iSAYSO
RE: BRIGITTA MAAS ; PRIOR SERVICE THROUGH THE OFFICE OF THE CLERK, PARLIAMENTARY RECORD, PRESERVATION OF RECORDS, AND REQUIREMENT FOR A PERSONALLY AUTHORISED RESPONSE
PERSONAL AND URGENT
To:
Andie
Office of the Clerk of the House of Representatives
Parliament Buildings
Wellington
And personally to:
The Rt Hon Gerry Brownlee
Speaker of the House of Representatives
Parliament Buildings
Wellington
Copied to:
Dr David Wilson
Clerk of the House of Representatives
RE: BRIGITTA MAAS – PRIOR SERVICE THROUGH THE OFFICE OF THE CLERK,
PARLIAMENTARY RECORD, PRESERVATION OF RECORDS, AND REQUIREMENT FOR A
PERSONALLY AUTHORISED RESPONSE
Dear Andie and Mr Brownlee,
We write in response to the email sent by Andie at 8:26 p.m. concerning the notice relating to Brigitta
Maas.
That response stated:
“The Clerk does not receive documents on behalf of Ministers or other MPs. It is not the role
of the Clerk.”
That statement does not answer the matter raised.
The material in question was not merely sent to the Office of the Clerk with a request that it be informally
passed to individual Ministers or Members of Parliament. Our position is that the material was previously
served through the Office of the Clerk and placed into the parliamentary process for presentation or
tabling in Parliament.
The material was therefore delivered through an official parliamentary channel. The present issue
concerns what the Office of the Clerk received, what it recorded, what it did with the material, where it
was directed, and where the corresponding official records are now held.
The response received appears to substitute a generic statement about the Clerk’s role for a direct
answer concerning an identified prior transaction.
That is not acceptable.
1. Identty and authority of the respondent
The response was signed only “Andie.” It did not provide a surname, position, delegation, office, or the
source of the authority under which the response was given.
Andie is therefore required to confirm:
1. her full legal name;
2. her official job title;
3. the division, unit, or team in which she works;
Interpretation: ordinary English meaning applies unless displaced by an express legal, procedural, technical, or instrument-specific definition. |
Page 2
4. whether she is an employee of the Office of the Clerk of the House of Representatives;
5. the identity of the person to whom she reports;
6. whether she was authorised to respond on behalf of the Clerk of the House;
7. whether she was authorised to respond on behalf of the Speaker;
8. who instructed or approved the response;
9. what records she examined before sending it; and
10. whether she personally accepts responsibility for the accuracy and completeness of the statement
made.
The Office of the Clerk is an independent parliamentary organisation. A person communicating an official
position from that office must identify the capacity and authority under which the position is being
communicated.
2. Prior receipt and parliamentary pathway
Please confirm precisely whether the earlier material relating to Brigitta Maas was:
a. received by the Office of the Clerk;
b. date-stamped or otherwise registered;
c. entered into an electronic or physical document-management system;
d. referred to the Clerk, Deputy Clerk, Speaker, Speaker’s Office, House Services, or another
parliamentary office;
e. accepted for presentation or tabling;
f. presented or tabled;
g. declined or rejected;
h. returned to the sender;
i. redirected to another person or agency; or
j. lost, deleted, destroyed, or otherwise rendered unavailable.
These are distinct factual possibilities. They cannot properly be answered by stating only that the Clerk
does not receive documents on behalf of Ministers or other MPs.
Please identify:
1. the date and time of receipt;
2. the method of receipt;
3. the person who first received the material;
4. every internal reference or document number assigned;
5. each person or office to whom it was referred;
6. any determination made about presentation or tabling;
7. the name and position of each decision-maker;
8. the Standing Order, practice, policy, procedure, or other authority applied; and
9. the present location and status of the record.
Interpretation: ordinary English meaning applies unless displaced by an express legal, procedural, technical, or instrument-specific definition. |
Page 3
3. Basis of Andie’s statement
Please identify the precise legal or procedural basis for the statement: “The Clerk does not receive
documents on behalf of Ministers or other MPs.”
