By FRANCESCA MOLD political reporter
State sector chief Michael Wintringham denied suggestions that he would lie under oath during a heated exchange yesterday with the lawyer for Winz chief executive Christine Rankin.
At the Employment Court in Wellington, lawyer Michael Quigg produced a letter Mr Wintringham had sent to a reporter in response to questions about a "face doesn't fit" clause in Mrs Rankin's contract.
The clause could be used to dismiss a public service chief executive whose relationship with a minister had irretrievably broken down.
Mr Quigg said Mr Wintringham had received legal advice about the clause but had given a "less than honest" response to the reporter.
"I avoided answering the question, yes. I would also take that line before a parliamentary select committee too," replied Mr Wintringham.
"I did not want headlines up and down the country about this matter, because that would create problems for Mrs Rankin in terms of forging a relationship with her minister."
Mr Quigg: Is it acceptable to give answers that at best don't answer the question or are misleading?
Mr Wintringham: I would never stand up and lie. I do not see any reason why I have to provide information on any matter discussed with the minister.
Mr Quigg: Is it okay to do that with reporters, a select committee? Where else would you do it that's okay?
Mr Wintringham: I deeply resent the implication you are making.
Mr Quigg: I didn't write the letter. Where else do you adopt these practices?
Mr Wintringham: Certainly not while under oath.
Mr Quigg: Are there other places?
Mr Wintringham: I do not lie. If I am asked about matters that affect relationships between chief executives and ministers or chief executives and myself and other matters about privacy, I will not necessarily provide the information they are seeking. Most times I say I will not answer that on the grounds of privacy.
Mrs Rankin is suing Mr Wintringham for $818,000, saying he failed to act as a good employer and allowed political interference to affect his decision not to reappoint her as chief executive of Work and Income New Zealand.
It was Mr Wintringham's third day on the witness stand and he took the opportunity to express concern about Mrs Rankin's claim last week that he told her he was celibate.
In her evidence, Mrs Rankin alleged that at a meeting on May 24 last year Mr Wintringham had revealed his decision not to reappoint her and they had discussed job opportunities in Australia.
The discussion had then turned personal, with a distressed Mrs Rankin mentioning she could not imagine moving to Australia without friends or support.
She said Mr Wintringham had then told her he went to Australia once a month and that he would take her out for dinner or a coffee.
"It would be purely platonic," said Mrs Rankin, "and he went on to explain the reasons it would be platonic because he told me actually that he was celibate ... "
Mr Wintringham said he was "rather bewildered and subsequently distressed" at Mrs Rankin's comments, which he believed were a "considerable misrepresentation" of the situation.
He admitted having a personal conversation with Mrs Rankin about how tough things could be.
He had reassured her that Australia was not the other side of the world and mentioned that he went there every six months.
"Then, what I said was that because I had to be careful in dealing with a chief executive in these circumstances, I wanted to make it clear, given my personal situation and professional standing, I could not be part of that support network."
Mr Wintringham said he then made a "somewhat self deprecating comment" to make it clear his contact with Mrs Rankin would be limited.
He said the characterisation of his comments and the publicity around them were unacceptable and upsetting.
Mr Wintringham told the court Mrs Rankin had not been a credible candidate for reappointment because she did not have the confidence of her minister or the necessary skills.
He also said Winz had become a "laughing stock in the public service."
Mr Quigg: So you were relying on the fact the department has been a laughing stock in the public service [when deciding not to reappoint]?
Mr Wintringham: It had become an example of a lightning rod for criticism around the behaviour and style of the department in a way that undermined the credibility of the public service. I did my best to set that aside when considering Mrs Rankin for reappointment.
Mr Quigg has dropped an earlier request to recall Mrs Rankin to the witness box in response to some of Mr Wintringham's evidence.
Crown lawyers expect Social Services Minister Steve Maharey to take the stand today.
Feature: the Rankin file
Rankin's boss: I would never lie
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