The Treasury

Mixed Ownership Model for Crown Commercial Entities: Shares Plus Proposal Information Release

21 December 2012

Release Document

www.treasury.govt.nz/publications/reviews-consultation/sharesplus

Key to sections of the Official Information Act 1982 under which information has been withheld.

Certain information in this document has been withheld under one or more of the following sections of the Official Information Act, as applicable:

9(2)(a) - to protect the privacy of natural persons, including deceased people

9(2)(b)(i) - to protect trade secrets

9(2)(b)(ii) - to protect the commercial position of the person who supplied the information, or who is the subject of the information

9(2)(f)(ii) - to maintain the current constitutional conventions protecting collective and individual ministerial responsibility

9(2)(f)(iv) - to maintain the current constitutional conventions protecting the confidentiality of advice tendered by ministers and officials

9(2)(g)(i) - to maintain the effective conduct of public affairs through the free and frank expression of opinions

9(2)(h) - to maintain professional legal privilege

9(2)(i) - to enable the Crown to carry out commercial activities without disadvantage or prejudice, or

Not relevant.

Where information has been withheld a reference to the applicable section of the Official Information Act has been made, as listed above.

In preparing this Information Release, the Treasury has considered the public interest considerations in section 9(1) of the Official Information Act.

5 September 2012 SE-1-3-7-8

Treasury Report: "Shares Plus" - Proposed Consultation Process

Purpose of Report

1. This report seeks your agreement to a proposed consultation process which officials can commence today.

Proposed approach [Withheld under s9(2)(h)] 2.

Overall process

3. We have broken the consultation into phases as shown below.

Date Action 5-7 September Initial communications from the Crown 6-17 September Period for affected groups to consider the issues 18-28 September Period for hui led by Ministers English and Finlayson 5 October Written submissions close 15 October Cabinet decision

4. This report deals only with aspects of the first phase – we will report separately on arrangements for subsequent phases in due course.

Participants

5. Ministers have indicated that the consultation should be targeted to groups with a direct interest in water bodies or geothermal resources affected by the operations of Mighty River Power, Genesis Energy and Meridian Energy (the Companies). OTS has identified 33 or large natural groupings that meet this definition (spreadsheet attached). These groups are a mix of settled iwi, yet to settle large natural groupings with a mandate, and other unmandated groups known to OTS. 24 of these groups are affected by the operations of Mighty River Power. We recommend that these groups are invited to participate in a written submissions process and also invited to one of a series of hui (these will take a few days to organise).

6. We also recommend that other groups that may consider themselves affected by the operations of the Companies are also invited to participate in the written submissions process. This would include the Māori Council and the 11 claimants and some 90 interested parties to WAI 2358 (where these groups do not fall into those identified in paragraph 5). We are seeking the relevant contact data from the Waitangi Tribunal.

7. [Withheld under s9(2)(h)]

1 Wellington International Airport v Air New Zealand [1993] 1 NZLR 671.

T2012/2202 : "Shares Plus" - Proposed Consultation Process Page 2

COMMERCIAL-IN-CONFIDENCE

[Withheld under s9(2)(h)] 8.

9. There is also a risk, particularly given the speed with which the data has been prepared, that we have not identified all groups with a direct interest in water bodies or geothermal resources affected by the operations of the Companies. The Crown will therefore need to remain open to requests to attend the hui from any groups omitted but that meet the definition.

Draft consultation letter

10. We attach a draft letter that sets out this approach and will be sent to all the groups identified in paragraphs 5 and 6 (a minor variant of the letter for the New Zealand Māori Council that differs only at paragraphs 3 and 22 is also attached for your approval). Some small details of these letters are still being finalised by email between officials and Ministers and their offices.

11. The letter:

• explains why the government is consulting (and on what – “shares plus”),

• invites all recipients to provide written submissions to the government by Friday 5 October,

• states that directly affected iwi will be invited to one of a series of hui and indicates they will receive a further letter providing details,

• sets out the government’s views on “shares plus”, and

• provides a focused set of questions about “shares plus” for people to provide written submissions on.

Next steps

12. Once the letters are finalised, we will:

• email and mail the consultation and New Zealand Māori Council letters immediately,

• arrange for Mighty River Power, Genesis Energy and Meridian Energy to receive a copy of the consultation letter and invite them to submit, and

• provide you, later this week, with proposed meeting dates and draft letters of invitation to those iwi who are directly affected by the operations of the Companies.

Consultation

13. The Crown Law Office and David Goddard QC were consulted on this report. The Office of Treaty Settlements was consulted on the development of this process.

T2012/2202 : "Shares Plus" - Proposed Consultation Process Page 3

Recommended Action

We recommend that you: a agree to the proposed consultation process, and

Agree/disagree. Agree/disagree. Agree/disagree. Acting Minister of Finance Minister for SOEs Attorney-General b note we will continue to work with you and your offices to finalise the attached draft consultation letters as soon as possible today.

