A few more bits from recent RB releases

There are still lots of outstanding questions around the sudden departure of the Reserve Bank Governor, and the handling of those events by the board and the Minister. But, even amid ongoing OIA obstructionism – the Bank simply ignoring the substance of specific requests, in a flagrantly illegal way – some more bits and pieces have emerged.

Back in April I lodged these requests

The Bank finally got round to responding on 30 June.

Of those, item a) wasn’t primarily about Orr’s departure (for unrelated reasons I wanted to see how their board committees work). Nonetheless, the response was interesting because although they sent me the committee minutes (with redactions), they didn’t even address the request for the minutes of actual Board meetings. As it happens, the Bank periodically (normally quarterly) releases rather limited and selective minutes of regularly scheduled Board meetings (you can find them here) and I’d lodged the request mostly because by 14 April they hadn’t released any for six months). They’ve since put up more recent ones. The Bank’s usual approach when someone requests something that is already on a website by the time the reply goes out is to point requesters to a link to those documents and then decline the specific request because the document is already publicly available (legitimate grounds for denial). This time, however, there is no mention in the response of the board minutes at all (only a mention that the committee minutes were attached, as they were).

This suggests an (illegal) effort to avoid addressing the specific request. One possible reason might be because it is almost certain that there will have been short-notice board meetings in and immediately around Orr’s resignation, which they don’t want to either acknowledge or disclose the records of. How could it have been otherwise? The Governor tells the board chair he’s thinking of resigning, and the Board does nothing, never meets, never authorises an exit package with gag agreements? Even for an apparently supine board like that of the Reserve Bank it seems very very unlikely. And when the Governor actually resigns – recall it was brought forward at the last minute by several days – there is no short notice Zoom board meeting to discuss what next? Yeah, right. (I’ll come back later to some interesting points in the minutes of the scheduled board meetings).

Another reason to believe that might be the explanation is the Bank’s response to my second item (above). This was it

That is a reference to the belated bulk release (available here), apparently designed to shape how we should think about Orr’s departure. But…..that response to my request by the Bank simply does not address my specific request, because the 11 June release contained precisely nothing about discussions among board members and nothing about the chair’s press conference later on the afternoon of Orr’s resignation (and nothing about any short-notice board meetings). Of course there will have been discussion among board members, and there might be even be some OIA grounds to withhold some of that specifically (in which cases such withholding needs to be justified specifically, item by item), but this response seeks to pretend answers have been provided when in fact the whole issue has been avoided.

Item d) of my request was overtaken by events. I was no longer particularly interested in Kolich’s departure (and the 11 June release suggested it was in train before Orr left), and the 11 June release did tell us there was an NDA with Orr (although we still have no idea what the nature of the gagging provisions were, or why they were imposed or accepted by the Board, or the Minister – you’ll recall from previous posts that a Governor’s resignation is addressed to the Minister not the Board).

But then there was item c) (above). There is a typo in the request, but the Bank seems to have understood it as intended (about possible and actual departure). This was their response

It is quite extraordinary really. Things had run so far off the rails that the Governor was first talking of resigning then actually planning to resign – partly, the 11 June release tells us, because effective future working relations were so impaired, in the context of the funding agreement disagreements – and neither the Board nor the Board chair initiated any (direct) contact with the Minister of Finance at all; no meetings, no texts, no calls, no written advice, no nothing. If true, and I guess we must assume it is so, it is extraordinary, and something of a dereliction of duty, given that the Board governs the Bank, monitors the Governor etc all on behalf of the Minister, who not only has general responsibility for the Bank but specific responsibility for hiring, firing, and (in this case) receiving a Governor’s resignation. (Other releases show that Quigley had alerted Iain Rennie to what was going on, who’d mentioned it to the Minister). I usually word such requests quite carefully to specifically include “or the minister’s office” and failed to do so this time. I guess it is possible they are hiding behind that and there was contact by Quigley and the Board with senior advisers to the Minister, but on this occasion I doubt that is so because of the final two sentences in that response. It was nice of them to tell me about that but since it was from the Minister, conveyed via her office, it wasn’t specifically within the scope of my request (but one is left wondering why it wasn’t disclosed in the 11 June release).

It just seems astonishing. And not least because of how the Board just seems to assume the freedom to negotiate gag orders with Orr, when a) his resignation had to be made to the Minister not to them, and b) when there would inevitably be intense public questioning and scrutiny of what was going on, and they were proposing even to tie the Minister’s hand without consulting her.

And then the only contact is the ill-judged (as it turned out) request from the Minister’s office for the Board chair to do a press conference. I don’t disagree that both the Board chair and the Minister owed us answers (which we still don’t have) but Quigley is singularly bad at fronting when dealing with challenging questions, and his responses in that press conference ended up raising more questions than answers, at times apparently actively misleading journalists and the public, all while there were no evident market ructions to calm. More questions for the Minister I guess: does she even now know the terms of the gagging agreements entered into? If not, why not? If so, how and why does she defend or justify them?

I noted earlier that the March quarter Board minutes (released on 18 June, conveniently after the 11 June release) had some interesting content (and some telling omissions).

There were records of two meetings. The first was on 27 February (which reports the Board approved minutes of a 14 February special meeting, minutes of which – not disclosed – were clearly within scope of my request). This was the meeting – we were told in the 11 June release – where things crystallised

with the Board taking one view on the future Funding Agreement (bowing to reality) and the Governor refusing to do so. You have to imagine there was quite an extensive and tense discussion. But here is what the Board minutes have to say about discussion of the Funding Agreement and associated negotiations.

That’s right. Precisely nothing. And it is not as if some very sensitive material has been withheld on legitimate OIA grounds (hard to see what now that so much is a) finalised and b) in the public domain). It is just that there is no mention of the Funding Agreement in the 10 pages of minutes of a seven hour meeting.

It is extremely dubious, because it appears like an active effort to mislead readers (of these proactively released documents) and, unless there are secret shadow minutes, a breach of the Public Records Act, which requires public agencies to maintain proper records, including of such consequential meetings and discussions. It seems likely that much of the discussion will have occurred in item 6.2 “Board Only Time”, where nothing is disclosed (or withheld), although even then how plausible is it that all the discussion of the Funding Agreement, where there were major differences, occurred without any other senior management present (CFO or that person’s boss, or the Deputy Governor)? It really is a classic example of minutes theatre: it is good that the Board releases proactively what they do, but this example illustrates again just how selective (and thus dishonest) their approach is.

The next meeting for which they published minutes was on 27 March, three weeks after Orr had resigned. This time there is a short note that “The Five Year Funding Agreement negotiations have neared completion”. On this occasion there were quite a few interesting snippets.

The first was this

This one took me quite by surprise. When in Opposition, Willis used to promise an independent review pretty much as soon as she took office. Nothing had been heard of it since they did take office. Nothing else has found its way into the public domain since 27 March. What review then? Who will be conducting it? What will the terms of reference be? How does it fit with the Royal Commission which did a – poor, once-over-lightly, channelling officialdom – chapter on economic policy in its Stage 1 report? Who, if anyone, will be invited to submit? And (frankly) at this late date what really is the point – unless, I guess, it asks hard questions of Christian Hawkesby, assuming he has applied to be Governor, about his responsibility for the costly mistakes and bad calls (as deputy chief executive then responsible for macro and monetary policy). But I do hope some journalist with access to the Minister will ask about the review.

The second was more forward looking.

That sounds sensible enough, even if it remains egregious that Neil Quigley is driving the process, having been chair through the Orr years, policy failures, culture of excess, messy departure of the CE and all. But for some, still inexplicable, reason that appears not to bother the Minister.

One of my big concerns about the new governance structure created by the 2021 Act has been that the Board had major responsibilities around the appointment of MPC members, including the Governor, but members had little or no expertise or background to making those calls (including reviewing performance on monetary policy matters, something they are also charged with). Two things partly allay those concerns. The first is the appointment of a couple of new board members with an economics background: Professor Philip Vermeulen and the former Deputy Governor and chief economist Grant Spencer. And the second, at least in principle, is involving external MPC members in the interview process. I say “in principle” because of the three externals, one is 80 and coming to the end of six years on the MPC where he shares responsibility for the very costly mistakes and is not on record as having made any distinctive contribution, and another – Prasanna Gai – is thought in some circles to be interested in becoming Governor himself. It does rather narrow the value of such an external panel.

Note, however, that one of Bank’s main roles is bank (and related) supervision and regulation. The Bank’s policies there have been quite contentious – including apparently with the Minister – and yet there is no one on the board with a strong banking or banking regulation background other than Spencer, and he tended to be a status quo figure in his last decade in the Bank when responsible for those functions. It just isn’t obvious where the intellectual vigour and fresh perspectives will be coming from (and it is interesting that, contrary to the practice for many top public sector jobs these days, there is no suggestion of having a respected outsider or two on an interview panel).

It is difficult to be optimistic about the process. There are no obvious ideal candidates, and the Board remains led by the same chair who gave us Orr in the first place, appointed and reappointed. But……fingers crossed I guess.

41 questions

I’m pretty tied up for the next couple of weeks so unless there are significant new developments (things like, for example, complying with the OIA) this will be my final post on events around the Orr resignation for the time being.

We know from what the Reserve Bank did choose to release last week that their story is now one in which Orr’s behaviour triggered by the prospect of deeper cuts to the Bank’s next Funding Agreement than he would have liked was what led to the departure. That is the gist of the (no doubt lawyer-vetted language) of the statement/press release last week:

“This caused distress to Mr Orr and the impasse risked damaging necessary working relationships, and led to Mr Orr’s personal decision that he….could not continue in that role with sufficiently less funding than he thought was viable for the organisation”. They wouldn’t have included that “this caused distress” stuff if it had just been a bunch of reasonable senior people (Board, management, Treasury, Minister) having a purely professionally-conducted disagreement and one deciding it was time for him to go.

But, as I’ve noted in a number of posts, having finally got that disclosure, more than three months after the resignation, there are still lots of unanswered questions (some for Quigley, some for the Board as a whole, and some for Willis, the people who continue in office). It would, of course, be great if Orr himself would give a substantive interview to a serious but searching journalist, but he is now just a private citizen.

This post attempts to bring the outstanding questions together in a list.

Questions for the Minister of Finance

  1. Did you really never ask (Rennie, Quigley, or indeed Orr) why Orr was planning to resign?
  2. Did neither officials nor the Board chair nor Orr (eg in his resignation letter, which had to be submitted to you to be effective) ever tell you why the Governor of the Reserve Bank was resigning?
  3. Did you ever make it known, directly or indirectly, that you did not wish to know?
  4. Were you aware that an exit agreement (going beyond resignation terms in Orr’s contract) was being negotiated? When?
  5. If not, why not? If so, did you ever make representations regarding possible severance payments and/or non-disclosure agreements?
  6. What was the atmosphere of the meeting held between you and Orr/Quigley and others (including Treasury officials and Hawkesby) on 24 February? Was the Governor’s conduct wholly and entirely professional?
  7. What representations and comments did you make on the Reserve Bank’s proposed 2024/25 Budget as part of their required consultation with you on the draft Statement of Performance Expectations?
  8. If those comments did not push back very strongly on planned levels of operating spending that went well beyond (around 23 per cent in excess of) what was permitted under the then-current Funding Agreement, why not?
  9. What was Treasury’s stance on that proposed budget?
  10. When did you first indicate to Treasury and/or the Bank (management or Board) that their initial bid for the new Funding Agreement (for $981 million in opex over five years) was unacceptable?
  11. Why were levels of Reserve Bank operating spending far in excess of (say) what the previous Funding Agreement had allowed for 24/25 included in the HYEFU numbers in December last year (reflecting fiscal policy decisions you had made up to 28 November). (NB: The previous Funding Agreement allowed around $154 million of (in scope) spending in 2024/25, while HYEFU appears to allowed $181 million per annum for each of 25/26, 26/27, and 27/28.]

