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Elevate Magazine
June 6, 2024

Te Pāti Māori improper use of census data allegations: What we know so far

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Image: John Tamihere, Mike Scott

Te Pāti Māori has been in the spotlight this week due to allegations that last year, they misused personal data collected from the 2023 census for political campaigning purposes. Nothing has been proven, and John Tamihere, Te Pāti Māori President, has denied the allegations.

Here’s what we know so far:

Last year, Stats NZ partnered with the Whānau Ora Commissioning Agency to try to lift low response rates from Māori in Auckland for the 2023 Census. The Whānau Ora Commissioning Agency contracted Manuwera Marae to facilitate the on-the-ground data collection within the local community.

Former staff at Manuwera Marae in South Auckland have since alleged that hundreds of census forms collected by marae workers were photocopied and retained. Personal details from these forms, such as contact information, household occupancy, and birth dates, were allegedly entered into a database and sent to the Waipareira Trust, which is run by Te Pāti Māori president John Tamihere. The allegations suggest that this census data was then used to target Māori electorate voters in the Tāmaki Makaurau electorate during the 2023 election campaign.

If the claims are true, Te Pāti Māori could face accusations of improper use of personal census data for political campaigning purposes, specifically to influence voters in the Māori electorate of Tāmaki Makaurau, where Te Pāti Māori’s candidate Takutai Moana Natasha Kemp narrowly won the seat.

Further allegations state that participants were given $100 supermarket vouchers, wellness packs, or food parcels as inducements to complete the forms and switch electoral rolls.  Visitors to the marae during the advance voting period were also allegedly given $100 vouchers when completing forms to change rolls.

Marae staff are also accused of including enrolment forms for voters to switch from the general to the Māori electoral roll when delivering census forms.

Opposition Leader Chris Hipkins has described the allegations as “very serious.” While he did stress the important role marae play in helping Māori get vaccinated, apply for an electoral roll or fill out census forms, he said there need to be “clear delineations between those activities so that any information that’s collected through them isn’t used improperly.

Te Pāti Māori president John Tamihere has strongly denied the allegations: “The allegations are baseless and simply untrue. We have asked the journalist to provide evidence to support these claims – there has been no response.

Further, when asked about allegations concerning the misuse of COVID-19 vaccination data, Te Pāti Māori stated: “Keeping with last night’s statement, it’s hard to defend yourself on rumour, speculation and allegation. We’re waiting for any hard evidence to prove anything to be true.

To sum up:

  • Whistleblowers have alleged that Manuwera Marae misused personal information collected during the 2023 New Zealand Census, and visitors to the Marae were offered supermarket vouchers and wellness packages if they switched to the Māori electoral roll.
  • Stats NZ is currently investigating the allegations of potential misuse of census data collected at Manurewa Marae. They have appointed an independent external party to probe the claims.
  • The Labour, National, and Vision NZ parties have previously filed complaints with the Electoral Commission related to Te Pāti Māori’s campaigning tactics during the 2023 election.
  • Te Pāti Māori have strongly denied the allegations.

So, where does that leave us?

Te Pāti Māori have fervently denied any wrongdoing, and none of the allegations have been backed by hard evidence. At this stage, the accusations are based purely on rumour and speculation.

However, if evidence is found to support the claims upon investigation, a number of legal issues will be raised.

While political parties engaging in voter education, registration drives, and get-out-and-vote efforts within communities is generally permissible and a principal issue within Māori communities where voter turnout is historically poor, there are strict laws around how this must be conducted.

Legal issues that could be raised if the allegations are proven true:

  • Privacy breaches: If census data containing personal details like contact information was improperly accessed and used for political campaigning purposes, this could violate the Privacy Act, which prohibits misuse of personal information collected under other pretences.
  • Undue influence on voters: Offering financial incentives (i.e. $100 vouchers or food parcels) to induce voters to switch electoral rolls or vote a certain way could constitute treating or undue influence on voters, which is illegal under the Electoral Act.
  • Failure to comply with electoral laws: Including unauthorised electoral roll forms with census materials and not having proper promoter statements on campaign communications, such as text messages, may breach electoral finance and advertising rules.
  • Misuse of public funds: If data or resources from government agencies like the Ministry of Social Development or COVID-19 vaccination programs were accessed and used for political purposes, this could constitute misuse of public funds and breach of contractual agreements.

The results of Stats NZ’s investigation are yet to be seen. But if the allegations are proven true, they could have serious and far-reaching consequences for both the individuals involved and for the results of the 2023 election.