Race Relations Commissioner Meng Foon doesn't think he has resigned from his position yet. Photo / Gisborne Herald
Race Relations Commissioner Meng Foon doesn't think he has resigned from his position yet. Photo / Gisborne Herald
Race Relations Commissioner Meng Foon accepts there are other people who could have leaked his planned resignation to journalists on Friday other than the Prime Minister’s office, which he alleged on Monday.
Foon had intended to resign on Sunday after being informed by Ministry of Justice Secretary Andrew Kibblewhite that it was “highly probable” Foon would be removed as commissioner. That was for not adequately disclosing money he received as director of a company that was paid by the Ministry of Social Development to provide emergency housing in Tairāwhiti.
However, Foon’s intended resignation was reported by several media organisations on Friday afternoon and then confirmed by the Prime Minister’s office. Foon had emailed Chris Hipkins to inform the PM of his decision on Friday morning as a “no surprises” gesture.
Asked at his weekly press conference, Hipkins said he disagreed that his office had leaked it, saying they got inquiries from media about it and answered them.
Speaking to the Herald, Foon walked that claim back slightly, accepting it was possible the information could have come from other sources, including the Ministry of Justice and close friends he consulted on Friday.
“Yes, I can’t be sure, sure,” he said.
Foon also believed he had not officially resigned as of yesterday, and was expecting a letter from Associate Justice Minister Dr Deborah Russell that added to her statement on Friday that Foon breached the Crown Entities Act for not adequately declaring his conflict of interest and should be removed.
However, Hipkins said he had resigned and read from the email Foon sent him on Friday, in which Foon began by saying “I am resigning as Race Relations Commissioner,” saying later he would resign on Sunday.
Hipkins said that was enough to constitute a resignation. He said while he thought highly of Foon, the Human Rights Commission and Ministry of Justice had found that Foon’s conflict of interest was not appropriately managed. While Foon had disclosed it early in his time as commissioner, that was not the same as managing it when it became a potential issue.
Russell chose not to comment and referred to the Herald to her Friday statement.
Associate Justice Minister Dr Deborah Russell believes Foon should be removed as Race Relations Commissioner. Photo / Mark Mitchell
Foon was a director of MY Gold Investments Ltd - a company trading as Tatapouri Bay Accommodation. It received more than $2 million from the Government to provide emergency housing between 2019 and 2023. Foon was appointed Race Relations Commissioner in August, 2019.
Foon was also involved in a Human Rights Commission inquiry and subsequent report on emergency housing, while “never adequately declaring his interest”, according to Russell’s statement.
It followed issues arising from Foon’s donations to Labour’s Kiri Allan before she became Justice Minister and therefore responsible for the Human Rights Commission. Allan hadn’t registered the potential perceived conflict of interest with the Cabinet Office.
On his register of interests, seen by the Herald, which was provided to the Human Rights Commission ahead of his appointment in 2019, Foon listed his position with MY Gold Investments under “Other of Interest” and had written next to it, “MSD Emergency Housing”.
Another document declaring Foon’s interests, required by the Commission, listed MY Gold Investments as an income source for Foon, but it did not feature any mention of the emergency housing funding.
Foon argued his “MSD Emergency Housing” reference in his register of interests was a sufficient declaration.
Foon has also provided evidence that this reference was not carried over by the Human Rights Commission to the conflicts of interest register or the list of board member interests that inform standing agenda items at all meetings.
The commission’s Paul Hunt acknowledged this in a letter on June 9 to Minister Russell.
Chief Human Rights Commissioner Paul Hunt. Photo / Supplied
Foon accepted he should have declared his company’s role in providing emergency housing during the commission’s inquiry, but believed he wasn’t not provided with adequate support or training in what was necessary to declare.
“The Human Rights Commission failed in its duty of care,” Foon wrote to Russell on June 7.
On Friday morning, Foon received a call from Kibblewhite, who informed him it was likely Russell would recommend he be removed as Race Relations Commissioner.
Foon opted to resign on Sunday, which was reportedly agreed to by Kibblewhite.
He then emailed Hipkins about 10.30am, saying he would be resigning on Sunday because he “didn’t declare the amount of money MY Gold Investments was receiving from MSD”.
Given the news broke on Friday, Foon has now reconsidered and he expected Russell to follow the other process set out by Kibblewhite on Friday that Russell would provide a more detailed explanation of her view in writing and give Foon another chance to respond.
Wood was temporarily stripped of the transport portfolio after it was revealed by the Herald he hadn’t properly declared shares he had in Auckland Airport during the time when he was the minister responsible for the aviation sector. Hipkins was yet to advise whether Wood would return as Transport Minister.
Hunt, speaking to the Herald, acknowledged Foon had made an attempt to declare his company’s relationship with MSD regarding emergency housing through his appointment process, but that it was not done appropriately, nor did Foon take any opportunity to update the commission on the quantity of money his company was receiving over the years.
However, Hunt complimented Foon for his advocacy in the role and didn’t believe Foon had been intentionally dishonest at any point.
He wouldn’t comment on whether Foon should be removed from the role, referring that question to Minister Russell.
