9 October 2025
Our Ref: C64780
By email: [FYI request #32325 email]
Tēnā koe T Miller,
Official Information Act 1982 (OIA) Request
Thank you for your request made via email to the Public Service Commission on 16 September
2025 which was transferred in part to the Real Estate Authority on 22 September 2025. Your
email requested the following:
“I note over the last year four CEOs have had their terms extended, without any public
information about the process undertaken, and in almost all cases without any public
notification of the extensions. This includes the CEOs of: Broadcasting Commission | NZ
on Air; Fire and Emergency; Real Estate Authority; and NZ Qualifications Authority.
I would further like to request a summary from the Boards of these four entities
outlining:
- the process undertaken to determine to reappoint the CEOs;
- the factors taken into account in making that decision, including whether ongoing
suitability was assessed;
- whether any external advice, or feedback, was sought to support the decision.
This includes, but is not limited to, whether stakeholder feedback was sought
(including from staff); and
- how, if at all, the reappointment was communicated to staff, stakeholders, and
the public.
Information being released
The Real Estate Authority (REA) is a Crown Entity governed by an independent Board
appointed by the responsible Minister. The role and accountability of the Board are established
under the powers provided by the Crown Entities Act 2024 (The Act) and Real Estate Authority
Act 2008. The Act states:
117 Employment of chief executive
(1) A chief executive of a statutory entity is appointed for a term of not more than 5
years, but may be reappointed.
(2) The terms and conditions of employment of a chief executive of a statutory entity
appointed by its board must be determined by agreement between the board and the
chief executive.
(2A) However, the board must obtain the written consent of the Public Service
Commissioner before—
(a) finalising the terms and conditions; or
(b) amending any or all of the terms and conditions once they have been
finalised
The internal process for appointing the Chief Executive is detailed in the REA Board Handbook
and reflects the relevant sections of the Act. As per the Handbook, the People and Capability
Committee (the “Committee”), consisting of members of the Board, may be engaged to
provide recommendations on the reappointment of the Chief Executive for the approval of the
Board.
The matter of the existing Chief Executive’s reappointment to the role was raised by the Board
in December 2024. Advice was provided by the Public Service Commission (PSC) in relation
to the Public Service Commissioner’s role, timing of the process, employment duration,
remuneration and the recommended individual employment agreement template. Advice on
the assessment of a CEO’s suitability for reappointment and public disclosure of any such
decision is outside the scope of the PSC. PSC advised that the decision to reappoint rests with
the REA board.
The Board indicated to the Chief Executive its desire to reappoint the Chief Executive in
December 2024. The Chief Executive indicated her willingness to accept reappointment for a
3 year term. The Committee’s recommendation to reappoint the Chief Executive for a further
3 years was approved by the Board in March 2025.
Factors taken into consideration when assessing the Chief Executive’s suitability for
reappointment included, but were not limited to, the Chief Executive’s previous performance
(which is assessed annually), the performance of the organisation under her leadership
including REA’s achievement of its strategic priorities, her management of organisational risks
and issues, delivery of positive outcomes for stakeholders, staff engagement results, and
working relationship with the Board. Feedback from internal and external stakeholders as
outlined in REA’s published Statement of Intent (SOI) and Statement of Performance
Expectations (SPE) reporting documents informed the results for some of these factors. The
Board did not seek any further external advice.
The terms and conditions of employment were modelled on terms and conditions proposed by
PSC and agreed between the Board and the Chief Executive. The Public Service
Commissioner’s written consent of the final terms and conditions was provided in July 2025.
The appointment of the Chief Executive took effect in September 2025. The reappointment of
the Chief Executive was communicated to staff in September and is due to be communicated
to external stakeholders in October in a scheduled REA Pānui.
Right of review
You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at www.ombudsman.parliament.nz
or freephone 0800 802 602.
Nāku iti noa, nā
Denese Bates, KC
Board Chair
Real Estate Authority
