A spokesperson for the Prime Minister said this doesn’t meet the standards expected of staff in the Beehive.
Photo: RNZ / Samuel Rillstone
The Prime Minister says the use of a personal email address in receiving a lobbying document is “unacceptable” and undermines public trust and transparency.
It’s been revealed the briefing document handed to a former staffer regarding a climate activist’s case against major emitters was also sent by Fonterra to the staffer’s private email account.
Christopher Luxon says he’s taking it “very seriously”, but Labour leader Chris Hipkins says it “stinks to high heaven”.
Speaking to reporters on Tuesday afternoon, Luxon said it “has definitely not met the high standard that I have of staffers in the Beehive”.
“Having people transact and communicate through their private email doesn’t help build transparency or public trust.”
He said engagement with community and business leaders was really important, but transparency and trust needed to be maintained through that process.
“It hasn’t in this instance,” he said.
A spokesperson for the prime minister said this doesn’t meet the standards expected of staff in the Beehive and “we are treating it with the seriousness it deserves”.
RNZ reported last month that a previously undisclosed briefing document had been provided to the prime minister’s office by Fonterra and Z Energy regarding climate activist Mike Smith’s case against those companies and other major emitters.
At the time, a spokesperson for the prime minister said his office was made aware of these meetings and briefing notes through the media, “and have no record of either on file”.
It was later revealed the staffer who received the document – that made suggestions for a potential law change – was a senior adviser in the Prime Minister’s Office, chief policy adviser Matt Burgess.
Following the latest revelation, the Department of Internal Affairs was now conducting a review of the former staff member’s IT account to “ensure there are no further documents or meetings relating to the Smith v Fonterra case that should be released.”
A separate investigation is being conducted by the Ombudsman into the issue.
DIA would also work with the individual to identify whether there are any other work-related documents on their private email that should be on the public record, a spokesperson for the Prime Minister said.
The spokesperson also indicated the former staff member had given an assurance there were no other emails relating to the Smith v Fonterra case on their private email.
“Using private email to share official information undermines transparency and public trust,” the spokesperson said.
“It remains appropriate for interested parties to talk to Ministers and their staff on policy matters, but it is imperative that information is appropriately recorded and transparent. That did not happen here.
Mike Smith.
Photo: Johnny Blades / VNP
“The individual concerned has not worked in the Prime Minister’s Office since October last year and has not worked at Parliament since January,” the spokesperson confirmed.
‘This stinks to high heaven’
Labour Leader Chris Hipkins said the more new information that came to light, the more it looked like a “deliberate ploy by the Prime Ministers office to hide the extend of industry lobbying and influence.
“Christopher Luxon’s government have agreed to change the law in a way that will clearly benefit large corporations like the petrol companies to the detriment of our environment.
“This stinks to high heaven,” he said.
“What else are the Prime Minister and his office hiding from the New Zealand public?”
In response to Hipkins, Luxon said the opposition leader may want to play politics on the issue, but “I want to make sure we’ve got robustness and rigourousness in our processes.”
‘No one should be above the law’
Mike Smith, who had taken the case against the major emitters, told RNZ Luxon still hadn’t fronted up on his level of knowledge surrounding the lobbying.
“This is about what he knew, when he knew it, and why his Government went ahead with a law that benefits the biggest polluters in an active case, about the harm they are causing to our whenua and community.
“No one should be above the law.”
The Environmental Law Initiative’s Matt Hall, who complained to the Ombudsman over “apparent withholding” of information, told RNZ it was “implausible” the Prime Minister wouldn’t have known and there are still questions that remain unanswered.
“There are few people closer to the Prime Minister than the Prime Minister’s Chief Policy Advisor. It’s implausible that the PM wouldn’t have known.
“There’s obviously more to this story. Was he directed to use his private email? This is one of the most senior staffers in the Beehive, in the Prime Minister’s trusted inner-circle.”
Luxon explained on Tuesday afternoon the latest revelation came to light over the weekend, with Fonterra making his office aware of the emailed document on Friday.
PMO has indicated throughout it had no record of the file or meetings between the companies and the staffer.
Luxon said there was no evidence of widespread issues amongst staffers, but it was important to take this case seriously.
“We want those interactions to be recorded, we want those documents to be available.”
There was no reason for people to use a private email account, and particularly on this issue, Luxon emphasised.
He said the law change wasn’t a “surprise”, because the government felt strongly that climate change frameworks were a responsibility of the state.
“There was a number of Ministers in our cabinet that had pretty strong views about it going in.
“On the merits of the case, we’re very confident with the action that we took.”
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