Essential services re: alcohol in licensing trust areas

Nick Smale made this Official Information request to Ministry of Business, Innovation & Employment

The request was successful.

From: Nick Smale

Dear Ministry of Business, Innovation & Employment,

During the recent period of COVID-19 level 4 restrictions, MBIE published a definition of 'essential services' which determined which businesses were allowed to operate. The definition of 'essential services' for alcohol gave special consideration for areas with licensing trust monopolies. The definition was amended a number of times during the lock-down period.

Could you please provide me with the following information:
All correspondence - including but not limited to emails, letters, meeting notes and reports - relating to the definition of essential services for alcohol in areas where licensing trusts hold a monopoly, sent or received during the period 21 March 2020 to 12 April 2020.

Pursuant to section 16 of the OIA, my preferred method of receiving this information is as electronic attachments to an email sent to the address from which the Ministry received this request. Also pursuant to section 16 of the OIA I request that the attachments are provided in the original file format in which they were created, and not as image-only (rasterised) PDF documents, and that they are not watermarked with ‘Released under the OIA’ or similar text, as the law does not require the Ministry to do this.

Under section 19(a)(ii), if the Ministry decides to withhold any of the requested information I have requested, I further request that it provides me with the grounds in support of any reasons for withholding that it has asserted. I also ask that it list each of the public interest factors favouring disclosure that it has considered when making its decision.

I look forward to hearing from the Ministry as soon as reasonably practicable.

Yours faithfully,

Nick Smale

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From: Ministerial Services
Ministry of Business, Innovation & Employment

Ref: 1920-1675

 

Dear Nick,

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 28 May 2020 requesting under the Official
Information Act 1982 (the Act), the following:

 

Could you please provide me with the following information:

All correspondence - including but not limited to emails, letters, meeting
notes and reports - relating to the definition of essential services for
alcohol in areas where licensing trusts hold a monopoly, sent or received
during the period 21 March 2020 to 12 April 2020.

 

Your request is being processed in accordance with the Act and a response
will be sent to you in due course.

 

Please note, due to ongoing COVID-19 response work, requests are currently
being triaged and those relating to Covid-19 processed as a priority.
Remaining requests are being assessed as per the Ombudsman’s guidance
(which can be found here:
[1]www.ombudsman.parliament.nz/news/chief-ombudsmans-statement-official-information-response-times-during-covid-19-emergency)
and processed accordingly.

 

If you have any enquiries regarding your request, or its urgency, feel
free to contact us via email at [2][MBIE request email].

 

Nâku noa, nâ

MINISTERIAL SERVICES

 

Corporate, Governance and Information

Ministry of Business, Innovation and Employment

Level 4, 15 Stout Street, PO Box 1473, Wellington 6140

NZBN 9429000106078

 

 

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From: *OIA
Ministry of Business, Innovation & Employment


Attachment image001.jpg
5K Download


Ref: DOIA 1920-1675

 

Nick Smale

Email: [1][FOI #12912 email]

 

Dear Nick Smale

Thank you for your email of 28 May 2020 to the Ministry of Business,
Innovation and Employment (MBIE) requesting the following information
under the Official Information Act 1982 (the Act):

During the recent period of COVID-19 level 4 restrictions, MBIE published
a definition of 'essential services' which determined which businesses
were allowed to operate. The definition of 'essential services' for
alcohol gave special consideration for areas with licensing trust
monopolies. The definition was amended a number of times during the
lock-down period.

 

Could you please provide me with the following information:

 

All correspondence - including but not limited to emails, letters, meeting
notes and reports - relating to the definition of essential services for
alcohol in areas where licensing trusts hold a monopoly, sent or received
during the period 21 March 2020 to 12 April 2020.

While MBIE will provide you a response, we need to extend the time
available to answer your request.

MBIE’s response will be with you no later than 7 August 2020. However, we
will endeavour to respond to you sooner.

The reason for the extension is that the consultations necessary to make a
decision on the request are such that a proper response to the request
cannot be made within the original time limit.

You have the right to seek an investigation and review by the Ombudsman of
our decision to extend your request. Information about how to make a
complaint is available at: [2]www.ombudsman.parliament.nz or freephone:
0800 802 602.

 

Yours sincerely

 

Ministerial Writing

Engagement, Communications and Ministerial Services (ECoMS)

Corporate, Governance and Information (CGI)

Hîkina Whakatutuki

[3]cid:image005.jpg@01D36DDE.6402D1B0

 

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From: *OIA
Ministry of Business, Innovation & Employment


Attachment image001.jpg
5K Download


7 August 2020

 

Ref: DOIA 1920-1675

 

Nick Smale

Email: [1][FYI request #12912 email]

 

 

Dear Nick Smale

Thank you for your email of 28 May 2020 to the Ministry of Business,
Innovation and Employment (MBIE) requesting the following information
under the Official Information Act 1982 (the Act):

During the recent period of COVID-19 level 4 restrictions, MBIE published
a definition of 'essential services' which determined which businesses
were allowed to operate. The definition of 'essential services' for
alcohol gave special consideration for areas with licensing trust
monopolies. The definition was amended a number of times during the
lock-down period.