Chris White Manager, Commercial Transactions Group

Hon Bill English Minister of Finance

Hon Steven Joyce Acting Minister of Finance

Hon Tony Ryall Minister for State Owned Enterprises

Hon Christopher Finlayson Attorney-General

T2012/2202 : "Shares Plus" - Proposed Consultation Process Page 4

[Pages 1-10 withheld under s9(2)(g)(i)]

[Pages 1-10 withheld under s9(2)(g)(i)]

Indicative Iwi AOI within the Region Iwi / LNG Negotiation Status catchment to one or more SOE Associated SOE First Name Surname Job Title Organisation Postal Address 1 Suburb City Email Assets [Withheld unders9(2)(a)] Te Rūnanga o Ngāi Ngai Tahu Ngāi Tahu Settled Genesis Energy and Meridian Mark Solomon Chairperson Tahu

Ngati Ngati Turangitukua CNI Settled Waikato Catchment Mighty River Power Maria Nepia Chairperson Turangitukua Charitable Trust

Te Maru o Waikato Rereahu Settled Waikato Catchment Mighty River Power Glen Katu Project Manager Trust

Te Pumautanga o Te Te Arawa Settled N/A N/AEru George Chairperson Arawa

Te Arawa Te Arawa Settled N/A N/A Toby Curtis Chairperson Te Arawa Lakes Trust

Te Arawa River Iwi Te Arawa Te Arawa Settled Waikato Catchment. Mighty River Power Roger Pikia Chairperson Trust

Te Putahitanga Te Putahitanga o Nga Pouakani o Nga Ara Settled Waikato Catchment Mighty River Power Tamati Cairns Chairperson Ara Trust Trust

Waikato- Te Waikato Waikato-Tainui Settled Waikato Catchment Mighty River Power Tom Roa Chairperson Kauhanganui Inc. Region Iwi / LNG Mandated/Un- Indicative Iwi AOI within Associated SOE First Name Surname Job Title Organisation Postal Suburb City Business Cell Email Last Team Comments mandated Catchment to one or more Address 1 updated Manager SOE Assets [Withheld unders9(2)(a)] Hauraki Ngati Rahiri-Tumutumu Mandated Waikato Catchment Mighty River Power Greg Thorne Chairperson Ngati Rahiri- Ngati Tumutumu Hauraki Ngati Rahiri-Tumutumu Mandated Waikato Catchment Mighty River Power Jill Taylor Iwi Negotiator Ngati Rahiri- Ngati Tumutumu Hauraki Ngāti Tara-Tokanui Mandated Waikato Catchment Mighty River Power Amelia Williams Iwi negotiator Ngati Tara- Tokanui Trust

Hauraki & Tamaki Makaurau Ngāti Pāoa Mandated Waikato Catchment Mighty River Power Hauauru Rawiri Iwi Negotiator Ngāti Pāoa Trust

Hauraki & Tamaki Makaurau Ngāti Pāoa Mandated Waikato Catchment Mighty River Power Morehu Wilson Iwi Negotiator Ngāti Pāoa Trust

Hauraki & Tamaki Makaurau Ngāti Tamatera Mandated Waikato Catchment Mighty River Power Liane Ngamane Iwi negotiator Ngāti Tamatera

Hauraki & Tamaki Makaurau Ngāti Tamatera Mandated Waikato Catchment Mighty River Power John McEnteer Iwi negotiator Ngāti Tamatera

Hauraki & Tamaki Makaurau Ngāti Whanaunga Mandated Waikato Catchment Mighty River Power Rodney Renata Iwi Negotiator Ngāti Whanaunga Incorporated Hauraki & Tamaki Makaurau Ngāti Whanaunga Mandated Waikato Catchment Mighty River Power Tipa Compain Iwi Negotiator Ngāti Whanaunga Incorporated Hauraki & Tamaki Makaurau Mandated Waikato Catchment Mighty River Power William Peters Iwi negotiator Te Patukirikiri Iwi Inc

CNI Ngāi Tūhoe Mandated Waikaremoana Catchment N/AKirsti Luke Chief Te Kotahi ā Executive Tūhoe Trust

CNI Ngāi Tūhoe Mandated Waikaremoana Catchment N/A Tamati Kruger Chief Te Kotahi ā Negotiator Tūhoe Trust

Takitimu Ngāti Hineuru Mandated Waikaremoana Catchment N/A Tuhuiao Kahukiwa Chairperson Ngāti Hineuru Iwi Incorporated Takitimu Ngati Kahungunu ki Mandated Waikaremoana Catchment N/A John Whaanga Chairperson Te Tira Wairoa and Whakaemi o Rongomaiwahine Tamaki Makaurau Ngāti Tamaoho Mandated Waikato River Catchment Mighty River Power Natalia Sexton Claims Ngāti Tamaoho manager Trust

Tamaki Makaurau Ngāti Te Ata Mandated Waikato Catchment Mighty River Power Josie Peita Iwi negotiator Ngāti Te Ata Claim Support Whanau Trust Tamaki Makaurau Te Akitai Mandated Waikato Catchment Mighty River Power Karen Wilson Te Akitai

