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 iwi 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 New Zealand 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 South Island 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 Rereahu Waikato Rereahu Settled Waikato Catchment Mighty River Power Glen Katu Project Manager Trust Te Pumautanga o Te Te Arawa 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-Tainui 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 Te Patukirikiri 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 Te Wairoa Tamaki Makaurau Ngāti Tamaoho Mandated