Questions for Neil Quigley, Board chair

  1. Why did you approve a Bank budget for 24/25 involving levels of operating spending far in excess of what was allowed under the then-current Funding Agreement? Had any comments from Treasury or the Minister’s office raised any material concerns before the final Board decision was made?
  2. Why was it that as late as your email on Friday afternoon 14 February you seemed to believe that an agreement with Treasury on funding agreement matters could be sealed the following week?
  3. What stance had the Board taken on these matters at its meeting earlier that day?
  4. When did Treasury or the Minister first make it clear to you (or the Board generally) that the level of funding the Bank was still seeking by early February ($900m over five years, per Orr’s 5 February email) was quite unacceptable?
  5. Was there any communication from the Minister (or her office) to you after the 24 February meeting raising concerns about the Governor’s behaviour etc?
  6. When did you first learn that the Governor was seriously considering resigning? Was it at or after the 27 February Board meeting?
  7. Why was a negotiated exit agreement (covering anything more than, say, waiving notice requirements) considered necessary or appropriate (given that standard resignation provisions were presumably already part of the Governor’s contract)?
  8. Why did the terms of that agreement include paid “special leave” to 31 March rather than a resignation effective immediately (ie from 5 March)?
  9. Was there any discussion with the Minister, her office, or with Treasury regarding the possible terms of such an exit agreement. Did any of them raise concerns about gagging orders (whether binding on the Bank or on Orr?)
  10. What, if anything, are the terms of any gagging restrictions still in place? Given the extensive comments you have made, it seems the Bank may not be subject to material constraints? Is Orr, and if so why, and what consideration was given in exchange for him agreeing to such a term?
  11. Why did you say (per statement in the released pack) on the afternoon of 5 March (but independently of your press conference) “Adrian’s decision to resign as RBNZ Governor was a personal decision. He has conveyed that with consumer price inflation back within its target band, the time was right for him to step down.” Relative to the option (always open) of saying nothing, wasn’t this aggressively and deliberately misleading? How does that square with the Bank’s values around transparency and accountability?
  12. Why did you choose to hold a press conference at 5pm on 5 March? There is no suggestion of one in the pre-event planning. Was holding such a conference consistent with your agreement with Orr?
  13. Why did it take the Bank (for which, as chair you are responsible) more than three months to make the public statement that you did last week? Even if one granted some sensitivity around the Funding Agreement negotiations, the final Funding Agreement was released in mid-April?
  14. Did you and/or the Board approve what was released last week, including the text of the Summary Statement?
  15. What steps has the Board now taken to ensure that the Bank complies with its legal obligations under the Official Information Act, including in respect of requests on this broad issue (Orr resignation) that have been outstanding for months are were not addressed at all in last week’s release)?
  16. Why does last week’s release disclose nothing about dealings between you/the Board and either the Minister or Treasury in and around Orr’s release?
  17. Why does last week’s release disclose nothing about the Board’s own deliberations on these matters and/or their engagement with Orr once he made clear he was considering resigning?

Questions for the Board as a whole

  1. Why did you approve a budget for the Bank for 24/25 that was so far in excess of the level of spending authorised under the then-current Funding Agreement?
  2. Why did you agree to make a Funding Agreement bid that involved a large increase in future operating spending relative to levels authorised in the previous Agreement, despite being well aware of the prevailing climate of fiscal stringency. What sort of pushback did you provide to management, and did you insist on stress-testing the various options (including likely ministerial reaction to such a bid)?
  3. When were you first collectively made aware that the Governor was considering resigning, and what (if any) reasons were you given. What was the Board’s reaction?
  4. Why did the board agree to negotiating an exit agreement beyond the standard resignation provisions in the Governor’s contract. Did you approve the terms or was everything delegated to the chair? If the latter, given the sensitivity of such issues, why?
  5. Do you still have confidence in the chair after his handling of the public side of this issue, both on 5 March and since?

Questions for the temporary Governor

  1. Did you ever push back against either the 24/25 Budget, approved by the Board last June, or against the appropriateness of using such a vastly inflated level of spending as the starting point for the Funding Agreement bid?
  2. Who decided, and when, that Adrian Orr would not open or attend the inflation targeting conference (noting both his email at lunchtime on 5 March and comments later that day from the Board chair suggesting it still wasn’t clear)?
  3. Why did it take three months for any sort of statement (other than the highly misleading ones made to public and staff on 5/6 March) to be made on Orr’s resignation?
  4. What steps have been taken to ensure that the Bank meets its obligation under the Official Information Act, including actually addressing the specific requests lodged on this subject some months ago?

Questions for Treasury?

  1. What comments, if any, did you make on the proposed Bank budget for 24/25? What advice did you give to the Minister on this?
  2. When did you first make clear to the Bank’s Board that the initial Funding Agreement bid was quite unacceptable? Why weren’t they sent away early to revise and resubmit?
  3. Why were such spending numbers (well above previous Funding Agreement) included in the HYEFU fiscal numbers?
  4. Were you aware that an exit agreement was being negotiated with Orr? If so, did you make any representations on severance payments and/or gagging restrictions (if so, what?)?

UPDATE:

As it happens, I received a response to my OIA to The Treasury on (some of) these matters this afternoon.

The request was as follows

There is very little there. Here is the full response, including a note of one document (only) withheld completely, with even the title kept secret.

Treasury response to OIA re Orr departure 16 June 2025

I think the only positive things we learn from this is

  • Rennie’s initial advice to Willis on the afternoon of 27 Feb (the day of the crucial RB Board meeting) apparently reporting initial advice from Neil Quigley is very short (2.5 lines of a text) and not enough for more than a “Thank you for the heads up” from the Minister in reply.  It seems to have been followed up with fuller conversation (Rennie/Quigley) that evening, which seems to conclude with the suggestion of a meeting or phone call (Willis/Quigley?) presumably the next day.
  • On the Friday 28th, Quigley texts Rennie to ask him to call, saying he has an update.  It seems likely this was the point where Orr had decided to go.  Other papers reveal the exit agreement between Quigley and Orr was reached by Monday afternoon (3rd).

But what surprises me is what isn’t there.   Faced with the likely, and then certain, resignation of the Governor of the Reserve Bank, an agency Treasury is responsible for monitoring and where the Secretary sits as a non-voting MPC member, there is nothing else at all written down, either before the announcement, on the day, or in the few days following. 

Questions about the Funding Agreement, HYEFU, and last year’s RB budget were, of course, not covered by this request.

Willis and Quigley

Yes, that subject again/still.

Today, three main points:

  • the comments by the Minister, including claims that she didn’t know why Orr had resigned
  • the latest set of Quigley comments given to Newsroom’s Jonathan Milne, and
  • (largely for the record) restating events around MPC appointments that are minimised by Milne but which reinforce the sense that Quigley is unfit for the office he holds.

But first, a reminder of history. In The Post this morning it is claimed that “a governor had never resigned out of the blue before”. There have only been four Governors in the modern (independent) era and two of them have resigned out of the blue. Don Brash did on 26 April 2002. His resignation was announced at 9:54am that morning, with a brief explanation (including that there had been no disputes with the government) and an announcement that there would be a press conference (off site) at 11 that morning. where Don answered all sorts of questions. There were no gagging provisions, no secrecy or active misleading. If as Reserve Bank Governor you are going to resign and go with no notice (which I don’t advocate), it was the way to do it. The Minister, Board, and Governor might usefully have refreshed their memory of that experience in the week or so they had to prepare for Orr’s departure (there is no mention of it in the documents released the other day), rather than setting out on months of (as yet not fully resolved) obfuscation and distraction.

Willis

This snippet from an article in yesterday’s Herald caught my eye.

It crystallised something that had been playing on my mind for a while.

The Minister of Finance here seems to be saying that she did not know (at the time) why one of the most powerful officials in New Zealand, chief executive of a major agency in her portfolio, was resigning. The implication is that she never asked and was never told. If so, it would be quite extraordinary, and doesn’t seem at all likely. Decent answers to OIA requests might shed some light, but as I noted yesterday the Bank has so far simply ignored that part of my OIA request relating to communications with the Minister or her office.

The Minister has fairly consistently attempted to suggest that they were all matters only between the Board and the Governor. The Minister appoints the Governor, and while she does not set the terms and conditions of employment (the Remuneration Authority sets the salary and the Board the rest), the Act is quite clear about how a Governor resigns.

The Governor’s resignation is submitted to the Minister and is effective not before she receives it (the Bank gets a copy for information, and I guess to give effect).

Are we seriously expected to believe that the Minister of Finance was so little curious that she never enquired why, or what was going on, either when Iain Rennie first told her this was a possibility (earlier stories say this was 27 Feb, the day of the Bank’s Board meeting referred to in this week’s statement) or at any point in the following few days?

And if, as we are now told, Quigley (for the Board) went off and negotiated an exit agreement with Orr, on whose authority was that done? After all, the resignation itself was to the Minister. Wouldn’t an engaged senior minister, for example, have wanted to ensure that if there were any side deals done there were (a) no embarrassing severance payments, and b) no awkward gag restrictions, obstructing the public’s right to know (given that she now emphasises that the public should as far as possible have a right to know, and Quigley now cites the agreement he made with Orr as some sort of obstacle)? Perhaps Willis is a particularly disengaged minister, but….it doesn’t really seem likely, and especially in view of the balls that were in the air at the time (around both the Funding Agreement and bank capital issues). I guess it is just possible that she told her staff to tell Rennie and Quigley that she didn’t want to know anything (it might be politically convenient for her) but that would be a straight-out abdication of responsibility given her responsibility (including to Parliament and public) for this agency.

Put it together with the points I noted yesterday (did she ever object to the Bank setting a Funding- Agreement-blowing budget this time last year?, how did much higher than previous Funding Agreement numbers find their way into official HYEFU fiscal estimates?) and one senses that there are questions that should be asked of the Minister (journalists, Opposition MPs). And quite what was the character and tone of that meeting with her on 24 Feb, attended by Orr, Quigley (and Hawkesby and Treasury officials)?

I am left beginning to wonder quite what the balance was between Orr choosing to go and Orr being pushed. This seems to have come to a head between the meeting with Willis on the 24th and the Board meeting on the 27th. Orr had clearly engaged in something like an emotional over-reaction to coming funding cuts (“the matter was distressing for Mr Orr”). But why was there a need for an exit agreement if he was simply resigning entirely of his own volition (maybe with the exception of a one line agreement to waive notice requirements in his contract)? And why has the Bank deliberately – and it must have been deliberate – withheld anything about board engagement with the Governor or deliberations on his behavior, stance on funding, future etc?

They are questions not conclusions, but situation seems nowhere near as clear as the Bank might have liked us to believe with their press release (and was it a management position or one formally adopted/approved by the Board?) the other day.

As evidence, too, that the Minister had been part of the effort to mislead the public, I found this in a 5 March (day of the resignation) newspaper article

She too seemed to feed the line of “nothing much to see here”, while suggesting (contrary to the Act, see above) that the resignation was nothing to do with her, even though his resignation had been submitted to her.

Coming forward, there were some comments reported from Willis in the Newsroom article yesterday on the position of the Board chair.

Hardly a ringing vote of confidence. More reminiscent of those old movies in which some officer’s conduct has disgraced the regiment and he is given a pistol and a bottle of whiskey and expected to do the decent thing.

Quigley

Jonathan Milne of Newsroom has an extensive article on Quigley, including reporting some of his conversation with Quigley on Thursday afternoon. The article still appears to be paywalled (usually Newsroom lifts the restriction after a day, so perhaps it will be freely available shortly) and so I won’t quote extensively from it.

