SENSITIVE + LEGALLY PRIVILEGED
Cabinet
CAB-18-4IN-0081
Minute of Decision
“Ti cecum cots fama fre New Zslnd Cait Hust be taied cantons and |,
‘ani in accordance wh any secur Casio or har endorsement The tomato cn oy be Cy
‘elaasd,inclclng undo the Otel Inormation Act 1882 by parsons wih to apogee 9}
‘Additional Item: Request for Crown Indemnity for Expenses of
Representation
Porto ‘Attomey-General
(On 19 February 2018, Cabinet >
1 noted tn er of omer Miner, te Ron Bl Eagle Yon Pasa Bene, Hon
‘ve Tolley and Hon Steven aye, are sekig ine olga cos need in
defending egal proceeding ought eset an ourtin Auk,
2 noted that he proceding in question isan for particular discovery before
proceedings are commenced (“he mlm yo sing"),
noted that the proccedings concem allegafont relating to actions done by the formet
Senses ese
4 noted that the Cabinet Manusl Soe Former Ministers may be indemnified bythe
‘Crown for any ations taken against them for things dane or decisions made in the course of|
sre aes
fo ieee ee orca eee eee cane
oon te is meetin wheter he or she sould be indemnified, the noma
areangementis; ‘abinet’s agreement in advance to meet the expenses of legal
‘Trea che gman of nono sre and ages ld eet
jindgment ven
6 motedlgsat he expenses of legal representation forthe former Ministers in the preliminary
ing are estimated to amount to approximately $20,000 plus GST and disbursements;
7 Ghareed tha the government should mse the reasonable expenses of legal representation of
‘rte named former Ministers in defending the preliminary proceedings
ee eee
9 agreed the question of whether an indemnity should be issued in respect of any costs oF
‘damages that may be awarded against the former Ministers in this proceeding, orn espect
ofthe expenses of legal representation in any subsequent related proceedings, shouldbe held
‘ver at Least until the preliminary proceeding is esolved;
“sok 2018.07.18 17.2523 SENSHIVE : LEGALLY PRIVILEGED.SENSITIVE + LEGALLY aRIVLEcED
(cAB-18-m1-0051
10 agreed tha the expenses of legal representation forthe former Ministers inthe preliminary
‘proceeding be met from Votes Internal Affairs, Socal Development, Prime Minister and
(Cabinet, State Services and Finance in equal shares.
ol
ee RS
AN
Hard-copy detibution: 3
‘rey Gene r
‘uoksdt69 2018-07-18 172523 SENSITIVE : LEGALLY PRIVILEGEDOffice of the Attorney-General
Chair, Cabinet
sy
P NS
Request fr Crown indemnity for expenses of logs rennin
the reasonable
Hon Steven Joye
‘an application brought
Rt Hon Winston Peters,
Introduction
1, This paper seeks Cabinet agreement to the Crown
legal expenses of Rt Hon Bill English, Hon Paula Bs
‘and Hon Anne Tolley, incured in relation to dete
against them in the High Court at Auckiand
the inended paint frre proceeding diet
buco S
2 The spleon oh prs Sv as ie tended ten
the former Ministers, two jour ‘two former Ministerial and Secretariat
Sees emyes andthe Cnet Cece one tye Soca
Seopa
4. The pli aste heft ot ine oda dco ay
reel catenin tan tended cate toe & awe te
Seensie cent fos nro chan payment Ror
Seeman he pe
4. Tre plaintif stated he intends to issue proceedings against those involved in
the allagad breach of his privacy and to determine those who are responsible
by preproceeding discovery. The application states itis impossible for the
Ali formate te intended ca without te ifomaton sou om
intended defendants.The former Ministers have provided affidavits in
ssponse to the application and the plaintiff subsequently asked the Court to
(]~Vacate the foture forthe appleaion for pre-commencement clacovery on te
(>~ basis that he has been provided with the information sought from the other
defendants, and is expecting to have received it from the Chief Executive of
the Ministry of Social Development before 5 March,
5. Plaintif's counsel has asked for the application to be putin the court Ist for 5
‘March where it is expected the court will deal with any remaining issues
including costs.
6. Graig Howie, Chief of Staf for the Leader of the Opposition, has witten to
"me Seeking indemnification forthe former Ministers’ legal costs. The letter
does not specify who the former Ministers have instructed but pape's have
been filed on their behalf by Peter Kiely from Kiely Thompson Caishy. The