PM ‘monitoring closely’ investigations into census allegations

Thursday, 6 June 2024

Prime Minister Christopher Luxon has not ruled out an inquiry, regarding the alleged misuse of census data by Auckland’s Manurewa Marae to help Te Pāti Māori's election campaign.

He was responding to questions in Fiji this afternoon, after the Taxpayers’ Union also called on the Privacy Commissioner to investigate.

Stats NZ, the official data agency, last week launched an investigation into the allegations, which are that census forms collected by Manurewa Marae were used to help Te Pāti Māori's election campaign.

The party’s president, John Tamihere, has “unequivocally” denied this.

On Wednesday The Post revealed the Labour Party also made a complaint to the Electoral Commission in November about the alleged misuse of cellphone numbers collected to communicate with Auckland Māori about the pandemic immunisation programme.

Almost eight months ago, the commission referred a complaint to police about a potential breach of electoral law, relating to text messages which did not carry an authorisation statement.

Police have now confirmed they are “making inquiries” into matters relating to Te Pāti Māori after a series of questions over two days. But they said in a statement they were ”not in a position to provide any further detail.

On Thursday, Luxon - who yesterday said he didn’t want to comment while investigations were under way - added in response to questions about whether the matter required a ministerial inquiry: “As I said, they’re pretty serious allegations and it’s important there is a comprehensive investigation. I’m not going to say too much more.

“At the moment there is an investigation going on, we’ll let that run its course, we’ll give some thought to whether there’s anything further that’s needed. We haven’t got a position on that. We’ll continue to monitor it pretty closely.”

The Electoral Commission did not alert the Ministry of Health, Te Whatu Ora, Ministry for Social Development nor the Office of the Privacy Commissioner about Labour’s allegations about a misuse of data.

In a statement, MSD Auckland regional commissioner Dan Brunt confirmed it was not contacted by the Electoral Commission.

“We would be concerned if information was being used for a different purpose than what it was collected for,” he said. “We are not aware of any MSD client information being used improperly.”

Labour had raised concerns that the four-digit ‘short code’ used for Te Pāti Māori text messages was the same as that used by the Waipareira Trust to send out Covid-19 vaccination messages. The trust is also headed by Tamihere.

None of these agencies have opened an investigation.

Stats NZ confirmed it has hired former State Services Deputy Commissioner Doug Craig, now of the RDC Group, to lead its inquiry.

Chief executive Mark Sowden said the agency was taking the allegations very seriously and his findings would be shared with police “who are also investigating”

But Taxpayers’ Union spokesman Jordan Williams said the Privacy Commissioner, Michael Webster, should launch his own inquiry.

Media reports suggested various agencies were told of the allegations but failed to act prior to the matters becoming public in the Sunday Star-Times, he said.

“When part of the allegations are that Government agencies failed to act despite being tipped off by whistleblowers, it is not appropriate for the agencies to be managing the investigations.

“Earlier this week, Stats NZ announced that it has commissioned an external investigator to look into whether Census data has been misused … without the ability to compel witnesses, or require third parties to provide information, it will be hopeless.

“That’s why it is most appropriate for the Privacy Commissioner to lead this. He has the power to summons witnesses, examine under oath, and require the production of information and documents.”

In a press release, Te Pāti Māori said the allegations were “baseless and simply untrue” and welcomed the Stats NZ investigation.

Political leaders and ministers sidestepped calling for a full inquiry. However The Post understands discussions are being held at a government and senior public service level about whether the auditor-general should be asked to investigate.

Labour leader Chris Hipkins said the allegations were “pretty serious” but stopped short of pushing for an inquiry.

His MP, Peeni Henare, lost the Tāmaki Makaurau seat to Te Pāti Māori’s Takutai Moana Natasha Kemp by just 42 votes in October. At the time, Kemp was Manurewa Marae’s chief executive.

“If there was any improper behaviour and improper conduct, then it is important that we find out what happened there,” he said.

Prime Minister Christopher Luxon said: “They're pretty concerning allegations and serious allegations. It's right that there's an investigation underway, as I understand it. Obviously, it would be inappropriate for me to comment while that investigation is underway.”

ACT leader David Seymour said: “The chief statistician has the statutory responsibility for the use and custody of records in relation to a census.

“They are making that investigation and inquiry. I think, depending on what they find, it may be right for a ministerial or some other kind of official inquiry.”