Aarhus Convention
Andrew Ecclestone made this Official Information request to Ministry of Foreign Affairs and Trade
The request was partially successful.
      From: Andrew Ecclestone
      
    
    Dear Ministry of Foreign Affairs and Trade,
This is a request under the Official Information Act 1982. Please provide me with the following information:
1. Copies of any and all assessments MFAT has undertaken on whether NZ should become a party to the Aarhus Convention (the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters).
2. All information and/or advice, including meeting notes, that MFAT has provided to (i) officials internally and (ii) the government in the last 4 years (including any Minister in the current or previous governments and the staff of any ministerial office) on the Aarhus Convention.
3. Any and all assessments, estimates, or advice MFAT holds about any activities NZ would have to undertake in order to fulfil its obligations as a party to the Convention.
4. Whether MFAT consulted with any other government department or agency or officer of parliament in undertaking any activities of the kind referred to in (1), (2) and (3) above.
5. All information held by MFAT that was generated or received by it in the course of any consultations with third parties about any matter related to acceding to or being a party to the Aarhus Convention.
6. Whether MFAT or its Ministers have been asked by any current or former Ministers to undertake an assessment of the issues involved in becoming a party to the Aarhus Convention, and if so, copies of the correspondence.
If MFAT refuses any part of this request, or withholds any information from disclosure, I separately request under section 19(a)(ii) of the OIA that MFAT specify in its response to me the grounds in support of its reasons for withholding the relevant information.
If any part of this request is unclear, please contact me by responding to the email address from which this request was received.
Yours faithfully,
Andrew Ecclestone
        From: ENQUIRIES
        Ministry of Foreign Affairs and Trade
      
    
    [UNCLASSIFIED]
 
Thank you for your email.
 
We advise that New Zealanders do not travel overseas at this time due to
 the COVID-19 pandemic, associated health risks and travel restrictions.
 This do not travel advisory (level 4 of 4) applies to all destinations
 except Australia and the Cook Islands. See the [1]SafeTravel website for
 more information, including advice for those who are staying put and steps
 you should take if you still want to try to return home. We encourage all
 New Zealanders overseas to register their details with SafeTravel for
 important updates.
 
New Zealanders seeking consular assistance overseas can contact their
 nearest New Zealand Embassy or Consulate. Contact details are listed in
 each country page on the SafeTravel website. For urgent consular
 assistance after-hours, please contact +64 99 20 20 20 (monitored 24
 hours).
For enquiries regarding:
·           Managed Isolation and Quarantine – Detailed information can be
 found at: [2]https://www.miq.govt.nz.
·           Consular issues - or if you are a New Zealand citizen overseas
 needing assistance, email: [email address].
·           New Zealand Scholarships - Use the scholarships enquiries form
 available at: [3]https://scholarship.force.com/CommunityF....
·           MFAT Vacancies - visit our website at:
 [4]https://www.mfat.govt.nz/en/about-us/wor....
·           MFAT Graduate Programme - email:
 [email address].
·           New Zealand visas and asylum enquiries - visit the Immigration
 New Zealand website at: [5]https://www.immigration.govt.nz/.
·           Visas for other countries - contact the relevant foreign
 representative to New Zealand. A full list is available at
 [6]https://www.mfat.govt.nz/en/embassies/.
·           New Zealand passports - visit the Internal Affairs website at:
 [7]www.passports.govt.nz.
·           New Zealand citizenship - visit the Internal Affairs website
 at: [8]www.dia.govt.nz/New-Zealand-citizenship.
·           Authentication of documents and Apostilles - visit the
 Internal Affairs website at: [9]www.dia.govt.nz/document-authentication.
·           Bringing goods into New Zealand - visit the New Zealand
 Customs website at: [10]www.customs.govt.nz.
·           NZ suppliers or companies - visit the New Zealand Trade and
 Enterprise website at: [11]www.nzte.govt.nz.
·           To attest fingerprints - visit
 [12]https://www.police.govt.nz/faq/having-fi...
·           For New Zealand police certificate/clearance - visit
 [13]https://www.police.govt.nz/faq/how-do-i-...
  
For all other enquiries, you will receive a response in due course.  
 
