Meng Foon has accused the Prime Minister's Office of leaking news about his planned resignation and is now reconsidering his decision to quit as Race Relations Commissioner.
He was planning to formally tender his resignation on Sunday after concerns were raised about whether he had adequately declared his interests.
But Foon now says he changed his mind after he was blindsided on Friday when news of his pending resignation emerged.
The former Gisborne Mayor says he will wait for the Government's process around his declarations to play out further and then decide whether to resign.
Newshub has contacted the Prime Minister' Office for a response.
Associate Justice Minister Deborah Russell has been considering advice on Foon's position after she was told by the Human Rights Commission (HRC) that he had failed to declare a range of interests, including in emergency housing. She came to the conclusion that his actions warranted his dismissal.
But Foon says he declared his interests prior to becoming the Race Relations Commissioner in 2019. He admits, however, he didn't re-declare this during a recent HRC inquiry into emergency housing because he didn't think he needed to.
Foon told Newshub on Monday morning that he last week wrote directly to the Prime Minister about what he calls an "ultimatum" from Russell "that she will probably sack me or that I resign".
He said he told the Prime Minister he was planning to resign on Sunday.
"Not long after that, the news broke out and everything was mayhem for the news. I thought, oh gosh, I haven't even put in my formal resignation letter to [Russell]. I said, it must have leaked out of the Prime Minister's Office."
Foon said, "politics is politics" and he wasn't surprised.
"I understand why people do these things. They may actually want to push my hand and make it go quicker," he said.
Foon said he was "disappointed" to see "matters of sensitivity" sent to the Prime Minister and then "leak".
Foon told Newshub he will now wait for the process to play out further before deciding whether to resign. He said it was disappointing to have to change his mind.
"I am going to wait for the process now and I just want to see what the minister is going to write to me about," he said.
He expects he will then be able to respond.
Foon said he felt he was being chucked under a bus.
"Other MPs haven't declared their interests and they have stayed in office, so why can't I? Why am I treated differently? I am still working for our people and still do an important part of the role I am in. I just want to be treated fairly, I want to be treated justly."
Foon's latest comments come after chaos last week over whether he was quitting the HRC.
On Friday afternoon, Newshub contacted Foon asking if he had resigned.
"No I haven't resigned," Foon replied.
However, moments later, the Prime Minister's Office released a statement from Russell saying Foon had tendered his resignation.
It said Chief Human Rights Commissioner Paul Hunt had told Russell in May that Foon "had failed to declare a range of interests" as required under the Crown Entities Act.
Russell said a company directed by Foon received Government payments during his term as the Race Relations Commissioner for providing emergency housing.
"The Human Rights Commission conducted an inquiry and produced a report on emergency housing which Meng Foon had been involved in deliberations for, while never adequately declaring his interest," Russell said.
"Off the back of that and a report from the Human Rights Commission Board into his failure to adequately declare these interests which found that he breached his duties under the Act, I sought advice from the Ministry of Justice."
After meeting with Foon and taking advice, Russell said she came to the view that Foon's actions were serious enough to warrant removal.
"Had the process been completed it is probable I would have determined his actions represented a serious breach of the Crown Entities Act and I would have taken the next steps to recommend to the Governor-General to remove him from his office."
But Russell said Foon had "chosen to resign".
Foon then sent through a statement saying he had told the Prime Minister he would resign on Sunday "but the news has beaten me".
He said he was planning to resign "for my error of judgement on political donations and our company is an emergency housing provider".
He claimed to have declared that his company was an emergency housing provider in 2019 prior to his appointment as the Race Relations Commissioner.
"I refute strongly that I didn't declare my interest of emergency housing to the HRC and the [Ministry of Justice]. As they received my interest before I was appointed and before I took up my role as RRC."
Foon claims to have been "transparent" with the commission, but acknowledged he didn't declare his perceived conflict at a housing inquiry board meeting "as I didn't think I needed to". In hindsight, he admits this was a "mistake".
A statement soon came through from Hunt in which he called Foon "a man of the people" who had made "an unfortunate mistake".
"Apart from its staff and stakeholders, the Commission's greatest asset is its independence from government – its impartiality, its political-party neutrality. Meng's resignation is an important and courageous act to protect that independence," Hunt said.
Foon had apologised to the HRC board, the statement said.
In a Facebook post on Saturday, Foon said he hadn't seen the HRC's release before it was published.
The revelations follow a probe into Foon's donations to Labour and National candidates while holding the Race Relations Commissioner role.
The Human Rights Commission said at the time it took neutrality "extremely seriously" and would assess reports of Foon's donations.
Foon told Newshub then that he could be independent.
"Regardless of which role, it has been a family tradition to support left and right parties in our family. From the time of my parents to now."
One of those he donated to at the 2020 election was Kiri Allan, who became the Justice Minister following the election.
The Justice Minister recommends to the Governor-General who to appoint as Human Rights Commissioners.
Foon was appointed to the role in 2019, prior to Allan becoming the Justice Minister.