There are two sets of comments worth highlighting though. First, Quigley attempts to somewhat walk back his previous dismissive comments (to Dan Brunskill of interest.co.nz) and to justify his approach on 5 March (although not – not clear if it was asked – the three month wait for eventual partial answers). Little of it is at all convincing (and, for example, he never explains why he agreed to gagging restrictions he claims existed), but this was the most incredible (hard to take seriously) bit

It brings to mind that excellent encapsulation of the point by Luke Malpass in Thursday’s Post

No one, but no one, thinks that a resignation over a major dispute with Board/Minister, involving conclusions that future working relationships would be deeply impaired (presumably because of Orr’s conduct), is what would reasonably be described as “personal” reasons. Except, it seems, Quigley.

He actively misled us.

The second set relates to the question of what gagging restrictions still do (or don’t) exist.

If there is genuine uncertainty (Milne seems to contacted Orr himself) it should be resolved now, and clarified (waiving previous gag provisions if necesssary) in favour of transparency and accountability (and, at this point, it is less about accountability for Orr, but of the Board (specifically its chair) and the Minister. Among other questions, how was this departure so badly handled? (And recall that Orr was planning to turn up at the conference the next day and discuss the news, suggesting any gagging may primarily have come from the Board chair, with the acquiescence (at least) of the Minister. But we don’t know.)

The MPC blackball

(As noted above, this is mostly for the record. There is little new material beyond this point.)

In his article, Milne includes this

This is a characterisation I object to fairly strongly, having provided chapter and verse (including through Reserve Bank documents, and reported interviews with the person who was Reserve Bank chief economist at the time and with the person who was Grant Robertson’s adviser at the time) over several years. And from the first hand account of an academic who in any sane system would have been seriously considered but who was explicitly blackballed.

There are two separate parts to this episode though, both extensively dealt with and documented here:

  • the first related to decisions taken by the Board in 2018 about what sort of people to exclude from consideration for appointment to the new MPC (the Board recommends, the Minister decides)
  • the second related to Quigley actively misleading Treasury, and in the process the public, in 2023 by claiming that there was no such restriction.

Of these, the first is indisputable and to almost all serious outsiders quite extraordinary. As one of my former colleagues reminded me recently, it was a standard so absurd that if applied anywhere else in the world people like Ben Bernanke and Janet Yellen would have been disqualified from appointment (both served on the board of governors before later becoming Fed chair).

As I have noted in repeated posts, my knowledge of this blackball never relied on “a Treasury statement”, although the published Treasury statement provided an external hook to hang concerns on. I had been told months earlier by an academic (see above) that he’d been blackballed. I have never named this person (at their request) and have sought to rely on published material, but this was the relevant section of said academic’s email to me in 2023 when the whole issue came to the fore again.

In addition to published comments from John McDermott and Craig Renney, the post I linked to above has extracts from OIA releases setting out the Board’s position that researchers (in macro/monetary fields) should, pretty much automatically, be considered as conflicted and thus ruled out of consideration. The claim that this was about “conflict of interest” was simply absurd (as the academic notes in the email, in light of abundant overseas precedent (not just in the UK but, eg, in Sweden and the US), and any potential issues readily dealt with through the MPC Code of Conduct).

But absurd as the 2018 policy and practice was, I guess it was a lawful (ie legally open to the Board) choice. And had the Minister at the time strongly objected, I guess he could have pushed back and insisted that the field for consideration include active researchers in macro-type fields. That it is what actually happened was confirmed to the Herald in 2023 by Chris Eichbaum (one of those Milne talked to, former Board member in 2018/19) who confirmed that the blackball had been in place. Eichbaum defends the approach, but does not dispute that it was the policy/practice then: experts were explicitly excluded (consistent with the academic above’s account).

Eichbaum got involved again because earlier in 2023 Quigley had on two separate occasions denied to The Treasury that there had ever been such a blackball, suggesting that a Treasury official (who had since left, and could conveniently be thrown under a bus) had simply gotten the wrong end of the stick and had misadvised the Minister. In the context of questions around whether the blackball was still in place by 2023 this (very ill-advisedly) led Treasury to make a public statement denying that there even had been such a restriction, and tossing their own former employee under a bus. This is all documented, in painstaking detail, in the link above (including the email recounting the views of one Treasury Deputy Secretary (now leaving) suggesting that perhaps there really hadn’t been an error (on the Treasury side of the street)).

Eichbaum then talked to the Herald (and later confirmed that he was happy with how his views were reported), saying in effect “I don’t know what Neil thought he was doing. Why didn’t he just say, yes we had a ban then, but we don’t now”. Indeed. There wasn’t a ban in 2023, and a respected macro academic (Prasanna Gai) was appointed last year to the MPC.

At the time (2023) I was half-inclined to make excuses for Quigley (busy man, demanding day job, several years ago, perhaps he really had forgotten). It wasn’t a very persuasive story but I didn’t really want to believe that such a high office holder would actively mislead Treasury (not just once), never even clarifying things after the Treasury statement went out and there was pushback (including here). But events of the last couple of months suggest that when it comes to the Bank, Quigley seems to have been willing to say almost anything, with a close alignment with the truth not apparently being a prerequisite.

I’ve included all this here partly because I am a little annoyed at how Milne treated the issue (granting that he had huge amounts of material, and when I finished talking to him at 8pm on Thursday he was about to start turning it into a story before 5am), but more importantly because I think what this episode – in the 2018/19 and 2023 parts – demonstrates is that Quigley had long since proved himself unfit to be chair of our central bank’s board. The last three months (last week too) have been a debacle, coming on top of (eg) the egregious budget setting last June, all of which proved the point again, but the latest actively misleading shambles does not exactly come after years and years of previously spotless service as Board chair.

Quigley, Orr, and the RB board: edition number 965

This morning as the Quigley/Orr/Board saga rumbles on I wanted to touch on three items:

  • the latest comments from Board chair Neil Quigley (and the Minister’s comments on and to him)
  • a reminder of where this all started, with the Board unanimously approving a budget last year far in excess of what had been approved under their then-current Funding Agreement, and
  • outstanding OIAs.

Quigley

When I wrote my post yesterday morning I’d seen only Quigley’s extraordinary jaw-dropping comments to interest.co.nz suggesting that he had been deliberately (to say the least) economical with the truth and actively misleading the public because they had no right, or particular need, to know. And when Brunskill suggested that this was perhaps inconsistent with the Bank’s oft-boasted commitment to transparency, Quigley let loose with the classic line that “I’m not interested in having you question me like you’re a lawyer”. A journalist doing his job would have been more like it…. It was, sadly, consistent with the Quigley who has long acted as if public affairs are matters only for the chosen and that the great unwashed should really pipe down and be grateful.

Then I saw another story from Brunskill in which he recorded that in a follow-up email Quigley had said that an agreement with Orr limited “the communication we could offer on March 5”. Which may well have been true, but doesn’t take us any further since

(a) it was Orr who resigned, and there were presumably standard resignation terms in his contract,

b) even if they had mutually agreed that the only comment on 5 March would be the agreed official press release i) Quigley did not need to agree to content that actively misled the public (reread the statement it is clearly designed to give the impression of “nothing to see here”, but perhaps suggestive of a long-serving CE who was tired and had accomplished what needed doing), and ii) it was Quigley who chose to give the press conference later that afternoon in which he clearly went well beyond the press release, trying fairly explicit to suggest that it was all just personal reasons – but not conduct or anything of the sort – and more or less explicitly denied it had anything to do with (the emotional overreaction to disappointment around) the forthcoming Funding Agreement.

Then the Minister of Finance entered the picture, giving a press conference at Fieldays (account here)

Which was a good start, although re that final paragraph note that the Board (Quigley) chose what to agree to in the exit agreement. It seems to have been Orr who wanted out. Quigley should have been acting to protect the interests of New Zealanders, including in transparency and accountability.

And then a few hours later a statement emerged from Quigley himself. It came via the Bank’s standard email advisory list (link here to a website version). I really don’t think it helped (and from people I’ve talked to I’m not the only one).

He started with this

“Late” doesn’t even begin to describe it. The bundle they have released – while interesting and revealing in itself – hides as much as it reveals, including almost everything about Quigley’s role, and does not even touch on large chunks of my request (not sure about others but my impression from reading coverage is that others are similarly underwhelmed). And the law is the law, and they knew from day 1 (well actually from when Adrian first said he was going) that there would be intense public interest in this and should have been pro-actively positioned to provide a comprehensive response early, for public and for staff.

As for that 3rd para, as noted above while Orr’s employment contract was a given, it was Quigley who decided what sort of non-disclosure restrictions to accept/impose.

Note that in the early afternoon of 5 March, just an hour before the resignation statement went out, Orr was planning to front the conference the next day and “discuss today’s news”.

As it happened, going through some old articles this morning I found one from 5 March when Dan Brunskill had door-stopped Quigley and asked him about the conference (“Quigley said he did not know whether Orr would still host the central bank’s monetary policy conference”) He had sorted that out by the time of his ill-starred press conference later in the afternoon, but none of it feels like some advance commitment that Orr would disappear in utter silence and no answers would be given for months.

The second bit of Quigley’s statement was this

On the first para:

  • even if there had been an agreement that the only public comment on 5 March would be the official agreed press release (a not unreasonable approach in itself), a) Quigley had a great degree of control over what was (and wasn’t) said in any statement, and b) why then did he seem to go off-reservation with a press conference where again and again he seems to have actively misled the public (acknowledging to Brunskill on Wednesday that he had done so deliberately?
  • the fact that the Funding Agreement hadn’t been finalised is really just distraction. The Minister had already said in public the previous week that she was looking for cuts, documents released show even Orr was reconciled to a lower level of spending than they’d initially asked for (even if not to what the Board was willing to go to to reach agreement with MoF). What stopped them saying “negotiations between the Board and Minister on the next funding agreement are progressing. In straitened fiscal times it is unsurprising that the Minister is looking for cuts. The Governor did not believe that the scale of cuts sought was appropriate and chose to resign”. Sure, it would have been uncomfortable, but….that is what real accountability and transparency means. (And anyway, the Funding Agreement was published in mid April and we got no disclosure until 11 June.)

As for the second para, their treatment of their staff seems to have been particularly egregious. Recall this from their internal Q&As for managers to use with staff.

They lied. They – Board and remaining senior management – had known for weeks at least (it is the released documents) that staff cuts were going to be necessary. That is more or less what public sector budget cuts meant across the board. Staff are adults. They know that. Sure, the final budget numbers hadn’t been determined but it would have been perfectly possible – they had days to do it – to have crafted a message for staff that said “it is now certain that our funding next year will be materially lower than this year’s operating budget. We do not know how much lower but the implications will certainly include staff cuts this year”.

Or, slightly less bad perhaps than the way they actually treated staff, they could just have stonewalled and said “no comment, no comment, no comment” when staff asked what was going on.

Can Quigley survive? He certainly shouldn’t but who knows. When a journalist asked me last night I noted that since I didn’t adequately understand why Willis had reappointed Quigley for a final two year term last year, one couldn’t be confident she’d do the right and necessary thing, but I still reckoned that within a month there was a better than ever chance he’d be gone. Victoria University’s Martien Lubberink suggested on Twitter last night that he was buying a lettuce. The original lettuce outlasted Liz Truss. I hope this one lasts longer than Quigley. Any good he did in his 15 years on the board seems long long past and there needs to be change at the top now.

Budgets

I was in a meeting yesterday and chatting over lunch with people who aren’t very focused on central banking or government finance issues, and a couple asked “what was Orr planning to do with all that money?” My response was simple: it wasn’t what he was planning to do in the future, but rather that the money had already been spent. And in breach of the Funding Agreement they’d signed with the Minister of Finance in mid 2023 (an agreement that covered the 23/24 and 24/25 financial years, amending the 2020-25 five-yearly Funding Agreement).