Kind regards,
 
 
MFAT ENQUIRIES
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
195 Lambton Quay, Private Bag 18901
 Wellington 6160
New Zealand
[14]www.mfat.govt.nz | [15]www.safetravel.govt.nz
 
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        From: ESD
        Ministry of Foreign Affairs and Trade
      
    
    [UNCLASSIFIED]
 
Kia ora Andrew Ecclestone,
 
Thank you for your OIA request received on 12 August 2021 for:
 
1. Copies of any and all assessments MFAT has undertaken on whether NZ
 should become a party to the Aarhus Convention (the UNECE Convention on
 Access to Information, Public Participation in Decision-making and Access
 to Justice in Environmental Matters).
 
2. All information and/or advice, including meeting notes, that MFAT has
 provided to (i) officials internally and (ii) the government in the last 4
 years (including any Minister in the current or previous governments and
 the staff of any ministerial office) on the Aarhus Convention.
 
3. Any and all assessments, estimates, or advice MFAT holds about any
 activities NZ would have to undertake in order to fulfil its obligations
 as a party to the Convention.
 
4. Whether MFAT consulted with any other government department or agency
 or officer of parliament in undertaking any activities of the kind
 referred to in (1), (2) and (3) above.
 
5. All information held by MFAT that was generated or received by it in
 the course of any consultations with third parties about any matter
 related to acceding to or being a party to the Aarhus Convention.
 
6. Whether MFAT or its Ministers have been asked by any current or former
 Ministers to undertake an assessment of the issues involved in becoming a
 party to the Aarhus Convention, and if so, copies of the correspondence.
 
This email confirms receipt of your request and advises that we will
 respond to it as soon as reasonably practicable, and in terms of the
 timeframes and requirements of the OIA.
 
Please note that our response letter to you (with your personal details
 redacted), and any enclosed documents, may be published on the Ministry’s
 website.
 
Ngâ mihi
 
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
 
 
 
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        From: ESD
        Ministry of Foreign Affairs and Trade
      
    
    [UNCLASSIFIED]
Tēnā koe Andrew Ecclestone
 
I am writing concerning your Official Information Act request below, to
 advise that responding to your request as currently framed would require
 review of a significant amount of information to locate information
 potentially in scope. This is because material from pre-1998 to 2013 is
 held in hard copy archival material, and is likely not be centrally
 collated or indexed in a manner that would allow us to readily locate the
 information. As such, it is likely that your request will be refused under
 section 18(f) of the OIA, as it would require substantial collation and
 research. Additionally, we are unable to access archive material during
 Level 3 or 4 Lockdown.  
 
Accordingly, I am seeking your agreement to refine your request to be for:
 
1. Copies of any and all assessments MFAT has undertaken on whether NZ
 should become a party to the Aarhus Convention (the UNECE Convention on
 Access to Information, Public Participation in Decision-making and Access
 to Justice in Environmental Matters from 2013 to present.
 
2. All information and/or advice, including meeting notes, that MFAT has
 provided to (i) officials internally and (ii) the government in the last 4
 years (including any Minister in the current or previous governments and
 the staff of any ministerial office) on the Aarhus Convention.
 
3. Any and all assessments, estimates, or advice MFAT holds about any
 activities NZ would have to undertake in order to fulfil its obligations
 as a party to the Convention from 2013 to present.
 
4. Whether MFAT consulted with any other government department or agency
 or officer of parliament in undertaking any activities of the kind
 referred to in (1), (2) and (3) above.
 
5. All information held by MFAT that was generated or received by it in
 the course of any consultations with third parties about any matter
 related to acceding to or being a party to the Aarhus Convention from 2013
 to present.
 
6. Whether MFAT or its Ministers have been asked by any current or former
 Ministers to undertake an assessment of the issues involved in becoming a
 party to the Aarhus Convention, and if so, copies of the correspondence,
 from 2013 to present.
 
Please confirm if you are happy to proceed with the refined request above,
 by 30 August 2021. If we do not hear from you, we will proceed with your
 original request.
 
