Essential services re: alcohol in licensing trust areas

Nick Smale made this Official Information request to Kris Faafoi

The request was successful.

From: Nick Smale

Dear Kris Faafoi,

I am writing to you in your capacity as Minister of Commerce and Consumer Affairs.

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 you 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 you to do this.

Under section 19(a)(ii), if you decide 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.

For your information, I have sent a similar information request to the Ministry of Business, Innovation and Employment.

I look forward to hearing from you as soon as reasonably practicable.

Yours faithfully,

Nick Smale

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From: K Faafoi (MIN)
Kris Faafoi

Kia ora,

On behalf of Hon Kris Faafoi, thank you for your email. 

While the Minister considers all correspondence to be important, and all
messages are carefully read and considered, it is not always possible to
personally reply to all emails.  As such, the following guidelines apply:

·         Invitations and meeting requests will be processed as soon as
possible and a staff member will be in contact with you in due course

·         All media queries will be responded to by a staff member

·         Requests for official information will be managed in accordance
with the provisions of the Official Information Act 1982, which may
include transfer to a more relevant Minister or agency

·         If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and your
correspondence may be transferred to another office, or there may be no
further response to you

·         If your correspondence is to the Minister as the Member of
Parliament for Mana, this will be referred to his electorate office

Thank you for the taking the time to write.

Nga mihi,

Office of Hon Kris Faafoi

Minister of Broadcasting, Communications and Digital Media,
Minister of Commerce and Consumer Affairs, Minister for Government Digital
Services,
Associate Minister of Housing

Bowen House | Private Bag 18041 | Parliament Buildings | Wellington 6160 |
New Zealand

Authorised by Hon Kris Faafoi MP, Parliament Buildings, Wellington 6011

 

 

 

 

 

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From: K Faafoi (MIN)
Kris Faafoi

Kia ora,

On behalf of Hon Kris Faafoi, thank you for your email.

Due to the high volume of enquiries at this time, we will be triaging
issues related to COVID-19 in the first instance.

We appreciate your patience at this time and will get back to you as soon
as we can.

Nga mihi,

Office of Hon Kris Faafoi

Minister of Broadcasting, Communications and Digital Media,
Minister of Commerce and Consumer Affairs, Minister of Government Digital
Services,
Associate Minister of Housing (Public Housing)

Bowen House | Private Bag 18041 | Parliament Buildings | Wellington 6160 |
New Zealand

Authorised by Hon Kris Faafoi MP, Parliament Buildings, Wellington 6011

 

 

 

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From: Ministerial Services

Ref: 1920-1688

 

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.

 

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 you 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 you to do this.

 

Under section 19(a)(ii), if you decide 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.

 

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][email address].

 

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

 

 

[3]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
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References

Visible links
1. http://www.ombudsman.parliament.nz/news/...
2. mailto:[email address]
3. http://www.govt.nz/

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From: Nick Smale

Dear Sir/Madam,

I'm following up on this information request. I understand I should have received a response by June 26 (that being 20 working days from the date of request), but have not yet received anything further after the acknowledgment of June 2.

I look forward to hearing from you.

Yours sincerely,

Nick Smale

Link to this

From: *OIA


Attachment DOIA 1920 1675 Nick Smale OIA Extension Letter UNCLASSIFIED.html
6K Download

Attachment image001.jpg
5K Download


Dear Mr Smale

Please find attached the email attaching an letter extending the time to respond to your request sent on 25 June 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.

Kind regards,

Ministerial Writing
Engagement, Communications and Ministerial Services (ECoMS)
Corporate, Governance and Information (CGI)
Ministry of Business, Innovation and Employment
Hīkina Whakatutuki

-----Original Message-----
From: Nick Smale <[FYI request #12913 email]>
Sent: Tuesday, 7 July 2020 12:27 PM
To: Ministerial Services <[email address]>
Subject: Re: Acknowledgement of your Official Information Act Request (1920-1688) [UNCLASSIFIED]

Dear Sir/Madam,

I'm following up on this information request. I understand I should have received a response by June 26 (that being 20 working days from the date of request), but have not yet received anything further after the acknowledgment of June 2.

I look forward to hearing from you.

Yours sincerely,

Nick Smale

-----Original Message-----

Ref: 1920-1688

 

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.

 

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 you 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 you to do this.

 

Under section 19(a)(ii), if you decide 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.

 

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][email address].

 

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

 

 

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

References

Visible links
1. http://www.ombudsman.parliament.nz/news/...
2. mailto:[email address]
3. http://www.govt.nz/

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Please use this email address for all replies to this request:
[FYI request #12913 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

www.govt.nz <http://www.govt.nz/> - your guide to finding and using New Zealand government services

------------------------------------------------------------------------------
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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From: Nick Smale

Dear Sir / Madam,

Thanks for the prompt response. I previously received the attached extension letter in regards to my request made to MBIE (ref 1920/1675).

However, I am now unclear if this extension also applies to this request (ref 1920/1688) which was made to Kris Faafoi in his role as Minister of Commerce and Consumer Affairs.

Can you please clarify.

Yours sincerely,

Nick Smale

Link to this

From: Nick Smale

Hi,

I'm following up this OIA request (ref 1920/1688) made to Kris Faafoi in his role as Minister of Commerce and Consumer Affairs. I have not received a response specific to this request since the acknowledgment received on June 2.

Note that I requested information from MBIE on the same topic (ref 1920/1675) and have now received information from MBIE in response.

It is my understanding that an information request sent to a Minister is a separate request from one sent to a Ministry. If that is incorrect, please let me know.

I would really appreciate an update on the status of the outstanding request (ref 1920/1688).

Yours sincerely,

Nick Smale

Link to this

From: Ministerial Services

Kia ora Nick,

As both OIA requests referenced below produced the same response, it was determined on 4th June 2020 that the requests would be combined into one request (DOIA 1920-1675) and responded to as one.

Thank you for getting in touch regarding this query.

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

Ngā mihi

India Loveday
Senior Workflow Advisor - Ministerial Services
Engagement, Communications and Ministerial Services, Corporate Governance and Information
Email:   [email address]  
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

-----Original Message-----
From: Nick Smale <[FOI #12913 email]>
Sent: Wednesday, 19 August 2020 8:33 AM
To: *OIA <[email address]>
Subject: RE: Acknowledgement of your Official Information Act Request (1920-1688) [UNCLASSIFIED]

Hi,

I'm following up this OIA request (ref 1920/1688) made to Kris Faafoi in his role as Minister of Commerce and Consumer Affairs. I have not received a response specific to this request since the acknowledgment received on June 2.

Note that I requested information from MBIE on the same topic (ref 1920/1675) and have now received information from MBIE in response.

It is my understanding that an information request sent to a Minister is a separate request from one sent to a Ministry. If that is incorrect, please let me know.

I would really appreciate an update on the status of the outstanding request (ref 1920/1688).

Yours sincerely,

Nick Smale

-----Original Message-----

Dear Mr Smale

Please find attached the email attaching an letter extending the time to respond to your request sent on 25 June 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.

Kind regards,

Ministerial Writing
Engagement, Communications and Ministerial Services (ECoMS) Corporate, Governance and Information (CGI) Ministry of Business, Innovation and Employment Hīkina Whakatutuki

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #12913 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

www.govt.nz <http://www.govt.nz/> - your guide to finding and using New Zealand government services

------------------------------------------------------------------------------
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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