All the details of this are in a post I wrote last month. But to quickly summarise:

  • in that 2023 amendment the Bank had been allowed to spend about $154.4 million on (within scope) operating expenses in 2024/25,
  • the Bank’s Board adopted on operating budget for the same (within scope) items for 24/25 of $191 million, 23 per cent above the level of operating expenses Grant Robertson had allowed them for 24/25. This Budget was adopted unanimously by the Bank’s Board last June (and overall budget numbers were included in the Statement of Performance Expectations published then),
  • the Bank’s bid in respect of its next Funding Agreement, also adopted unanimously by the Board, involved a 7.5 per cent cut from that $191 million level (with a bit of sleight of hand in proposing to move some more things out of scope).

If you doubt the story, here it is in their own words

Spend up hugely, far beyond what the Minister of Finance had allowed – something no other government agency or department could do – and then offer up modest savings relatively to that grossly inflated (and improperly authorised level).

Consistent with this, they’d increased staff numbers from, 601 to 660 between 30 June last year and 31 January, and the documents revealed Orr talking of a plan to take it as far as 742.

It really was that simple, that extraordinary. And if it represents an abuse of office in respect of New Zealand taxpayers, it was almost worse in respect of their own staff. People had taken on new jobs in those last few months as the empire continued to be built even as Board and management were (at best) deceiving themselves about the fiscal environment and the sort of restraint that might reasonably be expected from them (as most other public agencies).

Now, there are still a couple of puzzles around the role of the Minister and Treasury. As my detailed post documents, the Minister of Finance had to be consulted on that Statement of Performance Expectations (containing the budget). We do not yet know whether she ever pushed back strongly at that stage (just after last year’s government budget).

And then there was this, spotted in the recent (government) Budget Summary of Initiatives document

The savings are good, but it looks as though Treasury had included in the HYEFU numbers much much higher levels of spending than the Minister eventually accepted, and more in line with the Bank’s opening bid. Why did they do that, when those higher levels were well above the previous Funding Agreement? Had conversations with the Minister in the second half of last year indicated that she was then fairly relaxed? We do not know (but really should).

So, it was never a bid for even more, it was about consolidating most of the extraordinary growth in spending and staff in recent years, the last and most egregious bit (in 24/25) having happened without any ministerial authorisation, quite inconsistent with the statutory instrument governing Bank spending, the 2025-30 (amended) Funding Agreement.

Outstanding OIAs

I saw a serious observer on Twitter the other day note that he’d had several OIAs in with the RB since February (clearly not Orr resignation related) and had not yet had a response.

My experience isn’t that bad, but…..

On the spending levels and the Minister’s involvement, I still have this outstanding

All this will have been readily accessible. If Quigley is serious about sharpening up the Bank’s OIA act, perhaps he could get them to address this one rather more promptly.

And then there was my request regarding the Orr resignation events. I didn’t put one in until quite late, and deliberately touched on only some specific aspects. This was lodged with them on 14 April

In their official response to me on Wednesday they claimed that the document dump dealt with this request.

It didn’t. I had already pointed out to them that the first request had almost nothing to do with the Governor’s resignation (and of course nothing in the release dealt with that). This morning I went back to them as follows

It is as if they either can’t/won’t read, or somehow think the Official Information Act doesn’t apply to them. I’m not optimistic of getting anything more (well, at best this side of 2028 if it involves the Ombudsman), but they can’t get away with claiming they’ve responded to OIAs they’ve chosen to ignore.

And then there is this outstanding from The Treasury, which should be due in the next few days.

The Orr story (well, part of it anyway)

Months after various OIAs had been lodged on the question of Adrian Orr’s sudden departure on 5 March, we finally got a partial dump of documents this morning.

(Sufficiently mishandled that at 10:04 this morning they’d send an email to OIA requesters saying they’d email out the response at 10:45 and then have it on their public website at 11 (it being usual to give requesters at least some advance notice)). Then it seems they changed their minds because the emails didn’t come until after 11. And then it turned out – they emailed us again – that they’d sent only a near-final version of the Summary Statement they were releasing, not the final version that is on the website. There are material differences between the two – see below.)

I noted above that this was a partial release. Why do I say that? Because what is released today contains:

  • nothing of advice to or communication with either The Treasury or the Minister (or her office),
  • nothing of any discussions between the non-executive members of the board and Orr, including reactions/responses when he first intimated his intention to resign,
  • no records or summaries of any meetings or conversations among non-executive directors

And those are just the omissions that I reckon were covered by my OIA on this matter (mine was only one of a number they claim to have responded to with their omnibus release this morning).

But, to the substance:

Strangely, and after months of speculation, these comments from my post the morning after the resignation ended up looking closer to accurate than I had recently supposed.

We have known for some time now that they had actually bid for a big increase in Funding Agreement resources over the levels allowed them by Grant Robertson just prior to the last election (and their statutory roles hadn’t changed since then), justifying this on the – simply extraordinary – grounds that it was in fact a modest cut relative to their own 2024/25 Budget; the one in which they had set out to spend far far in excess of the amount Robertson had allowed them for the last year of the previous Funding Agreement.

Both that 2024/25 Budget and the $1 billion funding agreement bid had been unanimously adopted by the Board last year (Orr himself was a board member). Details of all that are in this post.

Here is the text from the Summary Statement released (in error it appears) to OIA requesters this morning

For a start, this description seems odd. First, the Governor works for and to the Board not vice versa, so why the talk about Board members negotiating with Treasury “under the direction of the Governor”? But, second, all this paragraph talks about the Governor having a view as to what future budget resources were needed, but never mentions that the Bank’s bid had been adopted by the Board itself (the Funding Agreement is an agreement between the board – as the Bank’s governance body – and the Minister). Maybe Orr led the non-executives by the nose when the Funding Agreement bid was signed off last year, but in the end it wasn’t his call.

Then the Board seems to get blamed for bowing to reality. Too little has yet emerged of the Funding Agreement process documentation, but it seems likely that Treasury and the Minister had made pretty clear that a Funding Agreement that involved a large increase in funding relative to what Grant Robertson had approved just wasn’t going to be acceptable in these straitened fiscal times. It isn’t clear when the Minister or Treasury finally pushed back, but eventually they did, and the Board – recognising that ultimately choices about acceptable resources levels were for the Minister – had adjusted to that reality. Orr, by contrast, didn’t.

Here is the version of the Summary Statement that is now on the website (where there have been changes)

Note the attempt to shift the emphasis away from that meeting with the Minister of Finance on 24 February (the one that has already had quite a bit of coverage, with the Minister’s press secretary having to advise her to avoid answering a question about whether the Governor had ever shouted at the Minister).

Either way, what we are left with is a hotheaded Governor who finally came face to face with reality….and could not cope. And a Board which seems to have been as worse-than-useless as had been widely supposed since most of them were appointed in 2022, but who – in the end – could actually face reality.

Look at those descriptions about “The matter was distressing for Mr Orr” (or “This caused distress to Mr Orr”). It is a bit like a bloodless description of a moody teenager having lashed out in the playground.

Fiscal restraint has, in fact, been the order of the day for (most) central government agencies since the change of government. Many chief executives probably had had grand visions for how much additional growth their agencies needed, and even perhaps a belief that in some sense the national interest demanded it. But almost all of them – perhaps MFAT aside, which wasn’t asked to – faced reality, and got on and implemented the budget cuts that were demanded of them. Not one seems to have thrown his or her toys out of the cot and stormed off with no notice. They acted like adults, people who’d developed the resilience we like to help shape in our children as they grow. But not Orr.

And that is why I don’t think it is at all correct to characterise his departure as just a dispute over budgets. Plenty of people have conflicting views on budgets, and it wasn’t as if – even when the final Funding Agreement decisions were made – the Bank was being asked to operate with very material cuts at all relative to the last spending level approved by a Minister of Finance (a big-spending one at that). He just wasn’t going to get to grow his empire even bigger (you may recall from earlier posts that the Bank had grown staff numbers from about 600 on 30 June last year to about 660 on 30 January this year, and in the documents there is a note from Orr dated 5 Feb talking of having wanted to get up to 742 FTEs.)

It really looks to have been a toxic combination of headstrong volatile chief executive (who’d been lying to Parliament again just days prior to that critical meeting with the Minister), weak or non-existent accountability from his Board, and an utter lack of resilience or perspective which you’d only really expect to see from someone at the end of his tether. That is reinforced by that line in the final official version about how “the impasse risked damaging necessary working relationships”. Not among decent disciplined people – the Funding Agreement was a matter for the Board and the Minister (primarily the latter) and the Governor’s job as employee and chief executive was primarily to implement the agreement and manage within approved resources, and to do so in an effective not petulant way. After all, the reduced budget wouldn’t even come into effect until 1 July (so perhaps a resignation effective 30 June?)

Let’s grant (charitably) that Orr really really believed that the Bank’s statutory functions could only be performed with the $1 billion budget (and 40 or so senior managers). In those circumstances, perhaps the best thing to do was to move aside and let someone else take his place. But normal people – normal chief executives (see, eg the Vice-Chancellor of Auckland University today) – give notice, and work out that notice, enabling the governing body to do a thorough careful search for a permanent replacement. They don’t storm off with no notice, having engaged senior lawyers to negotiate an exit (presumably there were conventional resignation provisions in Orr’s contract already), offering no explanation whatever, despite holding one of the most powerful public sector positions in New Zealand.

If Orr emerges really badly from this Statement and document dump, he isn’t the only one.

Take the Board (Quigley and the other non-executives) for example.

It remains beyond belief how they (a) signed off on a budget last year so far in excess of the Robertson-approved levels, and b) how they ever imagined that it was appropriate to treat that unauthorised level as some new-normal base against which they could then offer up tiny cuts. Did any of them ever push back against management and insist that the Governor stress-test for them a range of alternative budget scenarios? (If so, there is no sign in the published minutes).

And where was the Board in controlling the process at the end? Why did they let the Governor simply leave office the day of the announcement, rather than insisting on him working out notice? Why did they grant him (presumably paid) “special leave” for the period 5 March to 31 March (rather than, say, making him take annual leave if his resignation was going to be legally effective until 31 March). And why did they allow such a pig’s breakfast of a communications debacle to (a) occur, and b) persist for months?

To be sure, both the Board and the Minister were put in a difficult position by the Governor’s petulant walk-off. They hadn’t, as at 5 March, finalised the Funding Agreement (indeed, the Minister’s later releases on that subject suggest some continuing back and forth over the coming weeks), so they probably couldn’t release the whole picture.

But as it was they actively misled both their own staff and the wider public.

On staff, this is from a set of internal Q&As given to managers the day after Orr’s resignation to use with staff.

When in fact, on their telling now, it was all about looming significant budget cuts (relative to the Bank’s own budget, if not relative to the previous Funding Agreement) the Board had, perhaps reluctantly, accepted and the Governor has refused to (and petulantly stormed off).

As for the wider public, Neil Quigley – the Board chair, with an unfortunate reputation now for not being straight on RB things, but somehow succeeding to keep getting reappointed – held a short press conference late on the afternoon of the resignation.

In it, he told us that he (he avoiding answering for the Board) had still had confidence in Orr? How is that possible when your chief executive stormed out the door apparently because he couldn’t live with not getting a further inflated Funding Agreement and reckoned he couldn’t work effectively with the Board and/or Minister?

Then he was asked whether Funding Agreement issues played a part. Accordingly to the transcript I was kindly sent his response was

“we are working through some views about the funding of the bank, the board is in the process of finalizing its submission to the Minister about our next funding agreement. So that conversation about funding has involved the normal challenge that you would expect, and has been constructive. So the board is managing that process”

Which is just utterly at odds with what we have learned today.

(The very next question Quigley was asked was what about the big conference the next day, and the thought that the resignation might overshadow it. He responded “with the decision that Adrian had made, he decided actually that it was better not to be in front of the conference, having made that decision himself”. Which is weird – if not overly important – as in today’s document dump there is an email from Orr, at lunchtime on 5 March, less than an hour before the resignation went out, talking about how he’d be proudly opening the conference the following day, “there to discuss today’s news”….)