Ngā mihi
 
Executive Services Division
 New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
-------------------------------------------------
195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
[1]www.mfat.govt.nz | [2]www.safetravel.govt.nz
[3]cid:image001.png@01D77329.069A7C40
 
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      From: Andrew Ecclestone
      
    
    Tēnā koe Ministry of Foreign Affairs and Trade,
Thanks for your message about limiting the scope of my request to material from 2013 to present.
I agree to the limitations proposed, and look forward to receiving the Ministry's substantive response.
Ngā mihi,
Andrew Ecclestone
        From: ESD
        Ministry of Foreign Affairs and Trade
      
    
    [UNCLASSIFIED]
Tēnā koe Andrew Ecclestone
Please see the attached letter concerning your OIA request.
Ngā mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
www.mfat.govt.nz | www.safetravel.govt.nz
show quoted sections
        From: ESD
        Ministry of Foreign Affairs and Trade
      
    
    [UNCLASSIFIED]
Tēnā koe Mr Ecclestone
 
Following discussions with the Office of the Ombudsman regarding the
 Ministry’s response to this OIA request, we have made the decision to
 release the attached updated information.
 
Please also see the below response to the other issues you raised with the
 Office of the Ombudsman. I hope this satisfies your information needs.
 
1.       Mr Ecclestone is surprised no meeting notes were disclosed when
 the Ministry had a meeting with a UNECE official regarding the Convention
 in late 2019 or early 2020.
 
MFAT officials were approached by the UNECE Official who sought a call on
 MFAT while they were in New Zealand.  MFAT does not currently have a
 workstream regarding adopting the convention, but agreed to a meeting
 where a slidepack was presented. However, despite efforts to locate it, we
 have been unable to find a copy.
 
2.       In relation to part 4 of the request, the Ministry has not stated
 whether it consulted with any other government department, agency or
 officer of parliament in undertaking any activities of the kind referred
 to in parts 1-3 of the request.
 
Given no current workstream on adopting the Aarhus Convention exists MFAT
 did not consult with any other Government department on the material given
 to you.
 
3.       Part 6 of the request asks for copies of any correspondence in
 which current or former Ministers asked the Ministry to undertake an
 assessment of the issues involved in becoming a party to the Aarhus
 Convention. The Ministry has given no indication of whether it is
 withholding any correspondence that led to the email sent on 18 February
 2020 being sent, or if no such correspondence is held.
 
MFAT can confirm that no information exists, and as such this part of your
 request is refused under section 18(e) of the OIA.
 
4.       It is believed that the request for advice to which the email
 responds came from the office of James Shaw, as Minister in the 2017-20
 government, since the email is addressed to Jonathan Rowe, who was a
 private secretary in Mr Shaw’s office. Mr Ecclestone believes it would be
 unusual for the Ministry to respond to a request for advice that arrives
 from a different minister than its own without there being a written
 request for that advice.
 
Minister Shaw, in his capacity as the Minister of Climate change is one of
 the Ministers MFAT directly supports.  Jonathan Rowe was a MFAT employee
 seconded to the role of Private Secretary in Minister Shaw’s office, and
 the provision of such advice without a written request would not have been
 unusual. 
 
 
Ngā mihi
 
Executive Services Division
 New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
 -----------------------------------------------------------------
 195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
 [1]www.mfat.govt.nz | [2]www.safetravel.govt.nz
[3]cid:image002.png@01D6D7B1.EB2768A0
[4]www.mfat.govt.nz | [5]www.embassy.govt.nz | [6]www.aid.govt.nz |
 [7]www.safetravel.govt.nz
 
show quoted sections
        From: ESD
        Ministry of Foreign Affairs and Trade
      
    
    [UNCLASSIFIED]
Tēnā koe Mr Ecclestone
 
Regarding your Official Information Act (OIA) request of 23 August 2021
 (ref: 27643) the Ministry of Foreign Affairs and Trade would like to
 provide the following comments on the relevant harm in releasing the
 material withheld under the below sections of the OIA in accordance with
 section 19(a)(ii):
 
