982
Government inquiry. The three types of inquiry have identical powers, and differ only in status,
how they are established, and the way they report back.
Act
Inquiries are established to inquire into a matter of public importance. There is often heightened
media and political interest in the issue at the centre of an inquiry. All aspects of an inquiry,
including the Terms of Reference and the appointment of the members of the Inquiry, can come
under intense public scrutiny. It is important that the appointment process and the members
appointed to an inquiry are able to withstand that public scrutiny, and uphold the integrity of an
inquiry’s processes and findings.
This
Appointment Disclosure Form is part of the appointment process. Along with ensuring that
members of an inquiry have the requisite skills and expertise, the appointment process also
needs to ensure that any conflicts of interest and other matters are dealt with appropriately.
Information
Potential, actual or perceived conflicts of interest need to be recognised, disclosed and managed
in a detailed, considered, and effective manner to support the credibility and overall success of
an inquiry. The Inquiry must be seen and believed to be fully independent and free from undue
influence. Principles of independence, impartiality and fairness are also required under the
Inquiries Act 2013.
Official
INSTRUCTIONS FOR COMPLETING THE
APPOINTMENT DISCLOSURE FORM
the
Before a person is considered for appointment as a member of the Inquiry, the person should:
• consent in writing to being considered for membership (
Part 1 of the form)
• disclose to the Appropriate Minister the nature and extent (including monetary value, if
quantifiable) of any actual, potential and/or perceived conflict of interest in matters relating to
the Inquiry (
Part 2 of the form)
under
• disclose all other matters that might impact on the Inquiry or would make appointment to the
Inquiry undesirable or unsuitable (
Part 3 of the form)
• authorise the Department of Internal Affairs to check the accuracy of the information provided
(
Part 4 of the form).
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 1 of 8
pandemic
APPOINTMENT IN-CONFIDENCE
Please read this information sheet carefully and complete the form fully.
If in doubt, always err on the side of openness and note that any disclosure will not necessarily
preclude you from being appointed if it is recognised, disclosed and appropriately managed.
Contact Anita Balakrishnan, Acting Director Inquiries, Department of Internal Affairs, if you have
any questions (contact details are on page 4 of this form).
Conflict of Interest (Part 2)
1982
Conflicts of interest arise in a number of settings. The most important thing is to recognise if they
exist (or could exist), disclose them, and consider how they can be managed in an appropriate
way.
Act
A conflict of interest is where:
A member's duties or responsibilities could be affected by some other interest or duty
that the member or official may have.1
There are many different types of conflicts, from financial conflicts of interest to a conflict in
roles or duty. They may also arise in the context of inquiries where a person has worked for,
represented, or has otherwise been connected to another person or organisation affected by
the Inquiry’s terms of reference. In a place like New Zealand, some connections are to be
expected. In every case, it is best to identify the connection and list it.
Information
When considering how to approach actual or perceived conflicts of interest, whether past,
present, or future, the Department relies upon the 2016 guidance provided by the Office of the
Auditor-General (OAG Guidance). The guidance below, about identifying and managing conflicts,
is taken from the OAG Guidance.
Part 4.4 of the OAG Guidance states: “Those in governance roles need to manage their interests
in a way that is transparent and does not compromise the decision that is being made by the
Official
public entity”, and provides three steps that need to be taken:
1. recognising that there is a conflict of interest;
the
2. disclosing the conflict of interest; and
3. managing the risks associated with the conflict of interest.
The Chair and members of the Inquiry will be required to be independent, impartial, and fair while
dealing with highly sensitive issues of significant public interest. The Chair and members have a
key role in upholding the integrity of the Inquiry’s work.
under
You are required to disclose any current or potential conflict of interest you have or may have in
future in any matter relating to the Inquiry. This includes a perceived conflict of interest, i.e., a
situation where others think you may have a conflict of interest, irrespective of whether or not you
do. This disclosure is to safeguard you, the Appropriate Minister and, ultimately, the Inquiry itself.
You should therefore provide all information in that regard, even if you are unsure whether it
actually establishes a conflict of interest or not.
If in doubt – declare.
Released
Please note even if you have a conflict of interest,
it will not necessarily preclude you from
being appointed. Any such interest would be carefully assessed by the Department. This
1 https://www.oag.govt.nz/2016/reflections/part4.htm
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 2 of 8
pandemic
APPOINTMENT IN-CONFIDENCE
assessment may also involve discussion with you, to ensure that all issues are understood and
considered in an appropriate way.
