Climate case briefing sent to former Beehive staffer's private email

A spokesperson for the Prime Minister said the actions didn't meet the standards expected of...
A spokesperson for the Prime Minister said the actions didn't meet the standards expected of staff in the Beehive. Photo: RNZ
Lillian Hanly of RNZ

The Prime Minister's Office has 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.

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.

The Department of Internal Affairs (DIA) 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, the 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.

"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.

Mike Smith. Photo: Johnny Blades / VNP
Mike Smith. Photo: Johnny Blades / VNP

Labour leader Chris Hipkins told RNZ that the more new information that came to light, the more it looked like a "deliberate ploy by the Prime Minister's 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?"

'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."

This story was first published on rnz.co.nz

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