4. Question No. 4—HousingHon JUDITH COLLINS (National—Papakura) to the Minister of HousingQuestion No. 4—Housing4. Hon JUDITH COLLINS (National—Papakura) to the Minister of Housing: Why do 11 of the high-risk rating categories on the KiwiBuild strategic risk register released in September not show an improving trend?Hon Dr MEGAN WOODS (Minister of Housing): Thank you Mr Speaker. As I explained to the member yesterday a risk register is a list of potential strategic risks and measures taken to avoid or mitigate them. A lack of change in status just indicates that the potential risk has not changed. The risk register that was released to the member last Friday was reviewed in February and other than minor corrections to job titles and an incorrect arrow being changed prior to being released to that member under the Official Information Act (OIA) it has not been reviewed since then. As noted in the letter to the member's office that accompanied the OIA request these are potential risks and a plan to mitigate them should they occur; not risks that are being actively managed and worked through.Hon Judith Collins: Why has the reset of KiwiBuild announced a few weeks ago not resulted in the risk register being reviewed?Hon Dr MEGAN WOODS: As I answered in the primary answer that I gave the member other than a couple of tweaks around job titles there has not been a review of the risk register since February. As the member well knows the reset of KiwiBuild was not carried out then.Hon Judith Collins: I raise a point of order Mr Speaker. I asked why—SPEAKER: No I don't think I need a point of order. The Minister should answer the question. The question was Why?"Hon Dr MEGAN WOODS: Because the risk register has not been reviewed. It is an annual document that is due to be reviewed again by February 2020.Hon Judith Collins: What aspects of the KiwiBuild procurement policies have caused her ministry to evaluate the programme as being at high risk of judicial review?Hon Dr MEGAN WOODS: I go back to the answers that were given in the primary question—that these are lists of potential risks that exist. These are standard management tools that exist across many Government departments and certainly on the advice of the State Services Commissioner something that is good practice for any Government department to have. In terms of the risk mitigations that are in place within the KiwiBuild unit to make sure that they are managed they are all there. All procurement and contracting is done to the highest public sector standards all procurement is done through the Government Electronic Tenders Service (GETS) and the Government standard procedures—all pretty standard stuff.Hon Judith Collins: Why then is the risk of judicial review considered by her ministry to be high rather than say medium?Hon Dr MEGAN WOODS: Again I go back to what I answered the member in the answer to the primary question. These are risks that exist for any Government department that there are processes that need to be followed and what the document lays out is what needs to be done to mitigate those risks and lays them out. This is good public sector practice.Hon Judith Collins: Why is the risk of judicial review over procurement policies considered by her ministry to be a high risk rather than a medium risk or a low risk; what is the difference or is it just a risk?SPEAKER: There were I think three there. The member will answer at least one of them.Hon Dr MEGAN WOODS: When public money is being spent a good Government department needs to consider how it needs to mitigate against any potential risks. Now this is exactly what this register does. In order to do that the department has very clear policies and processes in place as I said in answer to a previous question—procurement and contracting done to the highest public sector standards; all procurement is done through GETS the Government's standard procurement process; all internal contracting or procurement is done in accordance with hard guidelines based on the Ministry of Business Innovation and Employment contracting guidelines used under the previous Government; and any contracts entered into are subject to independent legal advice. These are put in place to mitigate against any potential risk of judicial review.Hon Judith Collins: If it is simply any potential risk of judicial review then why is it listed as high risk? Does the Minister know that answer?Hon Dr MEGAN WOODS: I would've thought the answer was quite obvious that a judicial review—[Interruption]SPEAKER: Order! I want to hear it please.Hon Dr MEGAN WOODS: —of decision making by the unit is something that is high risk for the department and as such that the mitigations need to be put in place to ensure that we are adhering to the proper processes and that is exactly what is being done. Look I get it is the member's job to be political but this is a standard departmental risk mitigation management tool.Rt Hon Winston Peters: Is one of the most obvious answers to that question—and every lawyer should know it—that seeking judicial review is a very low-cost option for an objector?Hon Dr MEGAN WOODS: Yes.Hon Gerry Brownlee: You've got to have grounds.Rt Hon Winston Peters: We know you don't son.SPEAKER: Order! Both of you please.Hon Judith Collins: If it's an issue of risk then why is it that some of the risks shown on the risk register are shown as low risk but the risk of judicial review around procurement practices is still considered a high risk?Hon Dr MEGAN WOODS: Because there is a very complicated procurement process and that means that there has to be diligent processes put in place to mitigate against any potential risk and that is exactly what has been done."