The press conference went on

Q: Reserve Bank governors don’t just up and resign? What has been the precipitating factor to what you call this personal decision

A: I think you have to remember that the job of the Reserve Bank Governor is one where you face unrelenting critique of your actions. You know, no matter what you do, there are near alternatives that other people say that they would have taken. And so there is a time when you think having achieved what you wanted to achieve, that’s enough.

And I guess that isn’t inconsistent with an emotional end-of-his-tether story, but….it is rather at odds with today’s revelation that the Board had accepted budgetary reality and the Governor had simply refused to.

And finally

Q, Had the government, had the government communicated to you or Adrian any issues that triggered him coming to you in the last few days?

A. No, there’s no, been no direct communication officially from the government on anything that I could think of in that.

Except that that is just evidently not true, given a) the meeting with MoF on 24 February and b) the now official statement that by the Board meeting of the 27th it was clear that the Board and Minister were willing to agree a number the Governor could not accept. The initiative for cuts was not, it is pretty clear, coming from the Board but the government.

We were actively misled (some would use stronger words). If you weren’t willing to give honest answers, why would a decent person hold a press conference at all? No one compelled him to.

And, a final question for the Board, why did not insist that straight answers be given weeks ago? If it was difficult to do so on 5 March, there can have been no possible excuse once the Funding Agreement itself had been agreed between the Board and Minister (published 16 April, almost two months ago now). The public was owed straight answers as soon as reasonably practicable (which also happens to be the OIA legal standard). The Board, and/or the acting/temporary Governor, seems to have been unbothered. But accountability is about things that are awkward or uncomfortable for you, not just the things you want the public to know.

Incidentally, the Minister of Finance also seem to have abetted keeping the public in the dark (if, perhaps, less directly responsible than the Board). This came out in an earlier Herald OIA, reported here

She must have been advised – assuming what the Bank today told us is true – that actually funding agreement issues were at the heart of the departure.

To wrap up, neither Orr nor the Board emerge with much credit from this affair – Orr none at all, having led the drive to the bloat and loss of focus, failed to read the (fiscal times), and then with so little self-discipline and without the sort of maturity one should be able to take for granted in someone holding high office as Governor, and the Board only a modicum for having very belatedly bowed to reality and accepted that the funding agreements weren’t going to go on rising forever.

Orr has gone, and you might think (hope) that after such an astonishing display he would struggle ever again to get a top-tier job.

But the Board – hardly changed at all over the last year – remains, and in particular Neil Quigley continues (reappointed by this government) as chair for another year. In that role, he drives the selection process for a nominee for the new Governor. This is the person with a track record of actively misleading the public on RB matters even before this last blow-up (remember his assertions, contradicted by both documents and his colleagues, that experts had not been blackballed from the first MPC), but who, more importantly, was responsible for driving the reappointment of a Governor so out of control and personally undisciplined that he couldn’t live with some budgetary restraint (recall that the final level MoF imposed represents pretty minor savings relative to Robertson’s last approved levels) and couldn’t even manage a disciplined and tidy no-drama exit. To add to which, Quigley was Board chair when that egregious 24/25 Bank budget was set. Every day he remains in office diminishes our central bank, and it is astonishing that the Minister of Finance has done nothing to force the issue, to make clear that the government no longer has confidence in Quigley to chair the Board, particularly given the vital role the Board has in the selection. We simply cannot afford another appointee – from Quigley and his board – even half as bad as Orr.

(There is more material in the documents released – including a 14 Feb email from Quigley to Orr suggesting that a deal was likely to be done with Treasury in the following few days – but that is enough for now.)

UPDATE: A response to this OIA should also be due shortly

Hard to believe really

Take a scenario, just as a thought experiment for now.

A new government gets elected, amid a lot of rhetoric about excessive increases in government spending and public service numbers. They pretty quickly move to require government departments – typically funded by Parliament through annual appropriations – to cut their spending. Typically these agencies were being expected to make cuts of 6.5 per cent or 7.5 per cent.

You are part of the governance structure – Board member, CEO, perhaps other top tier managers – of a powerful public agency, one that doesn’t really do “frontline services” types of stuff, but also one that isn’t directly funded by Parliament. Instead, by law every few years your agency agrees with the Minister of Finance how much you can spend for each of the following few years. When the government changes there is still a little more than 18 months to run on your latest agreement – itself in fact a variation agreement made just a few months earlier, just before the election, that had substantially increased how much your agency could spend over the remainder of the agreement period.

How would you react in such a situation? (How do you like to think you would have reacted?)

One other big agency in New Zealand, not directly funded by Parliament either and not directly subject to the new government’s savings target, early on decided that they really needed to move with the spirit of the new environment. They (Board and CE presumably) adopted a 6.5 per cent cut themselves, telling the media that while they weren’t within the formal government plans “there’s a very clear expectation that we’ll make material cost saving”.

It is the sort of way I hope I’d have behaved had I been in their shoes.

Of course, there is another approach. After all, under the law governing this agency, they get to set their own annual budget. Remember that there is an agreement with the Minister, but actually there is nothing in law that forces them to actually spend in line with that agreement, and no direct consequences if they fail to do so.

So, another possibility, knowing that your agreement has 18 months or so to run, is simply to ramp up your organisation’s budget for the final year of that old agreement – perhaps to levels well above what is approved in the agreement – and then when it comes time to negotiate with the Minister of Finance on spending levels for the following five years, you simply offer up a 7.5 per cent saving from the hugely increased budget you yourself had set just a couple of months previously (all while shuffling a few more costs into the out-of-scope category to reduce even further the extent of the proposed “savings”).

And that, readers, is the story of what Adrian Orr, Neil Quigley, and the Reserve Bank’s Board did. It was simply extraordinary. Quite shameless really. Longstanding readers will know I have not been a fan of the Orr/Quigley stewardship of the Bank but…..I wouldn’t have guessed, without seeing it in writing, that their approach would be quite so openly shameless.

I wrote about the Bank’s new Funding Agreement quite a bit last month. The final and most comprehensive post was here. There are still lots of unanswered questions, but in early May – just before I headed off to PNG – the Bank released on its website a redacted version of the initial bid they had put in to Treasury, as adviser to the Minister of Finance, in September 2024 (NB: Thanks to the RB comms person who got in touch to draw my attention to this document.) This was the bid for $1 billion or so ($981 million opex and $50 million capex, both over five years), for things that would be covered by the Funding Agreement (quite a lot wouldn’t). I only got back to reading it this week.

To recap, in September 2023 Grant Robertson had agreed to a (further) increase in the Bank’s Funding Agreement spending for the last two years of the 2020-2025 agreement. For the year to 30 June 2025, the amount of core operational spending Robertson had approved was $149.44 million. In that previous funding agreement there was also a separate line item for direct currency issue expenses and Robertson agreed that if they underspent that they could use the balance for general operating expenses. That gave them perhaps another $5 million.

So as the Bank’s Board and management approached the setting of the 2024/25 Budget those were the parameters they were supposed to be working within. But they also had information from the Minister of Finance about future intentions. On 3 April she had sent the Board her annual Letter of Expectation, which contained these points

In the general

And the specific

A responsible Board member would surely then have read the times and concluded that (a) they really needed to ensure that the 2024/25 Budget was, at worst, no higher than what Grant Robertson had allowed (bearing in mind that most agencies were getting those 6.5 to 7.5 per cuts even in 2024/25) and b) that any bids for the new 2025-30 Funding Agreement should be kept no higher (whether in real or nominal terms) than the 2024/25 approved level of spending. The focus was clearly intended to be reprioritisation, not further increases (in an organisation whose operating spending and staff numbers had already increased massively in recent years).

That is what a responsible Board member, looking to the public interest etc, would have done.

It wasn’t what the actual Board and senior management did. Instead, they adopted and published a budget for operating spending (captured by the Funding Agreement) of $191 million for 2024/25. Recall the spending that Grant Robertson – Mr Big Spender himself as Minister of Finance – had allowed the Bank for 24/25: $149.44m plus (on their budget) $5.5m from the underspend of their direct currency expenses allowance. The approved budget for 24/25, on items covered by the Funding Agreement, was 23 per cent in excess of what Robertson had allowed them, having already had those counsels of restraint from the Minister of Finance in her April letter. (As I noted in earlier post, there are mysteries around whether the Minister raised any objection at the time – she had to be consulted – which maybe an outstanding OIA will shed some light on, but that isn’t the focus of this post.)

That Budget was approved in June 2024 and in late August the Board approved the Funding Agreement bid (note that the current “temporary Governor” while not then a full Board member himself was in attendance throughout the relevant Board meeting). It was sent off to the acting Secretary to the Treasury, signed by both Orr and Quigley, on 13 September. And here from the second page of the covering letter (with a 40+ page document) was how their bid was sold, in blaring headline

In the body of the document it is repeated: “this approach would achieve savings of 7.5 per cent from our baseline operating expenditure, as requested by the Minister of Finance” [a footnote here refers the reader to the 3 April Letter of Expectation].

Ramp up the budget to 23 per cent above (previous Minister’s) authorised levels…..and then graciously offer a 7.5 per cent “cut” from that level. Really quite breathtaking… In fact in the previous paragraph they carefully noted that they had “had regard” to the Minister’s stance in her Letter of Expectation. Read, thought about, and then ignored would seem a more accurate description, all while attempting to spin Treasury and the Minister of Finance (nowhere in the document do they claim, for example, that the previous Funding Agreement levels were inadequate and needed to be increased. They simply take their own budget as the starting point, claim to have heeded the Minister, and end up “offering” a level of spending well above (in real and nominal terms) what even Grant Robertson had approved.

There is more sleight of hand when it comes to staff numbers. The government had seemed to be looking for agencies to be slimming staff numbers. In the year to June 2024 the Bank had increased staff numbers by 18 per cent (another 90 people), and in their Funding Agreement bid you get the sense that the “current headcount” was, in their view, roughly adequate for the things they had to do. And in fact later in the document they suggest that their preferred option would involve a net headcount reduction of 19 people. But what they didn’t point out to Treasury (or thus to the Minister) is that at the very same time they were handwaving about potential savings, they were going hell-for-leather to further increase staff numbers. We know this because the paper the Minister of Finance finally took to Cabinet in March tells us that the Bank increased staff numbers from the 601 at the end of June 2024 to 660 (FTE) by the end of January 2025. So they had no intention of actually cutting staff numbers, just of slightly slowing the rapid further increase they were already recruiting for. Now, sure, acute readers must have realised that such a huge operating budget increase in 2024/25 must have involved further increases in staff numbers, but….they were left to work it out for themselves. In a political and public spending climate in which Orr and Quigley and all the rest of them were only too well aware of sensitivities around rising staff numbers.

It is all pretty disreputable, shabby, and borderline dishonest (I didn’t spot an actual verifiable lie in the document; it was all in the self-serving misleading framing). Among the ongoing mysteries is why, when Treasury received this bid, they didn’t take a quick look and send it straight back with a demand that the Board revise the starting point back to (say) the previously approved (by Robertson) level of opex, not the Board’s own inflated budget which bore no relation to what the previous Minister of Finance had approved them spending. It wasn’t until March this year, after Orr’s departure, that there was finally a revised (much lower) submission.

And although the Orr/Quigley initial submission had strongly suggested that the Bank needed every one of the proposed billion dollars to function, reality seems to disagree. Just a couple of weeks ago the “temporary Governor” completed a restructuring of his top tier, in which the number of (very expensive) roles was reduced from about nine to four. Not hard to economise when you try (when the Minister’s choices finally compelled it). The Governor has gone of course (he’ll eventually be replaced), as have Assistant Governors Smith (finance), Kolich (data), Robbers (strategy, governance, and sustainability), Strategic Adviser Prince, and the grapevine reports that another of the Orr hires, Assistant Governor Owen (risk and legal) has also resigned. It is really only a start, since Board chair Neil Quigley and all the board members who approved and endorsed this egregious funding bid are still there (although the terms of two expire next month). And are we really to believe that all along the Deputy Governor, Hawkesby, hadn’t been endorsing the approach?

