Back in August, National sabotaged human rights by appointing terf and genocide supporter Stephen Rainbow as Chief Human Rights Commissioner, and terf and white supremacist Melissa Derby as Race Relations Commissioner. The appointments seemed calculated to undermine public confidence in the Commission, and there were obvious questions about how they happened. So I asked, using the OIA. I got the response back today, and its crystal clear that Justice Minister Paul Goldsmith did not follow a proper appointments process, instead parachuting his preferred candidates in to the interview process, then appointing them - possibly explicitly against the advice of the independent panel he had appointed to do the job.
The full documents are here. Note that they are incomplete, and fail to include panel reports on the successful candidates. My request was also poorly phrased, and did not ask for Goldsmith's communications around the appointment, but there were obviously several important ones. But judging from the documents, this is what happened:
- In December 2023, the Ministry of Justice advised Goldsmith on the need to appoint new EEO and Race Relations Commissioners, and the upcoming need to appoint a new Chief Commissioner. They remind the Minister of the Paris Principles, which require that there is a transparent process for appointments and that an independent review panel advise the Minister. They recommend the appointment of such a panel.
- Later in December, they do a followup briefing about the need to advertise the positions. They also suggesting writing to government caucuses. Goldsmith does so.
- In February 2024, he appoints an independent panel, consisting of retired judge Terrence Arnold, former Attorney-General (and National MP) Chris Finlayson, human rights lawyer Paul Rishworth, and iwi chairs representative Lorraine Toki to assess the applications. They do their job properly, and in March they report back with a shortlist (p30). Neither Rainbow or Derby's name appears on it.
- Despite this, later in March Rainbow appears on the interview list. It appears that Goldsmith wrote him in, and bumped another candidate to do so. The recommendations of the panel are (of course) redacted, but if they'd recommended his appointment, they wouldn't be.
- Sometime after this, Goldsmith "asked for the panel to interview Dr Melissa Derby for the position of Race Relations Commissioner" (p46). The panel's views on her are not included.
- In June the appointment goes to Cabinet's Appointments and Honours Committee. The Ministry of Justice's briefing on this (p44-45) and recommendations (p46) suggest strongly that Rainbow was not the candidate recommended by the panel (if he was, then his name would be recommended on p46, and there would be no redaction). Instead, he seems to be recommended as a second-choice because of some redacted objection to the recommended candidate.
- And just like that, Goldsmith's two preferred candidates are appointed!
As noted above, we don't know what Goldsmith said to the panel, and we don't have their recommendations. I can go to the Ombudsman, and if I'm successful, we might know in a year or two. But one thing is clear: rather than run a transparent, independent process as required by the Paris Principles, Goldsmith simply appointed a pair of hatemongers, apparently against the explicit recommendations of the appointments panel. And when we're talking about our chief human rights body, that simply isn't good enough. having seen this appointments process, i stand by what I said in August: these people are unable to credibly perform the functions of the office. And the next government should simply sack them.