Tamaki Makaurau Te Kawerau a Maki Mandated Waikato Catchment Mighty River Power Mook Hohneck Project Te Kawerau Iwi manager Tribal Authority

Tamaki Makaurau Te Kawerau a Maki Mandated Waikato Catchment Mighty River Power Warena Taua Chairperson Te Kawerau Iwi Tribal Authority

CNI Ngāti Tuwharetoa Mandated Waikato Headwaters Mighty River Power Gina Rangi Manager THF Ngati Negotiator Tuwharetoa Hapu Forum CNI Ngāti Tuwharetoa Mandated Waikato Headwaters Mighty River Power Gina Rangi Deputy Chair Ngati Tuwharetoa Hapu Forum CNI Ngāti Tuwharetoa Mandated Waikato Headwaters Mighty River Power Sir Tumu Te Heuheu Chair Person Ngati Tuwharetoa Hapu Forum Waikato Ngati Koroki Kahukura Mandated Waikato Catchment Mighty River Power Willie Te Aho Lead Taumata Wiiwii Negotiator Trust

Waikato Raukawa Mandated Waikato Catchment Mighty River Power Vanessa Eparaima Chair - Raukawa Contact Settlement person Trust AltEmail Notes Mandated/Un- Indicative Iwi AOI within Catchment Region Iwi / LNG Associated SOE First Name Surname Job Title Organisation Postal Address 1 Suburb City Email mandated to one or more SOE Assets [Withheld unders9(2)(a)] Co Chair (Te Toi Te Toi Kura o CNI Ngāti Ruapani Non-mandated Waikaremoana Catchment N/A Des Renata Kura o Waikaremoana Waikaremoana)

Co Chair (Te Toi Te Toi Kura o CNI Ngāti Ruapani Non-mandated Waikaremoana Catchment N/A Nicky Kirikiri Kura o Waikaremoana Waikaremoana)

Non-mandated Ngai Tai ki Tamaki Tribal Hauraki Ngai Tai ki Tamaki Waikato Catchment Mighty River Power James Brown Chief Negotiator (MIO) Trust

Tamaki

Makaurau Ngāti Maru Non-mandated Waikato Catchment Mighty River Power Paul Majurey Iwi negotiator Ngāti Maru Runanga

& Hauraki

Te Tai Non-mandated Mokai-Patea Whanganui Catchment Genesis Energy Utiku Potaka Te Rūnanga o Ngāti Hauiti Hauauru (MIO)

Te Tai Non-mandated Mokai-Patea Whanganui Catchment Genesis Energy Neville Lomax Chairperson Te Pātiki Trust Hauauru (MIO)

Te Tai Non-mandated Ngāti Maru Whanganui Catchment Genesis Energy Maria Kingi Chairperson Ngāti Maru Fisheries Trust Hauauru (MIO)

Te Tai Ngati Rangi Non-mandated Whanganui Catchment Genesis Energy Che Wilson Chair Te Kāhui o Paerangi Hauauru

Chair of Ngāti Hauā Waikato Ngati Haua Non-mandated Waikato Catchment Mighty River Power Lance Rapana Ngati Haua Trust Board Trust Board

Chair of Ngati Haua Waikato Ngati Haua Non-mandated Waikato Catchment Mighty River Power Mokoro (Alan) Gillet Ngati Haua Trust Board Trust Board

Ngati Hinerangi Iwi Trust Waikato Ngati Hinerangi Non-mandated Waikato Catchment Mighty River Power Morehu McDonald Chairperson Board

Non-mandated Maniapoto Māori Trust Waikato Ngāti Maniapoto Waipa Catchment Mighty River Power Tiwha Bell Chair (MIO) Board

Non-mandated Maniapoto Māori Trust Waikato Ngāti Maniapoto Waipa Catchment Mighty River Power Liz Munro Project Manager (MIO) Board

Non-mandated Maniapoto Māori Trust Waikato Ngāti Maniapoto Waipa Catchment Mighty River Power Janise Eketone General Manager (MIO) Board

Waikato-Tainui Claimant Waikato Non-mandated Waipa Catchment Tony Spellman Nga Tai o Te Uru remaining Representative

Waikato-Tainui Claimant Waikato Non-mandated Waipa Catchment Clint Rickard Nga Tai o Kawhia remaining Representative

Waikato-Tainui Waikato Non-mandated Waikato Catchment Mighty River Power Donna Flavell General Manager Waikato-Tainui remaining remaining

Te Tai Te Tiwha Whanganui River Māori Whanganui iwi Non-mandated Whanganui Catchment Genesis Energy Puketapu Hauauru Brendon Trust Board

Te Tai Non-mandated Whanganui iwi Whanganui Catchment Genesis Energy Gerrard Albert Chairperson Te Whiringa Muka Trust Hauauru (MIO)