And then, of course, there is the lack of transparency. In that Funding Agreement bid they explicitly told Treasury that once a new agreement was reached “our intent is to publish the final version of our Funding Proposal on our website”. Which sounds quite good, but…. the new Funding Agreement was published on 16 April. It is now 20 May, and although they have published a redacted version of the first proposal (which is a start) there is no sign of the final revised March bid. In fact, I have an OIA request in for it

Just yesterday I heard back from the Bank

Of these:

  • the first relates to the question of whether the Minister ever pushed back on the proposed 24/25 budget
  • the second covers two specific and easily identified documents (the first now released – see above), and
  • the third is to shed light on whether the Board pushed back at all on what management was proposing (is the final version different in any material extent to what went to Treasury.

None of these documents will take any particular effort to find, and at least one they promised Treasury nine months ago they’d publish. But…..in the way of public sector obstructionism, they’ve just taken another six weeks to respond to a fairly straightforward request. Isn’t that convenient for them.

It really is staggering that a government-appointed Board chair could try it on quite as egregiously as Quigley did (in league with Orr) and still hold his very well-paid role ($200000 for a part-time role), including leading the process of selecting a nominee to be the next Governor.

A bit more unpicking of RB spending and the Funding Agreement

[See update note at the very end of this post which means that some parts of this post – re 24/25 spending – need correcting and reframing]

In yesterday’s post I tried to present the Reserve Bank Funding Agreement for 2025-30, as approved by the Minister of Finance and the Bank’s Board, in the context of the previous agreement, and the variation to that agreement signed up to by Grant Robertson a few weeks before the last election (which hugely increased the amount available for operating expenditure). Against that benchmark, yesterday’s agreement didn’t seem to display much restraint at all, even on the headline figures.

The Minister of Finance had sought to make much of (a) how much lower the agreed numbers were than the first bid made by the Bank last September (a total of $1.03bn over five years for both capital and operating expenditure – capex being only $50m in total), and b) relative to a number we had never seen before, what she described as the Bank’s operating expenses budget for 2024/25 of $200m. This latter was the basis for the much-publicised 25% cut claim.

I was a bit dismissive of that presentation, and what seemed mostly to be spin (unlike the RB’s own press release).

So I’m now going to try to step through it all fairly painstakingly and more slowly/carefully than I did yesterday.

First, here are the operating expenditure numbers for things covered by the 2020 Funding Agreement, showing both the original agreement and the August 2023 variation.

There were really big increases granted in that 2023 variation (far more than, say, implied just by the inflation surprise). Note too that spending for 23/24 was allowed to be much higher than in 24/25. I’m pretty sure we never got a specific explanation for that, but it probably related to some major new initiative.

By law, the funding agreements are required to specify maximum expenditure for each single year (the Bank can’t just pick and choose, transferring money from one year to the text on a whim). However, in the 2023 variation Grant Robertson explicitly allowed the Bank to treat the last two years as a single aggregate pool (apparently he had done the same for the last two years of the previous agreement). In principle, I have no particular problem with that (although of course most government agencies would have to come to Parliament and get a fresh appropriation each year) but it opens up a number of risks.

And here are the old and new Funding Agreement opex numbers, expressed in constant 2024/25 dollars (for each year I’ve used the level of the CPI for the average of the relevant Dec and Mar quarters).

There are a number of ways to look at that series. One way is to compare spending in 29/30 with the average allowed (over the full five years) under the previous Funding Agreement. Those two numbers are almost identical.

Another might be to compare 29/30 with the approved Funding Agreement level for 24/25. That implies a cut of about 6 per cent in real terms.

If we wanted to be slightly partisan about it (Willis can only be held accountable for stuff that has happened on her watch), approved opex for 2029/30 will be a little over 10 per cent higher in real terms that what was approved for 22/23, the last full year of the previous government.

In each of those comparisons note that the fresh exclusions from what is covered by the Funding Agreement mean that 2025-30 numbers are understated relative to the numbers for earlier years. It is pretty unsatisfactory that neither the Bank nor the Minister (nor Treasury) has provided any sort of reconciliation table to provide a clearer sense of magnitudes.

But all of those comparisons are between Funding Agreement approved numbers for each year. What about comparisons with what the Bank has actually done, or planned to do, in the current (24/25 year).

In the Bank’s Statement of Performance Expectations, published in the middle of last year and fully adopted by the Board (signed by both Quigley and Orr), these were the Bank’s financial forecasts for the current year.

Total operating expenses were forecast then to be $231 million. That was an increase from $186 million the previous year, and $105 million as recently as the year to June 2021.

As it happens, and shortly after the Statement of Performance Expectations came out I wrote a post about some aspects of their numbers

It was pretty breathtaking stuff. What I don’t think I’d noticed by then was that the Minister of Finance had already, in April 2024, set out this is her annual Letter of Expectation to the Board.

That seemed pretty clear. $149.4 million was the baseline for what they were allowed for (Funding Agreement covered) opex in 2024/25, the Minister seemed to be pretty clearly encouraging them to focus on reprioritisation not bids for more and yet (a) the Board signed up to a massive increase in opex for 24/25 (well ahead of the Funding Agreement number for that specific year) and b) then in September bid for a big increase in real opex spending allowances for the coming five years (roughly a 25 per cent real increase).

But how does that $231 million number compare to the $149.4 the Bank was allowed under the then Funding Agreement for 24/25? There we get some hint from a helpful table in the Bank’s 2023/24 Annual Report

Now, this has to be read carefully too. You will notice that the Funding agreement: annual allocation number ($177m for 2023/24) isn’t the same as the Funding Agreement number in the first table above. That is because in the 2020-25 Funding Agreement there is a separate category for “direct net currency issue expenses” (currency is, after all, a profit centre for the Bank so there is some logic in treating it separately). In the year to June 2024, $13.5m was allowed for that set of expenses (subtract that from $177m and you get the $163.5 in the table above).

You will also notice that of the total operating expenses ($186m that year), $28m were for items not covered by the Funding Agreement at all (these exclusions matter, and as noted above they are growing).

So lets go back to that $231m budget for 2024/25 that the Board approved in mid 2024. Of that, $14.5 could have been for those direct currency issue expenses (that was what was allowed in the Funding Agreement), but another table in the Annual Report suggests that in 2022/23 and 2023/24 actual net currency issues expenses had only been $5-6 million per annum, and the Minister’s Cabinet paper says that the latest budget for currency issues expenses for 24/25 is $9m. In absence of further information, and with a little extrapolation, we’ll allow $30m as having been for things not covered by the Funding Agreement at all. Subtract those two items and you are left with $192 million, which is a lot larger number than the $149.4 million allowed for 24/25 in the Funding Agreement (2023 variation).

Now, you will also note in the table – penultimate line, although not clearly labelled – that in 2023/24 the Bank had underspent the Funding Agreement amount by $19m (some mix of currency and other opex), and so – per the Robertson agreement mentioned above – they could in 2024/25 spent up to $19m more than what had been specified for that year alone. That would take the permissible limit to $168.4. Even that number is still a long way short of what the Bank was actually budgeting for the year (see previous para), and it relied scope for one year’s spending that shouldn’t have been prudently used for anything other than one-offs, since a new Funding Agreement was just about to be negotiated, in a period of straitened fiscal circumstances, and when the Minister had already warned them about the future. And yet they were planning a 21 per cent increase in staff expenses in a single year – the final year of the old agreement.

As noted earlier, in the Minister’s Cabinet committee paper – and her press release – she referred several times to an (apparently revised) Reserve Bank operating expenses budget for 2024/25 of $200m. If we take off $30 million for spending not covered by the Funding Agreement and $9m for currency expenses that would get us back to $161m, still substantially more than the $149.4 allowed for that specific year, although lower than what would have been allowed in that year from carrying forward the previous year’s underspend.

You have to wonder at what point the published budget was revised so sharply (down 13 per cent for the full year). Perhaps Treasury had some input when the saw how far out of line the published budget was?

It wasn’t as if this big increase in opex for 2024/25 looks to have been all about one specific project. According to the table in the Cabinet paper, in 2024/25 there is a 40 per cent increase in spending on the core functions (monetary policy, markets, and financial stability), following a 48 per cent increase the previous year. And the support functions (now running at more than four times the level of spending in 2017/18) also see spending rise 17 per cent this (24/25) year.

The Minister’s Cabinet paper, released yesterday, told us that total staff numbers (FTE) had reached 660 by the end of January. Last year’s Annual Report tells us that as at 30 June last year – only 7 months previously – they’d had 601.3 FTEs. It is staggering increase in the last year of a five year Funding Agreement – relying for that year’s Budget on a big underspend the previous year, and despite the Minister’s warning of coming fiscal stringency.

It seems pretty clear that Orr, Quigley and the rest of the Board were engaged in a strategy designed, in effect, to try to bounce the Minister into agreeing to a new higher baseline spending number that (probably) would have been even higher in real terms for the next five years that what they were spending in 2024/25. If so, and it is difficult to read what happened any other way (given that we know what the Bank bid for last September) it is really pretty inexcusable conduct all round (and frankly pretty poor behaviour vis-a-vis staff, since it was a risky high-wire act and if it didn’t come off it was likely to be staff who paid the price.

All the exclusions (and changes in exclusions – for example, those net currency expenses now have just a five yearly total cap rather than annual provisions) mean it is difficult to know with any certainty how much the Bank is really being cut back relative to this year’s spending

Take that $200m budget for 24/25, subtract $30m for spending excluded even in the previous Funding Agreement and $10m for net currency expenses and you are back to $160m. The new Funding Agreement allows for spending in 2025/26 of $155m BUT there are new exclusions. There is this one, which is at least quantified

That might be $5m per annum. In addition (and as mentioned yesterday) spending around the CDBC project is also newly excluded and there are a number of other items. Subtract those of the $160m budgeted on Funding Agreement covered items and you get pretty close to that $155m. Even allowing for a couple of per cent of inflation, there isn’t much sign of real spending cuts – in an organisation that had massively increased spending as recently as, well, this current year.

For the period beyond that there looks to be somewhat more restraint imposed on the Bank but it is nothing very dramatic, in an organisation where spending and staff numbers have blown out in recent years, and kept doing so in 2024/25. (And as noted in yesterday’s post, the Minister rejected Treasury’s push for lower numbers.) Actual real spending later in the Funding Agreement period remains – per table near the start of the post – well above what was spent in the last full year of the previous government.

There are a lot of numbers in this post, and several at least are uncertain. But the bottom line seems to have been one where the Bank’s Board and Governor tried it on, with their preposterous bid for much higher Funding Agreement operational expenditure. Thankfully that made no headway with the Minister. No one seems to emerge with much credit, and if you were inclined to make an allowance for The Treasury there is the mystery of how that huge operating expenses budget ($231m) happened in the first place. Surely they were aware before the thing saw the light of public day?

As for the Minister of Finance, the attempt to claim a 25 per cent reduction relative to this year’s budget looks even more disreputable than I realised yesterday. At least 20 per cent of that budget seems to be on items that weren’t even covered by the (previous) Funding Agreement.

The Minister of Finance appeared on RNZ this morning and from the resulting story it appears that she wanted to emphasise a message that “New Zealanders are doing it tough…..We expect you to show some restraint. Focus on your core statutory requirements”. Which is good stuff as rhetoric, but the reality seems to be one where the funding the Minister has approved will only stop the Bank continuing to expand further (having already expanded for one more year than almost all other government agencies), and do little or enough to ensure they are focused on the core stuff. That’s a shame, and I’m sure most New Zealanders would prefer a few more (say) kidney transplants than cementing-in very high levels of spending – far far above pre-Orr levels in real terms, and above even levels late in Labour’s term – at the central bank.

