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Report
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Description

The inquiry reviewed the history of why the payments were made, the actions of New Zealand Ministers and officials, the arrangements that the payments related to, and what the use of public resources has achieved.

In this report, we consider whether:

  • the arrangements were made within the law;
  • the business case for spending public money was robust;
  • good process was followed; and
  • value for money was obtained.

It is not within my legal mandate to comment on or criticise the Government's trade, diplomatic, or animal welfare policy decisions.

Main findings

I found no evidence that the arrangements entered into as part of the Saudi Arabia Food Security Partnership were corrupt. To understand whether there was corruption, we looked at whether there had been an abuse of power for private gain or an offence against the Crimes Act 1961 by a Minister or an official. The payments did not amount to bribery or facilitation payments. Instead, they were made as part of a legally valid contract for services. Public money was spent within the necessary financial approvals.

That said, I share many New Zealanders' concerns about the arrangements. I found significant shortcomings in the paper put to Cabinet in support of the decision to enter into the Saudi Arabia Food Security Partnership. The contract's benefits to New Zealand were unclear in the Cabinet paper, the business case, and its subsequent implementation.

In my view, settlement of a grievance was provided under the guise of a contract for services. The Saudi Arabia Food Security Partnership was the result of a need to resolve a diplomatic issue and, in the view of Ministers, to settle a Saudi Arabian investor's grievance. The situation was complicated by views about live sheep exports. The contract does not outline those different policy objectives or the complexities. Importantly, the contract does not specifically reflect the settlement component relating to the grievance.

This lack of transparency, both at the time of the decision and subsequently, has led to the concerns from the New Zealand public about the nature of the payments made. To date, explanations from Ministers or officials have not resolved those public concerns. Without transparency, people will speculate. This report is an opportunity for the complete story to be told.

To date, slightly more than $8.7 million has been spent. There are some benefits, such as an improved diplomatic relationship and business opportunities, but whether those benefits are a good return on investment is unclear to me.

Publication Details
ISBN:
978-0-478-44251-9
Access Rights Type:
open