Printed from https://fyi.org.nz/request/34326-official-information-act-request-legal-costs-regarding-psa-flexible-working-policy-litigation on April 17, 2026 02:44

Official Information Act Request: Legal costs regarding PSA flexible working policy litigation

George Watt made this Official Information request to Ministry of Business, Innovation & Employment

Currently waiting for a response from Ministry of Business, Innovation & Employment, they must respond promptly and normally no later than (details and exceptions).

From: George Watt

Dear Ministry of Business, Innovation & Employment,

To Whom It May Concern,

I am writing to request information under the Official Information Act 1982 (OIA) regarding the recent legal action instigated by the Ministry of Business, Innovation and Employment (MBIE) against the Public Service Association (PSA) concerning its flexible working policy.

It is my understanding that MBIE withdrew this case approximately two days before the ERA proceedings were scheduled to commence. Given the significant expenditure of public resources involved in preparing for such litigation, I am requesting a detailed breakdown of the following:
External Legal Fees: All costs paid to external law firms, counsel, or legal consultants in relation to this specific case.
Internal Costs: An estimate of the total hours and associated costs of internal MBIE legal staff and management dedicated to this litigation.
Court and Administrative Fees: Any filing fees or miscellaneous costs incurred during the process.
Settlement or Withdrawal Costs: Any costs or disbursements paid to the PSA or other parties as a result of the decision to withdraw the case.
As this matter involves the expenditure of public funds on a legal challenge that did not proceed to a hearing, there is a strong public interest in transparency regarding how these taxpayer dollars were managed.

I prefer to receive this information in an electronic format. If any part of this request is denied, please provide the specific justification for the refusal under the Act.

I look forward to your response within the statutory 20-working-day timeframe.

Nga mihi

George Watt

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From: Ministerials
Ministry of Business, Innovation & Employment

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Kia ora George Watt,
 
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 1/04/2026 requesting, under the Official
Information Act 1982, the following:
 
I am writing to request information under the Official Information Act
1982 (OIA) regarding the recent legal action instigated by the Ministry of
Business, Innovation and Employment (MBIE) against the Public Service
Association (PSA) concerning its flexible working policy.

It is my understanding that MBIE withdrew this case approximately two days
before the ERA proceedings were scheduled to commence. Given the
significant expenditure of public resources involved in preparing for such
litigation, I am requesting a detailed breakdown of the following:
External Legal Fees: All costs paid to external law firms, counsel, or
legal consultants in relation to this specific case.
Internal Costs: An estimate of the total hours and associated costs of
internal MBIE legal staff and management dedicated to this litigation.
Court and Administrative Fees: Any filing fees or miscellaneous costs
incurred during the process.
Settlement or Withdrawal Costs: Any costs or disbursements paid to the PSA
or other parties as a result of the decision to withdraw the case.
As this matter involves the expenditure of public funds on a legal
challenge that did not proceed to a hearing, there is a strong public
interest in transparency regarding how these taxpayer dollars were
managed.
 
We will endeavour to respond to your request as soon as possible, and no
later than 4/05/2026, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe. If you have any enquiries
regarding your request feel free to contact us via email to
[1][MBIE request email].
 
Nāku noa, nā
Ministerial Services
Strategy and Assurance
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

References

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1. mailto:[MBIE request email]

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