Live: PM reveals plans to limit lobbyists' Parliament access, new rules for ministers

Author: Michael Neilson,
Publish Date: Mon, 3 Apr 2023, 3:55pm

Prime Minister Chris Hipkins has announced a move toward regulating the lobbying industry, commissioning work on policy options for regulating lobbying activities.

Hipkins announced the move today, saying when it was last looked at in 2012 it did not work out because it was too broad in scope.

”I want Parliament to take another look, learning the lessons from that process.”

“To do it well, will require considerable work and consultation and I anticipate the advice coming back in 2024.”

Other steps to take more immediate effect included removing swipe card access to Parliament for anyone in the business, non-government and union sectors. There are currently about 80 people who get swipe card access to enter Parliament – many of them lobbyists, government relations specialists for corporates, and union reps.

Those who will get to keep the cards include spouses of former MPs and political party staff and representatives.

Hipkins will also offer Government support – and funding – to lobbyists to establish a voluntary code of conduct.

He said a refresh of the Cabinet manual, out this month, also sets clear expectations for Ministers in relation to conduct and decisions when considering future employment – a step to try to address concerns around politicians moving straight into lobbying jobs after leaving Parliament.

On the removal of swipe card access, he said some lobbyists as well as business and union representatives had swipe-card access to the building. “My view is they should go through the front door like every other New Zealander.”

“Access to Parliament is controlled by the Speaker, but I’ve written to him today to express the Government’s view this access should be removed.”

“I want, as much as possible, for this to be a bi-partisan issue and I call on other political parties to support this measure.”

He said he knew NZ was an outlier compared to other countries on this issue.

Stuart Nash to retire from politics

Earlier today, former minister Stuart Nash confirmed he would not run again at this year’s election. Hipkins said they did have a conversation and he made clear it was Nash’s decision to make.

Nash was stripped of his ministerial portfolios and kicked out of Cabinet after a series of scandals, the latest being that he sent information about Cabinet decisions to two of his donors. It was also revealed last week that Nash’s office had failed to release the information as part of an Official Information Act request.

Hipkins has also released the terms of reference for the Cabinet Secretary’s inquiry into Stuart Nash’s communications with his donors.

“It will look at whether there were other breaches of Cabinet collective responsibility or confidentiality, or perceived or actual conflicts of interest in communications he had with people and entities who made declared donations to his 2017 or 2020 electorate campaigns.”

“Communications in scope are those by letter, email, text message, WhatsApp or Signal between 26 October, 2017 and 28 Match, 2023 when Nash held ministerial portfolios.”

“New Zealand should rightly be proud of our open and accessible government. I hope these measures will go some way to further increase transparency and the integrity of government.”

On Nash’s terms of reference for the review and why it excluded the 2011 and 2014 campaigns, Hipkins said it was because the focus was on when Nash was a minister.

On the Nash OIA issues, Hipkins said ministers were ultimately responsible for what was being released.

Hipkins said he and Nash had spoken on Friday and they had discussed his past and future.

Hipkins said he had not directly asked Nash if he had lied to him about the email. He said he had either withheld that information or forgot, but the endpoint as PM would have been the same.

When asked if he would believe Nash if said he had no other things to disclose, Hipkins replied “clearly I did two weeks ago and that turned out not to be true,”

Lying was unacceptable but so was forgetting something as significant as the emails Nash sent to donors, Hipkins said.

Regulating the lobbying industry

On lobbyist issues, Hipkins said swipe cards created the perception of increased access.

Hipkins said he also wanted third-party lobbyists to develop a voluntary code of conduct that would enhance transparency by, for example, including the names of the clients they represent on their websites.

“Others involved in lobbying, for instance peak bodies, industry associations and other entities may also wish to sign up for this as well.”

“The Government will offer assistance from the Ministry of Justice to help draft the code and to provide research on overseas practises and guidance.”

Hipkins said he was not able to recall his last specific meeting with a lobbyist but he had had “interactions”.

A cool-down period would be considered as part of the major review.

Hipkins said there was a gap between New Zealand and other countries.

NZ had a very good reputation internationally as relatively corruption free but perception was an important aspect of this. He said he had not had a lot of direct engagement with lobbyists.

He did have a lot of interaction with unions, but not not paid lobbyists. It was more at the informal level.

Hipkins said he had not spoken to nor consulted with any lobbyists about these decisions.

On issues with the OIA, Hipkins said it was still a fundamentally sound piece of legislation.

Issues remained though around how it was implemented.

Hipkins said he would not rule out a penalties regime.

The lobbying crackdown was related to recent events, Hipkins said. It was not specifically related to the Nash situation.

On lobbying, Hipkins said it was about NZers being able to trust the Government and being accountable.

The background of the moves on lobbying

The moves on lobbying come after a series of articles by RNZ that highlighted the close relationships between lobbyists and politicians, and how they were also used by Government departments.

The revelations included how Hipkins’ chief of staff, Andrew Kirton, was previously part of a lobbying firm that worked for alcohol companies which pushed back against a proposed container return scheme.

Hipkins previously said there was a need for “transparency and vigilance” around lobbyists and their relationships with politicians.

He said he was not ruling out taking action on the issues raised in the future.

It is understood these measures had been on his radar for some time but were pushed ahead after the reporting by RNZ.

Jacinda Ardern led NZ exceptionally well - Hipkins

On Ardern, Hipkins said he thought she led NZ exceptionally well through complicated challenges and NZ was better for her leadership. She led through all of those challenges with dignity and humility.

He hoped she would leave with her head held high.

On the vitriol directed towards Ardern, Hipkins said he hoped people would leave her alone after she left Parliament. He hoped those on the fringes who did not respect her “would back off”.

Hipkins said it was a tough job and we should accept it was tougher for Jacinda as a young woman. She was subjected to a much greater degree of vitriole than male politicians.

Internationally people like Hillary Clinton had been subjected to this for decades and it was disappointing to see it come here over the past 18 months.