Where information has been withheld under section 6(a) of the OIA it is
 our assessment that releasing the information at issue would prejudice the
 international relations of the New Zealand Government given that the
 comments withheld are of a nature that if they became available publically
 or to other countries our government’s international relations would be
 prejudiced.  Amongst other things, those comments analyse the costs and
 benefits of the Aarhus Convention.  Information withheld under section
 9(2)(g)(i) of the OIA is necessary to protect the free and frank
 expression of opinions by departments in order to provide advice to
 decision makers.  Releasing this advice would prejudice provision of this
 and other advice in the future. Information withheld under section 9(2)(h)
 of the OIA is necessary to maintain legal professional privilege, as the
 information withheld comprises privileged legal advice.  We see
 insufficient reason to seek a waiver of that privilege in this instance.
 We are unable to provide any further information on the grounds in support
 of our reason without prejudicing the interests protected by the reason
 for refusal.  Where the information has been withheld under section 9 of
 the OIA, we have identified no public interest in releasing the
 information that would override the reasons for withholding it.
 
Ngā mihi
 
Executive Services Division
 New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
 -----------------------------------------------------------------
 195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
 [1]www.mfat.govt.nz | [2]www.safetravel.govt.nz
[3]cid:image002.png@01D6D7B1.EB2768A0
[4]www.mfat.govt.nz | [5]www.embassy.govt.nz | [6]www.aid.govt.nz |
 [7]www.safetravel.govt.nz
 
 
From: ESD <[email address]>
 Sent: Thursday, 9 March 2023 4:11 pm
 To: [FOI #16389 email]
 Subject: RE: OIA 27643 - your Official Information request
 
[UNCLASSIFIED]
Tēnā koe Mr Ecclestone
 
Following discussions with the Office of the Ombudsman regarding the
 Ministry’s response to this OIA request, we have made the decision to
 release the attached updated information.
 
Please also see the below response to the other issues you raised with the
 Office of the Ombudsman. I hope this satisfies your information needs.
 
1.       Mr Ecclestone is surprised no meeting notes were disclosed when
 the Ministry had a meeting with a UNECE official regarding the Convention
 in late 2019 or early 2020.
 
MFAT officials were approached by the UNECE Official who sought a call on
 MFAT while they were in New Zealand.  MFAT does not currently have a
 workstream regarding adopting the convention, but agreed to a meeting
 where a slidepack was presented. However, despite efforts to locate it, we
 have been unable to find a copy.
 
2.       In relation to part 4 of the request, the Ministry has not stated
 whether it consulted with any other government department, agency or
 officer of parliament in undertaking any activities of the kind referred
 to in parts 1-3 of the request.
 
Given no current workstream on adopting the Aarhus Convention exists MFAT
 did not consult with any other Government department on the material given
 to you.
 
3.       Part 6 of the request asks for copies of any correspondence in
 which current or former Ministers asked the Ministry to undertake an
 assessment of the issues involved in becoming a party to the Aarhus
 Convention. The Ministry has given no indication of whether it is
 withholding any correspondence that led to the email sent on 18 February
 2020 being sent, or if no such correspondence is held.
 
MFAT can confirm that no information exists, and as such this part of your
 request is refused under section 18(e) of the OIA.
 
4.       It is believed that the request for advice to which the email
 responds came from the office of James Shaw, as Minister in the 2017-20
 government, since the email is addressed to Jonathan Rowe, who was a
 private secretary in Mr Shaw’s office. Mr Ecclestone believes it would be
 unusual for the Ministry to respond to a request for advice that arrives
 from a different minister than its own without there being a written
 request for that advice.
 
Minister Shaw, in his capacity as the Minister of Climate change is one of
 the Ministers MFAT directly supports.  Jonathan Rowe was a MFAT employee
 seconded to the role of Private Secretary in Minister Shaw’s office, and
 the provision of such advice without a written request would not have been
 unusual. 
 
 
Ngā mihi
 
Executive Services Division
 New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
 -----------------------------------------------------------------
 195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
 [8]www.mfat.govt.nz | [9]www.safetravel.govt.nz
[10]cid:image002.png@01D6D7B1.EB2768A0
[11]www.mfat.govt.nz | [12]www.embassy.govt.nz | [13]www.aid.govt.nz
 | [14]www.safetravel.govt.nz
 
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Things to do with this request
- Add an annotation (to help the requester or others)
 - Download a zip file of all correspondence (note: this contains the same information already available above).
 