Perhaps it is only a few geeks and nerds who really care about the law being followed in these obscure matters, but as a reminder

There is still no sign of a budget (let alone a nice to have like a proper reconciliation table).

UPDATE:

Here is another way to try to look at it

The blue bars are actual (real) operating spending by the RB on things covered by the Funding Agreement, with the 24/25 numbers being per the Bank’s budget disclosed in the Minister’s Cabinet paper. On the headline new Funding Agreement (and allowing for 2 per cent inflation) we get the red bar. Allowing $7 million for the new exclusions – $5m for the Deposit Takers Act implementation (see above) and (somewhat arbitrarily) just $2m for the rest – we get the yellow bar. If the yellow bar is roughly right, real spending (like for like) in 25/26 would be 4.4 per cent lower than in 24/25 and barely lower at all than the actual for 23/24 (more than half of which year was under the current government).

Because we do not know the precise value of new exclusions, the yellow bar is illustrative only, but the direction is pretty clear. All the other numbers are from RB documents or the Minister’s Cabinet committee paper.

UPDATE 19/4: There is a mistake in this post, in interpreting the 2024/25 budgeted spend. A full post, revising and amplifying the story, will follow on Tuesday.

What was the story re Orr’s resignation?

It is almost six weeks since the shock announcement early on the afternoon of Wednesday 5 March that the Governor of the Reserve Bank, Adrian Orr, was resigning effective 31 March, and that in fact he had already left and an acting Governor was already in place. Orr had been (controversially) reappointed in late 2022 to a second five-year term that still had a little over three years to run. In his seven years in office he’d been a near-constant figure of controversy, not least for his role as chair of the Monetary Policy Committee which had not only let inflation run out of control then needing to bring about a (mild) recession to get back in check, but for the $11 billion of losses the Bank had sustained punting in the government bond market. His relationships with anyone but sycophants and yes-men seemed strained – whether the rapid turnover of senior managers, his treatment of external critics, or the very evident rather dismissive and at best frosty relationship with the current Minister of Finance when she was in Opposition. On many occasions – including at numerous select committee hearings – his relationship with the truth also seemed tenuous.

It is good to see the back of him, but it really isn’t adequate that we’ve had no explanation at all for the sudden departure, sufficiently precipitate that he simply walked off the day before he was due to host a research conference, with speakers of the eminence of Ben Bernanke, to mark 35 years of inflation targeting. Orr’s own comments – the only ones being in the official statement (linked to above) – shed no light at all on the reasons for his resignation or for the precipitate departure. Neither the Bank’s Board nor the Minister of Finance has shed any light at all, including on why they allowed their employee to simply walk off with no (effective) notice whatsoever. What were the relevant provisions in his contract, and were they enforced? One can think of circumstances in which an employer might want an employee- senior or junior – out instantly (eg if there were serious behavioural issues or if someone was resigning to take up a position that involved a direct conflict of interest – eg when Don Brash left the Reserve Bank to go into politics, or if Orr had resigned to go and work for a bank or funds managers), but generally people expect to (and are expected/required to) give a decent amount of notice and to work out that notice. As just one example, when the Deputy Governor resigned a few years ago he gave four months notice. Why wasn’t Orr working out a decent length of notice?

I’ve been looking back through articles etc from 5 March, and what limited material has emerged since. The line that caught my eye was from Infometrics’ Brad Olsen on the day of the resignation:
“Let’s be very blunt. The Board of the Reserve Bank needs to front, they need to front urgently, and they need to be open and transparent. Anything less is just not acceptable”

And yet “anything less” is just what we have got. No straight answers from either the Board or the Minister of Finance. The Bank likes to boast of its commitment to transparency, but as I’ve had cause to observe numerous times over the years while they are very open about things they want us to know, they are consistently obstructive about much of the rest. Serious transparency involves openness even when it is uncomfortable or embarrassing. Anything else is really just PR/spin.

Early candidates for the explanation for Orr’s departure were disputes with the Minister of Finance over either (or both) the Bank’s budgets and (forthcoming new) Funding Agreement or bank capital etc regulation. It had been only a week previously that the Minister had finally confirmed publicly that she would be looking for savings from the Bank.

Neither of those factors ever seemed adequate to account for what we knew. After all, despite suggestions that the Bank had actually been bidding for more funding, pretty much every government agency had had to live with budget cuts in the last year, and no other chief executive is known to have tossed his/her toys and stormed off in protest. The Bank and Governor must have known that fiscal restraint was going to come for them too. And the Board chair told us that while discussions were ongoing nothing had been finalised by 5 March. And even if the Governor had concluded that in his best professional opinion the Bank couldn’t do its job on the level of funding the Minister and/or Treasury were proposing, why storm off with no notice (around a not-yet-finalised agreement) when the new Funding Agreement was not even due to come into effect until 1 July this year? Giving notice that he’d be going on 30 June would have seemed to (relatively) mature and responsible approach had fiscal concerns been the key to Orr wanting to leave.

Much the same goes for issues around bank capital regulation. The Minister has been quite open that she had been taking advice on possible changes to the legislation to allow her to determine key prudential policy parameters. Reasonable people can and do differ on that. A central bank Governor might have regarded such changes, had they been confirmed, as simply unacceptable and not a regime he/she would be willing to work under. But there do not seem to have been any confirmed decisions, legislation takes time to put in place, and again…..3-4 months notice would have been quite reasonable if the Governor had concluded that someone else should pick up the baton for the years ahead. There is nothing of such apparent urgency to account for simply walking off with no effective notice at all.

Same goes if the Governor had simply come back from his summer holiday and decided he no longer has enough “gas in the tank”, was tired, and thought it was time to go. Plenty of people do come back from holidays thinking it is time for a change (plenty of them then settle back into the routine of the year), and look around for another job and/or give notice and move on. People might even sympathise with a senior official who got to that point. But it doesn’t make sense of Orr’s departure….with no effective notice at all.

If anything, the mystery – and a sense that the Board and Minister are keeping important stuff from us – was highlighted by the OIA response obtained from the Minister of Finance by the Herald’s assiduous Jenee Tibshraeny, as reported here. (I’m guessing she probably has a similar request in with the Bank itself, but is probably being obstructed and delayed there.)

Those documents suggest that Orr had last met with Willis on 24 February. By 27 February, Board chair Neil Quigley had been in touch with Treasury Secretary Iain Rennie about Orr, and Rennie advised the Minister of this conversation (substance of which was withheld). Most strikingly, the documents show that on the morning of 5 March “Reserve Bank staff sent Willis’s staff a draft press release for the resignation announcement, dated 10 March” (the following Monday, and after the inflation targeting conference was out of the way). And yet by 1:30pm on the 5th the resignation announcement went out – Orr himself was already out – with staff (on both sides of Bowen St/The Terrace) having scrambled to finalise press releases.

Something must have happened that morning. It simply cannot have been developments around either the funding agreement or bank regulatory policy (and although I can’t verify these claims I have heard a couple of times from people I trust that (other) people very close to the situation have confirmed that neither was the explanation for either the departure or the suddenly expedited announcement and no-notice nature of the exit).

Then there is the other document reported in the Herald article: some proposed Q&As for the Minister prepared by her press secretary. This particular press secretary must have been particularly averse to openness, suggesting that in response to a question “Did you ever have disagreements with Adrian Orr” she answer (in essence) “no comment”, when surely almost any minister and agency CE worth their salt would have disagreements, including on policy issues, from time to time.

Then there was this one

Which has to be the ultimate answer designed to deflect, and yet in the process suggested there really was something there. David Farrar picked up on this issue thus

It would be pretty extraordinary for a senior official to raise his/her voice with a minister (sadly, vice versa is not unknown), and although Orr was not formally a public servant, it would still be pretty grossly unacceptable behaviour from such an official and something the Board should have been alerted to. Unfortunately, Orr’s impulsive and undisciplined nature means that raising his voice at the Minister sounds all too plausible.

But, even if so, still not an adequate explanation for why the resignation was brought forward at the very last minute.

The Herald article also reports that (a) the Minister told her press secretary not to give out the purpose of the 24 February meeting (not exactly committed to transparency is she?), b) wasn’t briefed by her press secretary on answering questions re bank capital (presumably the press secretary didn’t think that was the story), and c) Willis was advised to say “not that I’m aware of” if asked if the resignation had anything to do with either the funding agreement or her opposition to his 2022 reappointment.

So where does it leave us? We – the public – are clearly being stonewalled by both Willis and the Bank’s Board (while Orr, now no longer a public official is saying nothing at all). The usually supine Finance and Expenditure Committee – currently launching an inquiry into improving performance reporting and public accountability – is living down to form.

Faced with the set of facts (the unquestioned known ones), and applying something like Occam’s Razor, most reasonable people would deduce that something pretty serious and potentially scandalous must have gone on. The facts?

  • resignation with no-effective notice (out of the door by the time the announcement hit the screens (Quigley told questioners that the acting Governor had been in place from “lunchtime today”)
  • resignation on the eve of a significant and fairly prestigious conference, where CEO level hospitality would normally have been expected,
  • resignation accelerated at the last minute (10th brought forward to the 5th),
  • person resigning not indicating anything about (a) a new job, and b) even general new career directions,
  • other proffered stories (funding, bank capital) making no sense of the stylised facts, even from an undisciplined and volatile character like Orr.  (Health hypotheses also don’t work, as even a short non-specific mention of health as the explanation would have quickly allayed questioning and resulted in widespread sympathy.)

There are, of course, problems with a conduct/scandal hypothesis.

Specifically, Neil Quigley appears to have denied it at his hastily-called short press conference later on the afternoon of 5 March.   Someone who was there kindly sent me a transcript, which this draws from.

Quigley’s first answer on this point might appear to have wriggle room.  Asked if there were “any conduct issues outstanding”, Quigley replies with a simple “No”.  But, of course, it isn’t exactly unknown for questionable conduct to be dealt with by way of quid pro quo: someone resigns and an issue is taken no further.  Once the resignation is lodged and accepted (as it clearly was by late on 5 March) there wouldn’t be any conduct issues “outstanding”.

But a later question seemed to allow less wriggle room: asked whether there were any “policy, conduct and performance issues which are at the centre of this resignation”, Quigley responded “we have issues that we’ve been working through, but there are no issues of that type that are behind this”, and in a follow-up clarified that the issues they’d been working on had been the policy/funding issues.   But was he then primarily answering about “policy” rather than the other limbs of the question?

There is also a final question, where the transcript isn’t fully clear.  Quigley appears to have been asked if there are “current issue with Adrian” and if there had been “any complaints”.   He is recorded as responding “I’m not going to go into that because that’s history”, and something about “some things that have made as a public record’ [perhaps past concerns about Orr’s treatment of people like Roger Partridge and Martien Lubberink] “but I don’t intend to go into those now” before he walked off and terminated the press conference.

Quigley also stated that Orr had still had his (Quigley’s) confidence, while avoiding answering a question that was about the Board’s continuing confidence.

The problem is that Quigley (a) doesn’t seem to be giving straight answers, and b) has form.   Thus, if the only thing you read was the transcript of his press conference you’d get the sense that the story was somehow about Orr feeling the job had been done and it was time to move on.   But that makes no sense of what we now know (the rush to bring forward the announcement to that afternoon), and he provided no compelling explanation when asked why Orr hadn’t just stuck round long enough even just to be hospitable at the conference.   And even what he did say doesn’t make much sense of a “time for a change” story, noting that he and Orr had been in discussion on “this and exactly how it would play out over a few days”. 

And, as to Quigley’s “form”, regular readers will recall his denial –  and putting Treasury in a place where it went public with a denial –  that there had ever been any sort of blackball on expertise when the first MPC members were appointed five years ago.  Not only did personal testimony contradict him (people who were told by Quigley himself they would not be considered because they were active experts), but so did the documentary record (OIAs), and comments from one of his own fellow Board members who’d been actively involved in the selection process back then.

