New messages released under the OIA show Rainbow acknowledged he ‘didn’t get the HRC job’ – then suddenly he did. Madeleine Chapman reports.

“I didn’t get the HRC role but still very keen to help out,” wrote Stephen Rainbow to Act Party chief of staff Andrew Ketels in a text message on May 22 this year. Rainbow had applied for the position of chief human rights commissioner, after being nominated by Act leader David Seymour, and been interviewed for the job in March. He did not receive a text back from Ketels.

But nearly three months later, Ketels did text. “Congratulations!” On that day, Rainbow had been announced by justice minister Paul Goldsmith as the new chief human rights commissioner. “Thanks Andrew,” Rainbow replied. “Appreciate the opportunity to serve my country.” He is due to start in his role at the commission next week.

So how did a man apply for a job, not get shortlisted for an interview by the independent assessment panel, get added to the shortlist by Goldsmith, have an interview, be “not recommended” by the panel, be at the very least under the impression he did not get the job, then somehow find himself three months later with that very job?

‘A gay human rights commissioner’

In early December 2023, Rainbow noticed the Act Party facing a lot of pushback. There were Toitū te Tiriti protests around the country, tense question lines in the House, and NZ First overtaking them in a recent poll. Act’s Treaty Principles Bill, among other policies, was facing intense scrutiny.

On December 7, Act MP Todd Stephenson sent out a press release responding to HRC’s appointment of Julia Whaipooti as a “shared leader” alongside chief executive Meg de Ronde. “Act has long said the people at the Human Rights Commission are left-wing activists masquerading as politically-neutral bureaucrats. There’s no denying it now,” he said. “The Commission continues to exploit precious taxpayer resources to promote co-governance, and has previously campaigned in support of benefit hikes, a ‘living wage’, and restrictions on speech.”

Stephenson then proposed a solution: “The tidiest course of action is to abolish the Commission entirely, commit to political neutrality in the public sector, and leave ideological debates to elected representatives.”

Enter: Stephen Rainbow. It’s unclear what Rainbow’s relationship to the party or to David Seymour was in December 2023, but he was keen to help. He sent a text to Ketels. “Andrew, Stephen Rainbow here. The pushback you guys are facing is not unexpected, but still incredible. Am keen to help if you’re needing any assistance – a gay Human Rights Commissioner for example [cry laughing emoji]. Merry Xmas!”

The nomination

On January 29, after Goldsmith invited the coalition parties to nominate candidates for three Human Rights Commission roles, Ketels got back in touch with Rainbow via email. “David [Seymour] is keen to nominate you for the position of Chief Human Rights Commissioner,” he wrote. “If you are interested, would you like to resend me a CV that reflects the requirements of the position?”

On February 5, Rainbow submitted his CV and an expression of interest addressed to Seymour.

“It seems New Zealand has reached something of a crossroads,” the letter began. “The need for wise heads and upholders of the ‘harmonious relations’ that the 1993 Human Rights Act aspired to is greater than ever.

“My CV may not adequately convey, however, the extent of my personal commitment to human rights.” Rainbow goes on to note his advocacy work for same-sex-attracted people, and notes that he has “written and blogged extensively on some of the challenges same-sex attracted people face”.

The majority of the letter is dedicated to Rainbow’s life and the ways it “has been touched profoundly by people who have been the victims of the non-existence of human rights”. Those people include a number of partners, past and present, who were born or had family in other countries where human rights breaches had occurred.

Rainbow ends the letter with a wish to “explore how my experience could contribute to ensuring the new Chief Human Rights Commissioner rebuilds trust in this role and its critical part in ensuring New Zealand’s commitment to the upholding of civilised values”.

Attached is Rainbow’s extensive CV, including roles as a councillor, general manager, project manager, chief of staff and stakeholder engagement manager. As Rainbow noted, the CV does not convey any experience in human rights or legal work.

In sending through his application, Rainbow commiserated with Ketels on what “must be a challenging time for your office and David as you head into Waitangi Day, so all strength to your team” and said he remained “keen on any other opportunities to assist the new government. Kia kaha.”

The shortlist and interview

As previously reported by The Spinoff, Rainbow was one of 12 candidates considered for the role of chief human rights commissioner. Five were shortlisted. Rainbow was not one of them. Goldsmith then requested that Rainbow be added to the shortlist and interviewed. After the interviews, the panel graded each candidate, marking two as “highly appointable” and three (including Rainbow) as “not recommended”. This was in the final week of March.

In a briefing to the minister from acting chief legal council Edrick Child, it’s noted that “the panel report makes the point strongly that a number of the appointment criteria indicate the role may be more naturally suited to a lawyer, but that is not a requirement of the legislation”.

“Dr Rainbow is not a lawyer but he clearly has an able intellect and his experience as a legislator gives him a useful background for considering legal issues.”

Goldsmith would later acknowledge that this information was incorrect. Rainbow has no experience as a legislator.

‘I didn’t get the HRC job’

The Spinoff has not viewed any communications between the Ministry of Justice and Rainbow stating that he was unsuccessful in his application for chief human rights commissioner. However, in messages obtained through the Official Information Act and seen by The Spinoff, Rainbow sent a text to Ketels in May to inform him that he “didn’t get the HRC job”.

Somewhere between May 22 and August 16, Rainbow went from being an unsuccessful, “not recommended” candidate, to being the successful candidate. Previous questions put to the justice minister about the qualifications and appointment of Rainbow received a brief response that the panel simply recommends candidates, it doesn’t appoint them.

“The panel put emphasis on academic qualifications, whereas I think it’s more important that we have individuals that can communicate ideas well,” said Goldsmith.

Know more? madeleine@thespinoff.co.nz