 

Could you please provide me with the following information: 

 

All correspondence - including but not limited to emails, letters, meeting
notes and reports - relating to the definition of essential services for
alcohol in areas where licensing trusts hold a monopoly, sent or received
during the period 21 March 2020 to 12 April 2020.

 

MBIE has decided to grant your request. However it will take us some time
to finalise this information for release. We will send you the information
as soon as it is ready and without undue delay.

 

We have also decided that some of the information requested may be
withheld under:

 

o Section 9(2)(a) of the Act to protect the privacy of natural persons;
and
o Section 9(2)(g)(ii) of the Act to maintain the effective conduct of
public affairs through the protection of such Ministers, members of
organisations, officers, and employees from improper pressure or
harassment.

 

I do not consider that the withholding of this information is outweighed
by public interest considerations in making the information available.

 

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

Separate to your OIA request, we are in the process of responding to your
further correspondence regarding the decision to allow only Liquor
Licencing Trust bottle stores to open.

 

Yours sincerely

 

 

Ministerial Services

Engagement, Communications and Ministerial Services (ECoMS)

Corporate, Governance and Information (CGI)

Ext: 41645 | DDI: +64 (04) 901 1645

Hīkina Whakatutuki

[3]cid:image005.jpg@01D36DDE.6402D1B0

 

 

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services

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From: *OIA
Ministry of Business, Innovation & Employment


Attachment image001.jpg
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Attachment DOIA 1920 1675 Nick Smale Response Letter.pdf
163K Download View as HTML

Attachment Definition of essential services for alcohol REDACTED.pdf
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Good afternoon

 

Please find attached a response to your Official Information Act request.

 

Kind regards

 

Ministerial Services

Engagement, Communications and Ministerial Services (ECoMS)

Corporate, Governance and Information (CGI)

Hīkina Whakatutuki

[1]cid:image005.jpg@01D36DDE.6402D1B0

 

 

[2]www.govt.nz - your guide to finding and using New Zealand government
services

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Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.

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Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
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intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
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From: Nick Smale

Hi,

Thanks very much for the information provided.

Can I ask that you please check that there has not been an error in omitting pages from the pdf? There are several email chains included in the document but these are incomplete with pages missing which (it would seem at least) are almost certainly highly relevant to the request.

For example, the first two pages of the pdf appear to show pages 1 and 3 of an email chain, whilst page 2 (and an unknown number of further pages) have been omitted. Similar omissions are made throughout the pdf.

I'd really appreciate a prompt response on this. I look forward to hearing from you.

Yours sincerely,

Nick Smale

Link to this

From: *OIA
Ministry of Business, Innovation & Employment


Attachment ATT49018 1.jpg
7K Download


Good morning Nick
Thank you for your email.
 
The missing pages are out of scope and typically deal with rules for
delivery by online suppliers.
 
Our apologies that this was not made clear in the information released.
 
Kind regards
 
Ministerial Services
Engagement, Communications and Ministerial Services (ECoMS)
Corporate, Governance and Information (CGI)
Hīkina Whakatutuki
 
 
-----Original Message-----
From: Nick Smale <[1][FYI request #12912 email]>
Sent: Wednesday, 19 August 2020 8:21 AM
To: *OIA <[2][email address]>
Subject: Re: DOIA 1920-1675 Nick Smale Response Letter [UNCLASSIFIED]
 
Hi,
 
Thanks very much for the information provided.
 
Can I ask that you please check that there has not been an error in
omitting pages from the pdf? There are several email chains included in
the document but these are incomplete with pages missing which (it would
seem at least) are almost certainly highly relevant to the request.
 
For example, the first two pages of the pdf appear to show pages 1 and 3
of an email chain, whilst page 2 (and an unknown number of further pages)
have been omitted. Similar omissions are made throughout the pdf.
 
I'd really appreciate a prompt response on this. I look forward to hearing
from you.
 
Yours sincerely,
 
Nick Smale
 
-----Original Message-----
 
Good afternoon
 
 
 
Please find attached a response to your Official Information Act request.
 
 
 
Kind regards
 
 
 
Ministerial Services
 
Engagement, Communications and Ministerial Services (ECoMS)
 
Corporate, Governance and Information (CGI)
 
Hīkina Whakatutuki
 
[1][3]cid:image005.jpg@01D36DDE.6402D1B0
 
 
 
 
 
[2][4]www.govt.nz - your guide to finding and using New Zealand
government  services
 
[3][5]www.govt.nz - your guide to finding and using New Zealand
government  services
 
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Any opinions expressed in this message are not necessarily those of the 
Ministry of Business, Innovation and Employment. This message and any 
files transmitted with it are confidential and solely for the use of the 
intended recipient. If you are not the intended recipient or the person 
responsible for delivery to the intended recipient, be advised that you 
have received this message in error and that any use is strictly 
prohibited. Please contact the sender and delete the message and any 
attachment from your computer.
 
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[8][FYI request #12912 email]
 
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Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
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attachment from your computer.

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