David Lillis: More on the Census Data Issue

Background

In early June of 2024 the New Zealand media reported allegations relating to misuse of 2023 New Zealand Census data by staff of the Manurewa Marae (e.g. Stuff, 2024). It was claimed that confidential information had been appropriated, copied and used to influence voting in the 2023 General Election. Further claims were made in relation to inducements to complete Census forms and register on the Māori electoral roll. 

Thus we heard that Census information may have been used in the political campaign of a particular person and subsequently that person was narrowly elected to parliament. 

We heard that both Statistics New Zealand and the Ministry of Social Development were aware of the claims but did not respond. Whistleblowers claimed that hundreds of Census forms had been photocopied and retained by Marae staff and that personal information had been entered on a database and provided to the Waipareira Trust, headed by Te Pāti Māori President, John Tamihere. The information may then have been used to influence voters in the Tāmaki Makaurau electorate, where the Te Pāti Māori candidate won by only 42 votes.   

The alleged misconduct raised questions about the will of the responsible government agencies to guard the integrity of the Population Census, the commissioning of social work and general election processes (Wilkinson, 2024).   

On 16 December the New Zealand Herald provided an update on the allegations (Ensor, 2024) and, apparently, the public will not hear of the findings of the investigation until the end of January at the earliest. However, the findings are expected to impact on all of the public service, and some matters relating to the investigation will require referral to other authorities for further consideration (Ensor, 2024).

Innocent Until Proven Guilty

Until then, all is hearsay as far as the general public is concerned. If it turns out that no misdemeanor has been committed, then if we prejudge we may hurt various people unjustly, especially those who are associated with the Marae, and damaged unfairly the reputation of a political party in the absence of due process.

However, it is particularly worrying to hear that the Ministry of Social Development may be implicated in some way; if not actively, then at least by turning the other way and by ignoring disclosures. But again, we should refrain from judgement until the investigation has been concluded. 

Making the Details Public

Andrea Vance's initial Sunday Star Times front-page (and pages 2 - 5) exposé of the Manurewa Marae issue was published on 2 June (Vance, 2024). Originally, it took six (now eight!) whistleblowers, one ethical journalist (Andrea Vance and her brave editor), and one knowledgeable ex public servant (Allan Halse), a whistleblower himself. Mr. Halse served as the intermediary with investigators from the Privacy Commissioner, Statistics New Zealand, and the Prime Minister-appointed King’s Counsel, Michael Heron, on behalf of the Public Service Commission. This appointment is unprecedented for a whistleblower case in New Zealand.

The Deputy Public Service Commissioner, Heather Baggott, says that careful consideration of the findings is needed and that it will take time to work through (Ensor, 2024). She says that the inquiry is complex, involving six agencies, third-party providers and findings that will impact on all of the public service.

Apparently, some matters will require referral to other authorities for further consideration and will require a thorough response. The Commission intends to release both the findings and its response at the end of January (Ensor, 2024).

We agree with the Deputy Public Service Commissioner that the protection of personal information is paramount, and it is very important that New Zealand gets the response right.

The findings of the three investigations may have encouraged the Police to dig deeper. Most of the initial information was already in the public arena, but Mr. Halse presented the original completed Census forms that were still being held by Manurewa Marae.

Commentary from Allan Halse

Mr. Halse, who is representing seven former staff of Manurewa Marae, has given a nine-minute interview on Newstalk ZB (Halse, 2024). His interview with Mike Hosking on NewsTalk ZB was published on 6 June. Mr. Halse appeared on TV1 and TV3 News that same week and was interviewed by Radio NZ, Leah Panapa on The Platform (link below) and other media outlets.

https://www.facebook.com/share/v/1FFWWXsuf7/?mibextid=jmPrMh

The investigations that took place subsequently factored in his concerns about the possibility of sham investigations, but the actual investigations have been comprehensive and, Mr. Halse believes, ethical and fair.

Possibly, robust investigations would not have taken place but for Mr. Halse’s comments on the Mike Hosking show. Some of his commentary has been transcribed by Newstalk and is summarized here.

