Michael Heron KC to lead review into immigration IT upgrade scandal

It was also alleged staff who expressed concerns about the project’s viability were moved on to other workstreams.

Public Service Commissioner Sir Brian Roche wanted the review to conclude in a couple of months. Photo / Mark Mitchell

Alongside announcing Heron’s role today, Roche set out the review’s terms of reference, which included:

What advice MBIE provided to ministers and whether it matched what officials knew about the project across its lifespan. Whether MBIE’s conduct in relation to the project met code of conduct standards, public service principles and Cabinet Manual guidance.Assessing the “creative accounting” allegations and whether investment management decisions met relevant Cabinet Office Circulars.What factors contributed to any deficiencies in MBIE’s advice, for example organisational, governance, cultural or systemic factors or external pressures or incentives.What concerns were raised with and within MBIE about the project, including by MBIE employees, contractors, and vendors working on the project, how these concerns were responded to, and whether that response was appropriate.

Heron would be given powers to “issue production orders and witness summonses to ensure they have access to all relevant information, some of which may be held by individuals or third parties outside the public service”.

Heron would not determine “employment, disciplinary, civil or criminal liability of any individual”, but could make findings of fault and make recommendations to Roche that further steps be taken to determine liability.

Roche last week told the Herald it would be difficult for anyone found liable, who still worked in the public service, to keep their jobs.

He expected the review would take about three or four months.

Immigration officials didn’t reveal project’s fate in select committee

In March, MBIE officials were questioned in a Parliament select committee about the project but didn’t disclose it had been binned in November last year.

Alison McDonald, who previously headed Immigration NZ which sat within MBIE, was asked by Labour’s Phil Twyford about the risks posed to the project.

As reported by RNZ today, she linked delays to the fast-paced evolution of technology and referenced ongoing work to ensure the country’s identity management system was fit for purpose.

Blakeley, who appeared alongside McDonald, echoed how the ministry was in the process of working out what the programme would look like.

Stanford wouldn’t comment on whether Blakeley and his officials should have disclosed more about the project to the select committee, referring to the commission’s investigation.

“I’m not going to pass judgment, and there may well be reasons why they were and weren’t able to say things, but I haven’t had a talk to my officials about that yet.”

MBIE chief executive Nic Blakeley acknowledged his ministry failed at multiple points. Photo / Mark Mitchell

Blakeley became MBIE chief executive earlier this year, not until after the project had been canned, but had previously held a deputy secretary role. Roche told the Herald last week he didn’t believe Blakeley was liable for the project’s failure.

However, Stanford wouldn’t explicitly express confidence in Blakeley.

“I want to see the outcome of the report before I make any judgments.

“He’s only been in the job for a few months, most of the people that were working on this project are no longer there, he is now tasked with making sure that the culture within MBIE is good and that the new leadership is strong so that we can avoid this happening in the future.”

Adam Pearse is the deputy political editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.