An essential step once an actual or potential conflict of interest issue has been recognised and
disclosed is to develop a careful and effective management plan. The information you provide
should include full details of any conflict of interest, how it relates to the Inquiry and how you
consider it can be managed best (including any steps you may have taken already to address the
risk).
The Office of the Auditor-General provides helpful and detailed guidance about conflicts of
1982
interest in New Zealand. The OAG Guidance includes a section on managing conflicts (Part 4.4),
as well as a comprehensive list of specific options for mitigating and managing such conflicts.
The Office of the Auditor General has information about conflicts of interest at:
Act
https://www.oag.govt.nz/2007/conflicts-public-entities
You can find advice on managing conflicts of interest here:
https://www.oag.govt.nz/2016/reflections/part4.htm
Disclosure of any other matters (Part 3)
You are requested to disclose any other matters that the Appropriate Minister should be aware
of when considering your appointment. If you are in doubt whether a matter might be relevant or
not, you should provide that information.
Information
The work of the Inquiry is a significant undertaking. It represents an opportunity to investigate and
ultimately make positive changes to the lives of New Zealanders. The trust and confidence of
the New Zealand public will be essential to the Inquiry’s overall success.
The nature of the Inquiry means that actual or perceived connections to the matters under
investigation have a heightened importance. Central to the Inquiry’s success is that the Chair and
members act, and are seen to act, in ways that will ensure the integrity of the Inquiry and its work.
Official
Given the Inquiry’s purpose and the skills and expertise required of members, it is expected that
members will have matters that should be provided in this section. This may include, but not be
the
limited to, any public statements on your position on New Zealand's COVID-19 response, your
connection to any public sector agencies and their international partners. Disclosure of relevant
matters may also include any personal or family members’ connections to individuals involved in
New Zealand’s COVID-19 response.
Please note that there are matters that may make your appointment to the Inquiry undesirable.
under
These include if you are;
• an undischarged bankrupt
• prohibited from being a director or promoter of, or being concerned or taking part in the
management of, an incorporated or unincorporated body under the Companies Act 1993, or
the Securities Act 1978, or the Securities Markets Act 1988, or the Takeovers Act 1993
• a person subject to a property order under the Protection of Personal and Property Rights
Act 1988
Released
• a person in respect of whom a personal order has been made under that Act that reflects
adversely on the person’s –
o competence to manage his or her own affairs in relation to his or her property; or
o capacity to make or to communicate decisions relating to any particular aspect or
aspects of his or her personal care and welfare
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 3 of 8
pandemic
APPOINTMENT IN-CONFIDENCE
• a person who has been convicted of an offence punishable by imprisonment for a term of 2
years or more, or who has been sentenced to imprisonment for any other offence, unless that
person has obtained a pardon, served the sentence, or otherwise suffered the penalty
imposed on the person
• a Member of Parliament (unless the person is elected, rather than appointed, to office as a
member under any Act)
• a person who is disqualified under another Act.
Your completed disclosure form (Part 4)
1982
The Department of Internal Affairs will keep the information you disclose in the
Appointment
Disclosure Form secure. You have the right of access to and correction of all your personal
information under the Privacy Act 1993. Please note that at the conclusion of the appointment
process the Department of Internal Affairs will retain only the disclosure forms completed by the
Act
successful appointees, and will destroy securely all the disclosure forms submitted by
unsuccessful candidates.
Please note that if you do not complete the declaration form your appointment will not be able to
be progressed.
Please return the completed form to:
Anita Balakrishnan, Acting Director Inquiries
The Department of Internal Affairs | Te Tari Taiwhenua
Information
By one of the following methods:
• Email a scanned copy of the signed document as an attachment to:
• [email address]
• Post to PO Box 805, Wellington 6140.
Contact number for queries:
Official
• Anita Balakrishnan, 9(2)(a)
the
under
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 4 of 8
pandemic
APPOINTMENT DISCLOSURE FORM
Before you complete this form, please ensure you have carefully read and considered the
document “Instructions for Completing the Appointment Disclosure Form”.
You may use further pages, if necessary, to provide the information requested in this form.
1. Consent to appointment
1982
I,
Grant Maxwell ILLINGWORTH
(full legal name)
Date of birth:
9(2)(a)
Act
consent to being appointed to
Royal Commission of Inquiry into COVID-19
the
Lessons
(name of Inquiry)
as a
Member
(position)
I understand that although I have been nominated for appointment, this is not a guarantee that
Information
I will be appointed.
If you have previously been known by another name, please disclose this below, together with
the date of the change and the reason for the change.
