Stuart Nash sacking: Why it matters and why he’s staying on as Napier’s MP

Former minister Stuart Nash is defending his decision to stay on as Napier’s MP as the Prime Minister initiates a review into the scandal-hit politician’s communication with donors following a revealing email.

Nash, who was placed on a final warning by PM Chris Hipkins for prior breaches of the Cabinet Manual, was sacked on Tuesday. It came after Stuff revealed the MP had sent an email in 2020 to donors Troy Bowker and Greg Loveridge with details of Cabinet discussions and noting Nash’s personal disagreements with ministerial colleagues concerning a commercial rent relief package.

The Cabinet Manual, which governs the conduct of ministers, states “discussion at Cabinet and Cabinet committee meetings is informal and confidential” and members are bound by collective responsibility and must not detail who took what position on an issue.

Bowker had donated $10,000 to Nash for the 2020 campaign, Loveridge had donated $5000 via a company, GRL Holdings.

Hipkins kicked Nash out of Cabinet on Tuesday night and stripped him of his ministerial portfolios before yesterday announcing a review into all correspondence between the MP and his donors.

Prime Minister Chris Hipkins has announced a review into Stuart Nash's communication with donors. Photo / Mark Mitchell

He also revealed the email in question was brought to the attention of the offices of Nash and then Prime Minister Jacinda Ardern when it was considered out of scope during a 2021 Official Information Act request and was subsequently not released publicly.

Police Commissioner Andrew Coster told Newstalk ZB yesterday that current Official Information Act requests would be released in the next week relating to a “handful” of instances of Nash’s interactions as Police Minister with him that could have been flagged, in light of the politician’s inappropriate interactions.

“I’m not going to go into detail, but what we’re talking about here is relatively minor in the scheme of things,” Coster said.

“I’m not suggesting that that was necessarily inappropriate.”

Hipkins, who had not known about the email despite previously seeking assurances from Nash that he had committed no other Cabinet Manual breaches, said it was his understanding Ardern had not been informed of the email’s existence, but had since ensured that error would not occur again.

“I have made it very clear to my office that I expect to be advised of any such matters should they arise.”

The review, set to take two months and headed by the Cabinet secretary, was endorsed by Hipkins as important to restore public confidence.

“Stuart has advised me he will fully co-operate with that review,” he said.

“I expect a high level of conduct from ministers and MPs and his actions raise perceptions of influence which cannot stand and therefore need to be checked,” Hipkins said.

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In a statement on social media on Tuesday, Nash said he intended to stay on as Napier’s MP, ignoring calls from the National Party to resign and trigger a byelection.

“There will be no unnecessary, messy and expensive byelection – this is the last thing our city needs.

“To the people of Napier, whom it has been an absolute pleasure and privilege serving and representing in parliament, I also offer my apologies.”

His statement contained several other apologies - including to Hipkins, his party and his family - for acting inappropriately.

“Getting stuff done and coming up with solutions to the issues of the day. I tend to go hard when often a softer approach would perhaps deliver superior results over the longer term.

“In times of crisis – like Covid-19 or March 15th or White Island or the Cyclones: all of which I had a ministerial responsibility for response – this hard execution-focused approach can work, but I absolutely acknowledge that I played outside the rules and that’s unacceptable.

“Never ever for personal gain, or to benefit anyone other than the people of NZ and my Napier constituents, but that doesn’t matter in the end. I let them down by not getting it right.”

Napier MP Stuart Nash has apologised to many people following his actions.

In an earlier conversation with the Herald, Nash said he would have conversations with his wife and the party about whether he would contest the 2023 election.

He also hosed down speculation he might jump to NZ First - he is close to Shane Jones and Winston Peters.

Nash said he had had a “long conversation” with Jones on Tuesday night but he had not been offered a place in NZ First.

“I’m Labour to the core - always have been always will be, Nashes have been for a long, long, long, long time,” Nash said.

Why did Stuart Nash’s actions get him sacked?

Constitutional law expert Graeme Edgeler told the Herald the requirement for Cabinet ministers to portray a united front was fundamental to the operation of the Government.

“That’s the way our ministers operate is that Cabinet speaks with one voice and they might personally disagree with the decision but once the decision has been made, it’s a decision that they all support.

“Cabinet collective responsibility is that all ministers effectively act as one minister.

“In the past, we’ve had instances where if someone felt that there was a decision that Cabinet had made that they couldn’t support and they really need to say that publicly then the sort of the thing they should do, they need to do, is resign from Cabinet.”

Edgeler comments were a reference to former Labour minister Tariana Turia who left the party in 2004 over her opposition to the seabed and foreshore legislation.

He added the phenomenon of Cabinet ministers resigning in such circumstances was more common, citing similar instances under former British PM Boris Johnson.