Southland animal welfare allegations raise a bigger issue
Released 13 Oct 2010
Federated Farmers has not only rejected the serious, but anonymous animal welfare allegations being levelled against it, but is raising serious concerns about the conduct of an internal investigation into the behaviour of Ministry of Agriculture & Forestry (MAF) personnel, from earlier in the year.
"This is a big smokescreen, designed to take attention off a live investigation by MAF into alleged bullying," says David Rose, Federated Farmers board member.
"These anonymous accusations are so over the top and totally wrong, that it's hardly worth responding to them specifically.
"For the record, Federated Farmers absolutely does not condone the maltreatment of livestock. Over many years, we have worked closely with MAF on animal welfare issues. We actually have a Memorandum of Understanding with MAF on how we can constructively work together.
"Yet earlier this year in Southland, farmers raised with us, major concerns about the conduct of MAF enforcement officers. This allegation was so serious, that we raised them with the Minster who agreed to a confidential internal investigation to establish what took place.
"After negotiations with MAF officials, we secured a written confidentiality agreement to ensure a free flow of information around these allegations of bullying, as well as terms of reference.
"We are appending the ‘Use of and Confidentiality of Information' we have with MAF with this release.
"This agreement was critical for all parties to get to the bottom of things and 16 Southland farmers contributed written statements to the investigation.
"Furthermore, the Terms of Reference we have with MAF states ‘this investigation is to be undertaken on the clear understanding that all information supplied by farmers and associated parties, written or otherwise, is supplied in confidence'.
"We took this agreement seriously but it appears others have not.
"Given the selective release of information under the Official Information Act (OIA) related to an incomplete investigation, we now want to know what else has been released.
"Federated Farmers has little choice but to follow this up with appropriate entities," Mr Rose concluded.
For further comment please contact:
David Rose, Federated Farmers board spokesperson, 027 414 2573
Lachlan McKenzie, Federated Farmers co-spokesperson on animal welfare, 021 382 442
MAF Investigation into MAF Staff Behaviour - Use of and Confidentiality of Information:
From: Warwick Foran [mailto:Warwick.Foran@maf.govt.nz]
Sent: Tuesday, 6 July 2010 2:46 p.m.
To: Mark Ross
Cc: George Capes; Steven Butcher
Subject: MAF Investigation into MAF Staff Behaviour - Use of and Confidentiality of Information
Hi Mark
Thank you and Lachlan for meeting with George Capes and myself today.
I understand that some of Federated Farmer's members in Southland who might wish to make available information on the behaviour of MAF staff involved in a series of recent animal welfare inspections on various Southland properties, have some unease that MAF might use the information they may provide to "prosecute or persecute" them.
As George and I explained today the information collected from farmers about the behaviour of MAF staff will be obtained and used by MAF's internal audit people (our Assurance and Risk team) not by our Animal Welfare people. It will stand completely alone from any animal welfare investigation and/or potential prosecution. We will not, as part of this investigation into the behaviour of MAF staff, be going onto farms to look at animal welfare and thus will not be collecting additional animal welfare information/data as part of this process. The audit team will be focussed on the complaint about the MAF staff and will be obtaining information from them in that regard only.
In the event that any farmer supplying information felt that the Ministry was using the information supplied as part of this investigation into the behaviour of MAF staff involved in the inspections inappropriately, then the farmer has every right to go to the Ombudsman and seek redress. This isn't the only avenue open to farmers who are concerned that MAF is behaving unreasonably and/or is abusing its power and authority. Other avenues open include making a complaint to:
- The State Services Commissioner ;
- The Minister of Agriculture and Forestry;
- The Prime Minister; or
- The Office of the Ombudsman.
A further alternative is to take Court action by way of judicial review of MAF's actions. This option will cost money (legal fees) whereas the others should cost nothing.
The suggested confidentiality clause below is based on our experience with these sorts of investigations. What we know is that in the event that either party is not satisfied with the outcome of an investigation (in this case into the behaviour of MAF staff not the animal welfare investigation itself) the door must remain open for the information to be accessed by any duly authorised person or body. That is, this allows for an 'appeal' to someone like the Ombudsman to have access to the information. This is what is meant by the phrase "except where this information is required for court proceedings etc, etc" in the clause below.
"Confidentiality Clause
The Ministry of Agriculture and Forestry and Federated Farmers (on behalf of farmers providing information in respect of this investigation into alleged inappropriate behaviour by MAF staff) agree to keep information supplied by farmers and the Report produced by the audit team confidential to the Minister of Agriculture, Director-General and Deputy Director-General (ICC) of MAF, Federated Farmers National Office Staff and Federated Farmers Board Members, and the Farmers concerned (but only in relation to information about each of them and events occurring at their property) except where this information is required for court proceedings, investigations by statutory officers (such as the Ombudsman or Privacy Commissioner) or any other relevant commissioners , or subject to questions raised in Parliament or any Parliamentary inquiry."
In respect of farmers having information about MAF farm visits to their properties; as we've discussed previously, the reports from individual farm visits undertaken by the Animal Welfare Inspectors will be made available to the individuals concerned. We must (and will; and are happy to) release this information.
Mark, I trust this will allay the fears of your members and will let us get onto commencing (and thus completing) our investigation into the allegedly inappropriate behaviour of MAF staff ASAP.
Regards
Warwick
Warwick Foran
(Acting) Deputy Director General | Infrastructure, Capability & Compliance | Ministry of Agriculture & Forestry
Tel: 04-894 0394 | Mob: 029-894 0394
Email: warwick.foran@maf.govt.nz