In particular, provide the relevant Standing Order, parliamentary practice, statutory provision, delegation,
internal policy, operating procedure, records-management rule, or written direction.
Please also explain how that proposition is relevant to material said to have been formally delivered
through the Office of the Clerk for presentation or tabling.
No assumption is to be made that a broad statement about ordinary correspondence disposes of the
factual history of this particular material.
4. Preservaton of records
This letter constitutes a formal and continuing notice requiring preservation of all potentially relevant
records.
That requirement extends to:
• the original documents and attachments;
• emails and complete email headers;
• delivery and receipt metadata;
• document-management records;
• date stamps and registration entries;
• presentation or tabling records;
• internal referrals;
• handwritten or electronic notes;
• telephone records;
• correspondence with the Speaker or Speaker’s Office;
• correspondence with Ministers, MPs, parliamentary staff, or outside agencies;
• advice concerning the material;
• retention and disposal schedules;
• deletion logs;
• archive records;
• backup records;
• audit logs; and
• communications mentioning Brigitta Maas, Tracy Lynch, or the prior notice.
No relevant record is to be deleted, altered, overwritten, destroyed, concealed, reclassified, or removed
from its ordinary recordkeeping system.
Please confirm in writing that an appropriate preservation direction has been issued and identify the
officer responsible for supervising compliance.
Interpretation: ordinary English meaning applies unless displaced by an express legal, procedural, technical, or instrument-specific definition. |
Page 4
5. Responsibility of the Clerk and Speaker
This matter is addressed personally to the Speaker because the integrity of parliamentary administration
and parliamentary records is engaged.
It is also copied personally to Dr David Wilson as Clerk of the House because the Clerk is the principal
officer of the Office of the Clerk and is responsible for the standards and conduct of its staff.
We require confirmation from Mr Brownlee and Dr Wilson as to:
1. whether Andie’s response represents the authorised position of their respective offices;
2. whether either of them approved that response;
3. whether the prior parliamentary record has been examined;
4. whether the preservation requirement has been implemented;
5. whether the matter has been referred for senior review; and
6. who will provide the substantive response.
6. Public dutes and personal decision-making
The handling of material delivered into an official parliamentary process engages statutory, procedural,
administrative, recordkeeping, integrity, and public-interest obligations.
We are concerned that the response received may reflect an administrative decision made without
adequate investigation of the facts, without identification of the decision-maker’s authority, and without
proper consideration of the existing parliamentary record.
Every officer remains responsible for:
• statements they personally make;
• decisions they personally take;
• information they choose to rely upon;
• records they cause to be handled, retained, referred, or disposed of; and
• any failure to correct a material error once placed on notice.
This letter does not accept that an unidentified staff member may issue a conclusory response and
thereby extinguish or avoid the responsibilities of the Clerk’s Office or the Speaker’s Office.
We reserve our position concerning any breach of statutory duty, public duty, fiduciary or analogous
obligation, misfeasance, procedural unfairness, failure to preserve records, or other actionable conduct.
No final legal conclusion is presently conceded or waived.
7. Required response
Because the matter concerns an ongoing proceeding, prior parliamentary service, and the preservation of
potentially material records, it is urgent.
Please provide, within two working days:
1. confirmation that all relevant records have been preserved;
2. Andie’s complete identity, office, position, and authority;
3. confirmation whether the prior material was received through the Office of the Clerk;
4. the complete administrative and parliamentary pathway followed;
Interpretation: ordinary English meaning applies unless displaced by an express legal, procedural, technical, or instrument-specific definition. |
Page 5
5. the legal or procedural authority relied upon;
6. the identity of all relevant decision-makers; and
7. confirmation of the senior officer now responsible for the substantive response.
A further generic statement that the Clerk does not receive documents for Ministers or MPs will not
answer these questions.
This correspondence is addressed to each recipient personally so that there can be no uncertainty as to
notice, responsibility, or the requirement for an accurate and properly authorised response.
Yours faithfully,
Tracy Lynch
for Brigitta Louise Maas
All rights and remedies reserved.