Manurewa Marae inquiry: Whistleblowers vindicated

Wednesday, 19 February 2025

An inquiry has uncovered significant gaps in how government agencies handle and protect personal data. The report reveals missing safeguards and inadequate oversight, with steps being taken to address the issues and restore public trust.

Two damning inquiries into the alleged misuse of census and immunisation data for political campaigning have called into question “the integrity of our democratic process,” the head of the public service Sir Brian Roche has said.

The Police, the Privacy Commissioner Michael Webster and the Serious Fraud Office are now investigating claims that Te Pāti Māori misused personal data collected in 2023.

That casts a shadow over the narrow victory of Tāmaki Makaurau MP Takutai Moana Natasha Kemp, who beat Labour incumbent Peeni Henare by only 42 votes.

Kemp was chief executive of Manurewa Marae, which was used for a Covid-19 vaccination drive, as a census collection centre and then a polling booth.

Sir Brian Roche, Pania Gray and Michael Heron released the findings of an inquiry into how government agencies protected personal info provided for the 2023 Census and Covid-19 vaccination drive.

Deputy Prime Minister Winston Peters claimed Henare’s seat was “stolen.” Labour leader Chris Hipkins said “the result in that seat was unfair”.

Hipkins also slammed the Electoral Commission for allowing the marae to be used as a polling booth in the 2023 election.

This was “an alarm bell … a warning sign” against New Zealand’s international reputation for having independent and fair elections, he said.

The Electoral Commission is an independent Crown entity, accountable to the Minister of Justice and was not included in the public service inquiry.

Late last year Chief Electoral Officer Karl Le Quesne told MPs on Parliament’s Justice Committee the Commission failed to manage the perceived conflict of interest and said the marae should not have been used as a voting place.

Takutai Tarsh Kemp won her seat by only 42 votes.

On Tuesday, Prime Minister Christopher Luxon said he was shocked by the reports’ findings but refused to be drawn on whether an inquiry into the Electoral Commission would follow.

Roche released the findings of a government inquiry which identified significant flaws with how personal information collected by Manurewa Marae on behalf of Stats NZ, the Ministry of Health and Health NZ was protected.

He said it made for “very sobering reading.”

“The system has failed and that isn’t acceptable – and it must be, and will be, remedied.

“These are serious allegations that go to the integrity of our democratic process,” he said. “While we don’t know if personal information was improperly used, the gate was left open.”

The second report, written by former deputy state services commissioner Doug Craig and commissioned by Stats NZ, went further, saying “it was more likely than not” census forms were photocopied, left unsealed and not properly secured.

Chief Statistician Mark Sowden has agreed to stand down at the the end of his term next month.

“It is unacceptable for people’s personal information to be misused in the way that’s been alleged, and absolutely unacceptable that we did not ensure that it could not happen,” Sowden said in a statement.

“To the people of Aotearoa New Zealand, I unreservedly apologise.”

Roche has also recommended a law change after marae staff gave out $100 supermarket vouchers to encourage voters to switch from the general to the Māori rolls.

He has also barred public service agencies from signing any new contracts, or extending agreements with the marae, Te Pou Matakana ‒ now the Whānau Ora Commissioning Agency (WOCA) ‒ and the Waipareira Trust.

The South Auckland marae was contracted by the Waipereira Trust and WOCA on behalf of government agencies. Both organisations are headed by Te Pāti Māori president John Tamihere.

The investigations were sparked after The Post and Sunday Star-Times revealed the misuse of data allegations by whistleblowers who had worked at the marae and for the Ministry of Social Development.

Tamihere and TPM previously strenuously denied the allegations. Neither would comment on Tuesday.

Staff feared the information they collected was being misused for political campaigning. They also believed the inducements were “exploitative” but any attempts they made to question the practice were shut down.

They left their employment and pursued personal grievance complaints for various claims including bullying and constructive dismissal. There were seven whistleblowers.

Allan Halse, an employment advocate, represented the former staff. He said the findings of both inquiries “vindicated” his clients.

“The whistleblowers, and I as their facilitator, have been publicly disparaged, vilified and threatened,” he said.

Some had been threatened and left New Zealand “for their and their families’ safety.”

The scandal “shined a light on the inadequacy of the public service,” he added.

Privacy Commissioner Michael Webster said the two reports show agencies “must be better at privacy” and that he is now reviewing the referrals raised by both.

“The Privacy Act is very clear that agencies collecting personal information need to keep it safe and treat it with care. This responsibility extends to the use of third-party service providers,” Webster said.

Detective Superintendent Ross McKay said police were investigating “various aspects of allegations made about Te Pāti Māori”.

“Where potential criminal activity has been identified, we will respond and investigate accordingly,” he said.