Proactive release of information about management of ministerial conflicts of interest#
1 May 2024 – 31 December 2024#
1 The table below is a summary of certain actions taken by Ministers to manage actual or potential conflicts of interest during the period 1 May to 31 December 2024. It includes transfers of responsibility to other Ministers and standing arrangements not to receive Cabinet papers. Other steps for managing conflicts of interest set out at paragraph 2.76 of the Cabinet Manual (such as declarations of interest, and ad hoc or short-term arrangements not to receive papers) are not included.
2 The Office of the Ombudsman has reviewed this summary and confirmed that it is consistent with the more detailed record held by the Cabinet Office.
3 The actions listed in the table are standing arrangements and may cover multiple instances when responsibility was exercised by another Minister or papers were not received. It is also possible that there have been no such instances because the particular issue has not arisen in practice.
4 The nature of each actual or potential conflict of interest is usually described using the following categories:
- Pecuniary: relating to a Minister’s personal financial interests such as assets, debts and gifts;
- Personal: relating to a Minister’s non-financial personal interests, such as family, whānau or close associates, former employment and business activities, and (in certain limited circumstances) current and past involvement with specific organisations;
- Portfolio: relating to different aspects of a Minister’s official responsibilities;
- Constituency: relating to a Minister’s role as a Member of Parliament.
5 The following actions commonly occur as a consequence of a transfer:
(1) officials report directly to the transferee in relation to the specified matter(s);
(2) any information relating to the specified matter(s) received by the transferor’s office is referred to the transferee;
(3) the transferor does not receive Cabinet papers or other official papers or reports on the specified matter(s); and
(4) if the specified matter(s) is/are discussed at Cabinet (or other relevant meetings), the transferor will declare his/her interest and withdraw from the meeting (or seek the agreement of colleagues to continue to take part).
6 These actions are referred to below as “action (1)”, “action (2)” etc.
7 A proactive release of information about the management of ministerial conflicts of interest (covering transfers of responsibility and arrangements not to receive papers) was agreed by the then Prime Minister and the former Chief Ombudsman in 2012. The release is intended to provide public assurance that systems are in place to manage conflicts of interest effectively, while protecting the privacy of individuals, the confidentiality of Cabinet discussions, and the confidentiality of correspondence between the Cabinet Office and the Prime Minister and other Ministers about actual or potential conflicts of interest.
8 The annual release previously occurred in the last quarter of each calendar year. Following the change of government in 2023 and the appointment of new Ministers, we published an additional release disclosing information for the period 27 November 2023 to 30 April 2024.
9 The Prime Minister has agreed that the Cabinet Office should move to a six-monthly proactive release, in the interests of transparency. We are now implementing that arrangement from the 2024 year on, for the period ending 31 December 2024, and expect to publish another proactive release by the end of September 2025 for the period 1 January 2025 to 30 June 2025.
10 Further information on the management of ministerial conflicts of interest is set out at paragraphs 2.59-2.83 of the Cabinet Manual 2023, (available at www.dpmc.govt.nz/cabinet-manual) and at www.dpmc.govt.nz/our-business-units/cabinet-office/ministers-and-their-portfolios/ministers-interests.
| Minister | Matter at issue | Nature of conflict | Action taken |
|---|---|---|---|
| Hon Bayly | Potential conflict between responsibilities as Minister of Commerce and Consumer Affairs and a pecuniary interest of a family member in respect of default KiwiSaver provider BNZ Investment Services Ltd’s change of control from National Australia Bank to FirstCape (the transaction). | Personal | Responsibilities as Minister of Commerce and Consumer Affairs in respect of the transaction transferred to Hon Watts on 7 May 2024. Actions (1), (2), (3) and (4) put in place. |
| Hon Goldsmith | Potential conflict between responsibilities as Minister for State Owned Enterprises (where the Minister for SOEs is a Crown shareholder in New Zealand Post Limited), and as Minister for Media and Communications (responsible for policy and other decisions that impact the postal services market). | Portfolio | Responsibilities, as Minister for State Owned Enterprises, as a Crown shareholder in New Zealand Post Limited transferred to Hon Bishop on 20 May 2024. Actions (1) and (2) put in place. Note: This transfer ceased to have effect when Hon Goldsmith no longer held the SOE portfolio. |
| Hon McClay | Potential conflict unrelated to portfolio responsibilities. | Personal | Hon McClay will not receive papers or participate in certain decisions. |
| Hon Bishop | Potential conflict regarding Wellington International Airport Ltd, unrelated to portfolio responsibilities. | Personal | Hon Bishop will not receive papers or participate in certain decisions relating to Wellington International Airport Ltd, effective 23 May 2024. |
| Hon Watts | Potential conflict between responsibilities as Minister of Revenue and a personal interest. | Personal | Responsibilities as Minister of Revenue in respect of tax legislative changes to QROPS transferred to Hon Willis on 24 June 2024. Actions (1), (2), (3) and (4) put in place. Actions modified in relation to the legislation’s progression in the House on 27 August 2024. |
| Hon Patterson | Potential conflict between government decisions in relation to the pricing or other settings of Emissions Trading Scheme (ETS) units and a pecuniary interest of Hon Patterson. (The Minister of Climate Change is responsible for decisions on ETS units.) | Pecuniary | Hon Patterson will not receive papers or participate in certain decisions regarding the pricing or other settings of Emissions Trading Scheme (ETS) units, effective 14 August 2024. |
| Hon Jones | Potential conflict between ministerial responsibilities as Minister of Regional Development, to decide on which mining, quarrying and aquaculture and farming projects are to be included in the schedule to the Fast-track Approvals Bill and interests in the following projects:
| Personal and pecuniary | Responsibilities as Minister of Regional Development to decide on which mining, quarrying and aquaculture and farming projects are to be included in the schedule to the Fast-track Approvals Bill transferred to Hon Potaka on 4 September 2024. Actions (1), (2), (3) and (4) put in place. |
| Hon Bishop | Potential conflict between ministerial responsibilities as Minister for Infrastructure, to decide on which housing and land development projects are to be included in the schedule to the Fast-track Approvals Bill and an association interest, having previously made public comment about Winton Land Limited’s Sunfield development in Auckland. | Association | Responsibilities as Minister for Infrastructure to decide on which housing and land development projects are to be included in the schedule to the Fast-track Approvals Bill transferred to Hon Brown on 18 September 2024. Actions (1), (2), (3) and (4) put in place. |
| Hon Chhour | Potential conflict between ministerial responsibilities as Minister for Children and Minister for Prevention of Family and Sexual Violence for matters relating to the redress system for survivors of abuse in State and faith-based care (Redress System) and a personal and pecuniary interest. | Pecuniary and personal | Responsibilities as Minister for Children and for Prevention of Family and Sexual Violence for matters relating to the Redress System transferred to Hon Upston on 31 October 2024. Actions (1), (2), (3) and (4) put in place. |