Name
Official
the
Date of Change
Reason for Change
under
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 5 of 8
pandemic
2. Conflict of Interest
If you have no conflicts at all to declare complete this section
🗹
I ,Grant Maxwell ILLINGWORTH
(full legal name)
1982
declare that I
do not have, or am not aware of,
any conflict of interest (whether
actual or perceived, and past, present, or future)) relevant to my potential
appointment as a member of the
Inquiry into New Zealand’s preparedness for a
Act
future pandemic
[If you have ticked this box, please go to Section 3 – Other matters]
OR
If you have a conflict to declare complete this section
I,
Information
(full legal name)
declare that I
do, or
may have, the following conflict of interest (whether actual or
perceived, and past, present, or future) in relation to my potential appointment as a
member of the
Inquiry into New Zealand’s preparedness for a future pandemic
Please note below any conflicts of interest (actual or perceived, and past, present,
Official
or future) and explain how you propose to manage, or have managed, these.
the
under
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 6 of 8
pandemic
3. Disclosure of other matters relating to appointment
When completing this section please be as open as you can. It is better to raise an issue now
and for it to be considered before your appointment than to leave this section blank and for
matters to be raised at a later date.
3.1 Do you have any other matters to declare that the Department should be aware of, as it
supports the Minister in considering her final appointment proposal to Cabinet?
Candidates are asked to carefully consider this section. Please contact the Department
if you have an issue but are unsure as to whether an issue should be noted in this section.
1982
YES 🗹
NO
If yes, please give details:
Act
I wrote an article that was published in the NZ Herald on 31 March 2020 which expresses
some personal views on observance of the rule of law during the Covid emergency. The
article can be accessed at:
https://www.nzherald.co.nz/nz/covid-19-coronavirus-grant-illingworth-the-need-for-legal-
clarity-in-a-pandemic-world/GWIJU6NY6A2JGZOU66WTZPMN6Y/
3.2 Do you have, or have you ever had, a medical condition caused by injury, illness, disability
or any gradual process that may be aggravated by, or affect your ability to carry out, the
tasks expected of a member of the Inquiry?
Information
YES 🗹
NO
If yes, please give details
9(2)(a)
Official
the
3.3
Have you ever been convicted of a criminal offence (including traffic offences)?
For details about whether you are required to declare your convictions (if any) you need to
determine your eligibility under the Criminal Records (Clean Slate) Act 2004, details of which
can be found under https://www.justice.govt.nz/criminal-records/clean-slate/
under
Please note that, if you are not required to disclose your conviction(s), that does not mean
that you were never convicted of any offences, instead it just means for the purpose of this
application you are regarded as, and can state that you are, conviction free.
YES
NO 🗹
If yes, please give details (including any penalty imposed) and include any additional
information you consider to be relevant.
Released
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 7 of 8
pandemic
3.4 Are you involved, or likely to be involved, or have you in the past been involved, in any
legal action (including any criminal proceeding) that might be connected to, or have some
bearing on this role?
YES 🗹
NO
If yes, please specify the nature of the legal action and possible implications for this role.
18(c)(i)
1982
4. Authorisation – please read carefully
Act
I, Grant Maxwell ILLINGWORTH
(full legal name)
confirm that the information I have given in this disclosure form is complete, true and correct.
I authorise the Department of Internal Affairs to verify, at any time, the accuracy of the
information I have provided in this disclosure form and my application materials. In addition, I
consent to the Department of Internal Affairs:
Information
• obtaining a copy of any criminal records I may have, held by Police or Ministry of
Justice
• checking my educational or other qualifications with the relevant institutions
• carrying out checks on my financial position, including credit and insolvency history
• making any other necessary enquiries with government agencies or other bodies
Official
relevant to assessing my candidacy
• discussing the details of this application and all information provided with the Minister
or Inquiry Chair.
the
If I am appointed, I agree to promptly declare any actual or potential conflict of interest or
probity issue that arises to the Chair who will decide how the conflict or probity issue can best
be managed. I also agree to abide by any decisions about the management of that conflict or
probity issue.
under
I acknowledge that, in the event that a conflict or probity issue cannot be managed, I will inform
the Appropriate Minister and that the Minister may reconsider the suitability of me continuing
to be a member of the Inquiry.
I acknowledge that, in the event I am appointed to the Inquiry, the Department of Internal Affairs
will inform the Chair of any interests and/or issues I have disclosed.
9(2)(a)
Signature:
Released
Date:
24 June 2024
Disclosure for appointment to the Inquiry into New Zealand’s preparedness for a future
Page 8 of 8
pandemic
