44 Bowen Street
Private Bag 6995
Wellington 6141
New Zealand
T 64 4 894 5400
F 64 4 894 6100
www.nzta.govt.nz
29 November 2023
Jean Roberts
[FYI request #24480 email]
REF: OIA-13898
Dear Jean
Request made under the Official Information Act 1982
Thank you for your email
of 20 October 2023 requesting information under the Official Information Act
1982 (the Act). On 20 November 2023, Waka Kotahi wrote to you to advise of an 8 working day
extension to respond to your request for information.
I have answered your questions in turn. Responses relate to the 3-year period 1 July 2020 to 30 June
2023.
1. The number of Personal Grievances raised in your Ministry, in the last 3 years broken down
by year , and categories (for example: Bul ying, Unjustifiably disadvantaged, constructive
dismissal etc)
The fol owing table provides a breakdown of Personal Grievances (PG) raised per year:
Financial year
Total PGs lodged
Total PGs settled
2020/21
14
8
2021/22
8
8
2022/23
10
13
Waka Kotahi does not hold information which breaks down PGs by category.
2. (in the last 3 years) The number of Mediation that took place broken down by year
3. (in the last 3 years) The number of successful mediation broken down by year
Waka does not hold this information and has no reason to believe another agency either holds it, or
has functions more closely connected to it. Waka Kotahi has not consistently tracked or reported on
the specific methods used to resolve employment matters – for example, a dispute might be resolved
by discussion between the parties, using a Ministry of Business, Innovation and Employment mediator,
or via direct negotiation of a settlement between Waka Kotahi and external counsel. I am therefore
refusing this part of your request under section 18(g) of the Act because the information is not held.
From March 2023, Waka Kotahi has improved its record keeping in relation to employment matters,
including capturing data on PGs, settlements, and mediations.
4. (in the last 3 years) Of the PGs raised, how many went to Employment Relations Authority
broken down by year?
The fol owing table provides a breakdown of PGs that went to the Employment Relations Authority
(ERA) per year:
Total ERA
Financial year
cases
2020/21
1
2021/22
2
2022/23
1
5. (in the last 3 years) How many cases were found against the Ministry broken down by year?
The fol owing table provides a breakdown of ERA cases found against Waka Kotahi per year:
ERA cases found
Financial year against Waka Kotahi
2020/21
0
2021/22
0
2022/23
1
6. (in the last 3 years) How much money – in total- were paid to settle these cases/or pay the
fee required by ERA broken down by year?
The cost of settling and/or paying ERA fees for the case decided against Waka Kotahi in 2022/23 was
$18,143.12.
7. How much money was covered by the Ministry’s liability insurance?
Zero. Waka Kotahi does not hold insurance for the purposes of settling employment disputes.
8. (in the last 3 years) How much money – in total – were paid to external Legal consultants to
defend the cases filed in ERA or to prepare the responses to the case broken down by year?
The fol owing table provides the costs paid to legal consultants in relation to defending or responding
to PGs. Note that not all PGs incurred external legal costs.
Financial
Total
Total ERA
year
Total PGs Total PG costs
ERA
Costs
2020/21
10
$50,004.50
1
$89.60
2021/22
3
$3,718.71
2
$19,793.57
2022/23
4
$24,939.25
2
$32,184.30
9. (in the last 3 years) How many ERA cases resulted in reinstatement of employee broken
down by year?
None.
2
10. If a case is found against the Ministry (the Ministry lost), what are the consequences to the
Manager involved in the incident?
This information is withheld under section 9(2)(a) of the Act because it constitutes personal information
relating to the employment of an individual.
With respect to the information that has been withheld in responding to this request, I do not consider
there are any other factors which would render it desirable, in the public interest, to make the
information available.
Under section 28 of the Act, you have the right to ask the Ombudsman to review my decision on this
request. The contact details for the Ombudsman can be located at www.ombudsman.parliament.nz.
If you would like to discuss this reply with Waka Kotahi, please contact us by email to
[NZTA request email].
Yours sincerely
Richard Gilhooly
Head of Reward and Employment Relations
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