One final straw in the wind is that just a few days after Orr left, a release quietly appeared on the Reserve Bank’s website advising that one of Orr’s several deputies, an Assistant Governor responsible for Information, Data, and Analytics, had resigned.  There was no indication of any other job to go to, and the departure date was less than three weeks from the date of the announcement (by contrast, another Assistant Governor resigned last year, offering more than two months notice).    Perhaps there is no connection to Orr’s departure.   But the coincidence in timing, with no specific job to go to, should at least prompt some questions.

We (the public) still have no idea what actually happened.  And that really isn’t good enough from either the Board or the Minister about the holder of such a consequential office.    But what we do know is enough to lead a reasonable interpreter to fear that it really may have been something around Orr’s conduct.   If not (and one genuinely hopes not) a straightforward explanation could set the record straight very quickly.  And if so, people shouldn’t be able to hide behind private commitments to secrecy that might serve the interests of some of the powerful, but are hardly likely to serve the public interest.

Not much parliamentary scrutiny

This was the post I was planning to write this morning to mark Orr’s final day. That said, if the underlying events – deliberate attempts to mislead Parliament – were Orr’s doing, the post is more about the apparent uselessness of Parliament (specifically the Finance and Expenditure Committee) in holding him and the rest of the Bank (other MPC members, Board) to account. This is just one small example.

I was brought up – 7th form and university history – on the courage of the likes of Hampden and Pym in the House of Commons, resisting over-mighty acts of the executive, but I guess these days too often too many MPs seem more focused on becoming part of the executive themselves.

A few weeks ago one Saturday afternoon I wrote a short post about a letter I’d sent to the chair of the Finance and Expenditure Committee (in that capacity), cc’ed to the senior opposition member, about what seemed a (and yet another) pretty blatant and deliberate effort by the Governor at his most recent FEC appearance to mislead (or worse) the Committee. Orr had done so with two of his senior managers, and fellow MPC members, sitting either side of him. They’d done nothing to clarify and correct what Orr had told the Committee. I suggested that perhaps the Committee could consider inviting the Bank to verify the Governor’s claim that the RBNZ had been one of the first central banks to tighten and one of the first to ease.

The letter had been sent on Friday 28 February (so while Orr was still at work, before any of us had any hint of a forthcoming resignation) and more than a week later I’d heard nothing (the chair’s auto-reply had indicated he’d respond within 3-5 working days).

(I could add here that I’m not in the habit of writing to parliamentary committees or ministers. OIA requests aside, I think I’ve written one letter to a minister in 10 years, and the odd submission on legislation had been my only contact with FEC itself. I’ve occasionally exchanged notes with, and even met, some members of FEC, but only at their initiative.)

Anyway, the post seemed to have been brought to the attention of the two MPs.

On the following Monday morning (10 March) I heard from Barbara Edmonds’ email account

And that was that.

From the committee chair, Cameron Brewer, there was a little more. He sent me an email on the Tuesday afternoon (11th). In that email he claimed that he hadn’t wanted to respond while research was underway, and implying that his office really should have sent me a holding reply.

What research? Well, it seemed that he had asked the parliamentary library staff to look into the matter. He even sent me a copy. This was first bit of it (highlighting added)

It was pretty clear that the research hadn’t been requested the previous week, but at – what seems like – very short notice indeed. So short that the poor parliamentary staff hadn’t even had time to check all the OECD central banks, even though it takes about 30 seconds to do each one. And, by their reckoning (having left out 10 of the relevant central banks), the Reserve Bank had indeed been third (of their sub-sample) to tighten (and something like sixth to ease).

Brewer passed this along, apparently content that it seemed to vindicate the Governor (and if so I guess there was no need to do anything so awkward as bother the Bank). But he did add “If this information falls short of your expectations, I’m happy to put your email formally to the committee for them to acknowledge receipt or action further.”

I went back to Brewer the following day, pointing out that parliamentary staff had simply not checked a large group of OECD central banks, drawing the distinction between euro-area and other central banks (thus there were only about 20 independent sets of monetary policy), and repeating the listing I’d referred him to in my first letter, showing that the Reserve Bank of New Zealand had been roughly middle of the pack (by date) in both tightening and easing. I noted that the parliamentary research had not identified any mistakes or errors in my listing, and so it wasn’t clear how – incomplete and all – it shed any useful light.

(Note that the issue has never about macroeconomic significance – there is none in the rank ordering, when every country faces its own unique set of macro circumstances and inflation risks/threats – but about a senior public official appearing to deliberately mislead Parliament, aided and abetted (by their silence) by senior colleagues, all with no apparent consequences.)

As to where to next, I was a little torn. It was pretty clear that Brewer wanted the issue to go away, and of course Orr had announced his resignation (while still being in office until today) between me writing the letter and him responding. So, assuming it would be the last I heard, I ended my email back to him pretty emolliently.

“Quite how you choose to pursue (or not) this matter is of course over to you.  Given that parliamentary committees routinely ask follow up question of government agencies that appear before them, my suggestion had been that at least you ask the Bank for the evidence and/or argumentation to back the claims made by the Governor.”

But, there was more to come. I got this reply.

“Thanks Michael. Good points. Let me put it back to them. Appreciate your comprehensive work in this area. I honestly did not know our international rankings on monetary tightening and loosening during that period, hence expressed no opinion and appreciate your response (as I sought unvarnished from you in my last email) to the Parliamentary Library’s paper.”

It was a bit odd, since my concern wasn’t with the Parliamentary Library staff, but with the Reserve Bank (the senior public officials who had actually misled FEC).

I went back to Brewer thus

“In some respects the specifics of my original email to you (28 Feb) has been overtaken by events (Orr’s unexpected early resignation), and obviously it is up to you and the committee whether you want to pursue it any further (given that other RB managers sat silently by).  That said, in some respects the thing I’d urge you to think about more is how under the (soon to be appointed) temporary Governor and then a new permanent Governor you will hold the Bank to account and ensure you are consistently being given straight answers.    Ideally, of course, the character of the new appointees will be such that no further serious issues of this sort arise.”

Anyway, they must have given the Parliamentary Library staff a bit more time this time as I heard nothing more until last week.

In the meantime, as I’ve previously highlighted on Twitter, a reader had drawn my attention to a new OECD report which (p 32) actually addressed the timing matter directly (at least as far as easings) in a summary table

Contrary to what the Governor had told Parliament, the RBNZ was (of course) not among the first to ease.

Last week, I heard back from Brewer’s EA. 

….we have compiled a more extensive report, noting your concerns. Again, I strongly emphasize that this comes from Cameron in his personal, and induvial [sic] capacity as an MP. Formal matters would need to be raised with the committee itself.

We will leave the findings to your expertise, and hope you find it helpful. We will leave this with you.

Many thanks for taking the time to write.

I was rolling my eyes at this point. Did writing to the committee chair, explicitly in that capacity, cc’ed to the senior Labour member of the committee, somehow not count as “raising it with the Committee itself”? And “we will leave the findings to my expertise”, when the issue was never the data – which anyone could track down with an hour’s quick internet searches – but whether MPs were bothered about being lied to. They apparently weren’t.

But Brewer’s EA did send me the Parliamentary Library’s new piece…..which told me exactly what I already knew, and had raised with FEC, that the Reserve Bank was not among the first to tighten or the first to ease. In fact, here is their table.

The Parliamentary Library (now) know that Orr was simply making stuff up. So does the OECD. So, in fact, does anyone who even bothered to check. So, it seems, now does the chair of FEC. But he and his members simply don’t seem at all bothered. And that, it seems, is Parliament for you.

I was overseas last week and was recounting this experience to a colleague over dinner. He was, understandably, a bit flabbergasted. After all, he noted, surely Orr’s initial claims were just factual and easily verified (or otherwise)? Well, indeed. And why would a parliamentary committee not be bothered about having been lied to? Well, there I couldn’t really help him. I explained that the timing of the resignation perhaps eased any pressure they might otherwise have felt, but it didn’t seem even close to a decent explanation, since (as I had noted to the – new – FEC chair) this was only the last in a long series of Orrian efforts to mislead the committee, his senior colleagues had sat by silently (again) while he did it, and if we are looking (as the law says we must) to the Bank’s Board to lead the selection of a new Governor, surely asking them questions about their past Governor’s egregious behaviour might have shed some useful light.

But instead we live in the age of Donald Trump, Pete Hegseth, and Karoline Leavitt where truth and straightforwardness in public officials seems at best an optional extra…..even, it seems, in New Zealand.

(And, to be clear, had Brewer come back to me the day Orr announced his resignation and said something like “thanks for raising those concerns, which do seem a little troubling, but since the Governor has now resigned there probably isn’t much mileage in us pursuing this specific any further”, I’d probably have gone “fair enough, that’s life” and moved on.)

UPDATE: Cameron Brewer, the chair of FEC, has commented below in response to this post. Readers are encouraged to read his comments. On specifics, I will have to take his word on when the first lot of information was requested from the Parliamentary Library, but assuming that is so it leaves a number of questions, including why Brewer or his EA didn’t go back to the Library staff straight away and ask them to check the rest of the central banks (might have taken them another 20 minutes). Or, indeed, ask the Reserve Bank to verify the Governor’s claim (given that this initial request for information was before Orr’s unexpected resignation).

Farewell to Orr

Today is the last day in office for the Governor of the Reserve Bank, Adrian Orr. Of course, he hasn’t been in the office since 5 March when, on the eve of his major international conference, his resignation was announced and he stormed off with no (effective) notice and no explanation.

I’m not going to waste my time or bore readers with a retrospective assessment of Orr’s overall tenure. I recently reread the couple of substantive posts I wrote on prospects at the time he was appointed, and although I was probably more openly sceptical than most, I wasn’t nearly pessimistic enough. But if the initial appointment was (perhaps) pardonable, he should never have been reappointed, and his departure now is both welcome and long overdue.

When Orr’s resignation was announced, we were told that his deputy would be acting Governor for the rest of the month and were led to believe that from 1 April a formal “temporary Governor” (explicitly provided for in the Act) would be in place. Here is the extract from the Bank’s statement

and this is from the Minister’s statement

But then this appeared in The Post this morning

It may be legal (although the RB spokesperson appears to have the details wrong as the Act does not seem to impose a deadline on the Minister, only on the Board, and – if Orr’s resignation really is effective only from today – they’d appear to have another 28 days even to make a recommendation)

but it certainly isn’t what we were led to expect on 5 March in either announcement (see above). There doesn’t seem to be any good reason for the Bank’s Board not yet to have made a recommendation to the Minister. They’d had more than three weeks already.

As per earlier posts, I think it is quite inappropriate that board chair Quigley is still in office. The government should have prevailed him to do the decent thing and step aside so that someone new can lead the search for a new permanent Governor. But even if the government were so minded, it isn’t a good reason for not getting a proper temporary Governor in place, and for not having a recommendation on the Minister’s desk already. Probably most people expect Hawkesby to be appointed as temporary Governor, and if that was the Board’s inclination it should have been quick and easy to decide on that recommendation. Of course, it is always possible that the Minister has in mind something different and is in back-channels and unofficial conversation with the Board about just who they might nominate (“back-channels and unofficial” since the Act is clear that the onus is on the Board to nominate and on the Minister only to accept or reject).

It all seems rather sloppy and lackadaisical (dating right back to those 5 March press releases, which perhaps had to be churned out in a hurry). And one reason countries typically give long (and fixed) terms to central bank Governors is precisely so that Ministers of Finance cannot do what the Stuff journalist suggests and make decisions about short terms based on whether someone makes monetary policy decisions to the Minister’s satisfaction (not that I am suggesting Willis will). And if this process is sloppy and lackadaisical it only compounds the bad impression made about a country and its central bank when the incumbent Governor resigned with no notice and not a word of explanation.