Mr. Halse said that Police are investigating criminal allegations relating to possible breaches of the Public Records Act 2005 and the Privacy Act 2020, and “Treating” - a breach of section 217 of the Electoral Act 1993. The Act says that:

Every person commits the offence of treating who corruptly, by himself or herself or by any other person on his or her behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or for any person -

(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(b) for the purpose of procuring himself or herself to be elected; or

(c) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

Mr. Halse said that, of the seven former employees involved, six were employed by the Marae (via Whanau Ora) and one by the Ministry of Social Development. He said:

“I see the villains here as the public service - MSD. I can tell you that our whistleblower who worked at MSD - she used the Protected Disclosure Act. She declared her concerns at every single stage. She would phone up her manager and say ‘This is happening at the Marae, and this is happening at the Marae’. She did that continuously, until a complaint went from the Marae to MSD, and she was removed from the site, with no explanation, no investigation, and has basically been vilified. And because she can’t trust then, she hasn’t returned to work. Our client and I have tried to meet with the Chief Executive of MSD. They won’t meet.”

Mr. Halse made claims about MSD resources being used for electioneering. His concern is about MSD-funded activities and that they funded the election campaign run by the former Chief Executive of the Manurewa Marae. The Marae may have campaigned for the Chief Executive over the entire time that she ran for election. He said that MSD funded that work and a lot of the money, intended for people on benefits, never got there because it was used in this way. Mr. Halse sees MSD as needing to be investigated.

The Statistics New Zealand Inquiry

Mr. Halse was very critical of the inquiry that Statistics New Zealand launched this week. He said that already Statistics New Zealand has done what the public service so often does - they appoint a tame investigator and they set terms of reference and a scope that does not allow the majority of evidence to be heard. Statistics New Zealand has not contacted him or any of his clients. He said:

“I could tell them the scope; I could tell them the extent of what’s going on. So at some point they are going to come out with something that will maybe look at a quarter of what has happened.”

Mr. Halse said that the fact that separate inquiries and checks are being made within individual government agencies seems wholly inadequate. Mr. Halse calls for a more independent and over-arching process:

“Now, what we’re not happy with is these investigations taking place in silos. So there needs to be a Police investigation, so we’re really happy with how that’s working out… The other thing that needs to happen – there has to be an investigation into the role of the public service. So that includes MSD, Stats New Zealand, and the Electoral Commission. It’s our belief that investigation needs to be conducted by somebody that doesn’t owe allegiance to the public service.”

Statistics New Zealand and the Electoral Commission

Mr. Halse is also very critical of Statistics New Zealand and the Electoral Commission, who he says failed to act when they had received complaints early on.

Mr. Halse pointed out that he has a good understanding of those agencies and their operations, having twice been a District Census Supervisor, and five times a Returning Officer for general elections. He should understand how they are meant to be done.

Regarding the Electoral Commission, Mr. Halse claims that the first day on which voting took place at Manurewa Marae, various complaints went to the Electoral Commission but apparently no action was taken.

Epilogue

Elsewhere in Breaking Views I have commented extensively on workplace bullying and a decline in capability within our government departments and ministries (e.g. Lillis, 2024). Do we also have a problem with integrity?

Time for a thorough review of our public service?

Dr David Lillis trained in physics and mathematics at Victoria University and Curtin University in Perth, working as a teacher, researcher, statistician and lecturer for most of his career. He has published many articles and scientific papers, as well as a book on graphing and statistics.

References

Ensor, Jamie (2024). Manurewa marae allegations: Findings secret until next year, matters ‘require referral to other authorities’ 
https://www.nzherald.co.nz/nz/politics/manurewa-marae-allegations-findings-secret-until-next-year-matters-require-referral-to-other-authorities/36KRT2FP3JC7PDD4B47R5GH7G4/

Halse, Allan (2024) 
alse (2024)Hahttps://www.newstalkzb.co.nz/on-air/mike-hosking-breakfast/audio/allan-hulse-employment-advocate-on-the-impact-of-the-te-p%C4%81ti-m%C4%81ori-allegations/

Lillis, David (2024).Exposing Workplace Bullying in New Zealand - Part 2 
https://breakingviewsnz.blogspot.com/2024/02/david-alexander-lillis-exposing_22.html

Stuff (2024). Claims Manurewa Marae misused Census data to help Te Pāti Māori probed by Stats NZ 
https://www.stuff.co.nz/politics/350458100/claims-manurewa-marae-misused-census-data-to-help-te-p-ti-m-ori-probed-by-stats-nz

Vance, Andrea (2024). Stats NZ investigating potential misuse of Māori census data 
https://www.thepost.co.nz/politics/350293431/stats-nz-investigating-potential-misuse-maori-census-data

Wilkinson, Bryce (2024). Public inquiry needed on the Manurewa Marae allegations 
https://www.nzinitiative.org.nz/reports-and-media/opinion/public-inquiry-needed-on-the-manurewa-marae-allegations/