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The Statistics NZ investigation found no evidence of data breaches in the 2023 Census.
The 67-page report – seen by the Herald – found the approach by Whānau Ora to liftMāori participation for the 2023 Census delivered well above and beyond its contract requirement.
The document, an independent investigation and assurance review of allegations of misuse of 2023 Census information, was prepared by RDC on behalf of Stats NZ.
Its scope was to report on the administration and operational aspects of the Whānau Ora Commissioning Agency’s (WOCA) management of census forms and its handling of census data and personal information.
A report for Stats NZ says allegations were made against Manurewa Marae after the 2023 Census. Photo / Mary Afemata / LDR
The report’s first 30 pages look at the approach taken by the reviewer, background and overview of events, context for the 2023 Census engagement with Māori, Census governance arrangements, procurement processes and Census confidentiality and data/privacy considerations.
It refers to how the chief statistician is required to give effect to the principles of Te Tiriti o Waitangi by recognising Māori interests in the collection of data, and the way it is collected and managed before determining the manner of undertaking the Census and the data to be collected.
It also says “the statistician must engage with Māori on Māori interests in data and maintain capability and capacity to engage with Māori about the collection of data”.
But the report contains no smoking gun related to the attention Whānau Ora and Whānau Waipareira received over the initial allegations and the subsequent requirement for inquiries by Stats NZ and the Public Service Commission.
Reports by “whistleblowers” in June 2023 revealed $100 kai vouchers were being given to whānau who completed a Census form.
The Stats NZ report confirms this was a contractual term in the signed agreement between Stats NZ and WOCA.
“Under the contract this was described as a ‘whānau contribution’ to encourage and support whānau to participate. The contract stated this ‘could include the use of grocery vouchers’.” Up to $1 million from the $5m contract could be set aside for incentives.
The report said the WOCA contract was signed at the end of April 2023. Work commenced the next day on May 1, 2023, until June 30, 2023 – one of the tightest turnarounds from contract sign to implementation.
It also states: “By July 13, 2023, the engagement was deemed a success, with Stats NZ providing the Minister of Statistics with the following as part of a suggested response to a Parliamentary Question.
“Regarding achieved outcomes, I am advised that as of May 4, just before WOCA field activities began, Auckland North had an estimated individual return rate for the Māori descent population of 82%, with Auckland South at 64.7%.
“WOCA exceeded their target of reaching 10,000 non-responding and partially responding dwellings across Auckland, which contributed to an increase in return rates from Māori. As of June 30, 2023, the estimated individual return rate for the Māori descent population in Auckland North was 87.3%, and Auckland South was 70.3%.”
The report makes no recommendations against Whānau Ora or Whānau Waipareira with regard to possible data breaches over the use of Stats NZ information.
The report said allegations were made against Manurewa Marae from “whistleblowers” but the report does not go into details about the claims. The report refers this matter to the Privacy Commissioner.
In a separate report from Dr Rawiri Taonui, he said one of the whistleblowers was from Oranga Tamariki, another from the Ministry of Social Development, and four from Manurewa Marae, but none of them still work at the respective organisations. Taonui said they all had links to the Destiny Church.
In the Stats NZ report, one of the whistleblowers said they called the Stats 0800 phone line to complain but “despite an extensive search by Stats NZ and Spark, no record of this call has been found”.
The Stats NZ report summarises a number of areas that it will need to consider for future Census collections.
It also made nine recommendations:
1. When outsourcing Stats NZ functions, Stats NZ should maintain contract management/delivery oversight and assurance activities relative to the size and risks associated with the contract. Stats NZ should ensure it maintains active oversight and assurance to ensure these are delivered in accordance with relevant statutory and other Stats NZ requirements.
2. Stats NZ should take proactive steps to ensure it is meeting its Te Tiriti obligations under the Data and Statistics Act, to avoid the need for initiatives developed under time pressure.
3. Stats NZ should ensure that all internal controls, management oversight and project/programme governance arrangements are maintained and operated prudently, regardless of any contract’s approval level.
4. In outsourcing any Stats NZ statutory authority/accountability or collection operation, risk assessments should include an assessment of the potential reputational risk to suppliers and contract oversight arrangements should reflect these risks too.
5. Stats NZ should ensure that corporate units with capability relevant to programmes/projects like the census are formally made part of the programme and their responsibilities made clear.
6. Future procurement processes should follow good practice guidelines.
7. Stats NZ should ensure that, when providing data or sensitive information to third parties, it takes proactive steps to ensure it is aware of how this information will be used, stored and disposed of. This should include ensuring that certificates of confidentiality are completed by receiving parties before the provision of data by Stats NZ that is subject to the Data and Statistics Act 2020. Where appropriate, positive assurance, including physical inspection, should occur.
8. Census operations should maintain a central log of all complaints and issues raised about the conduct of the Census, with actions recorded against complaints and routine reporting on these to senior management and governance.
9. “Given our findings and recommendations, we recommend that Stats NZ refer this report to the Office of the Privacy Commissioner for consideration of what, if any, further investigation or engagement may be warranted.”
Whānau Ora or Whānau Waipareira did not want to comment on the report.
The second report for the Public Service Association by Mike Heron, KC, is due to be released soon.
Joseph Los’e is an award-winning journalist and joined NZME in 2022 as Kaupapa Māori Editor. Los’e was a chief reporter, news director at the Sunday News newspaper covering crime, justice and sport. He was also editor of the NZ Truth and prior to joining NZME worked for urban Māori organisation Whānau Waipareira.
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