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

Link to this

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

 

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

"The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
Ministry. It may be legally privileged. If you are not the intended
recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately."

References

Visible links
1. https://safetravel.govt.nz/covid-19-coro...
2. https://www.miq.govt.nz/
3. https://scholarship.force.com/CommunityF...
4. https://www.mfat.govt.nz/en/about-us/wor...
5. https://www.immigration.govt.nz/
6. https://www.mfat.govt.nz/en/embassies/
7. http://www.passports.govt.nz/
8. http://www.dia.govt.nz/New-Zealand-citiz...
9. http://www.dia.govt.nz/document-authenti...
10. http://www.customs.govt.nz/t_blank
11. http://www.nzte.govt.nz/
12. https://www.police.govt.nz/faq/having-fi...
13. https://www.police.govt.nz/faq/how-do-i-...
14. https://outlook.orange.mfat.net.nz/AMast...
15. http://www.safetravel.govt.nz/

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Link to this

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

 

 

 

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

From: Andrew Ecclestone
<[1][FOI #16389 email]>

Sent: Thursday, 12 August 2021 1:07 pm

To: ENQUIRIES <[2][MFAT request email]>

Subject: Official Information request - Aarhus Convention

 

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

 

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

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[3][FOI #16389 email]

 

Is [4][MFAT request email] the wrong address for Official Information
requests to Ministry of Foreign Affairs and Trade? If so, please contact
us using this form:

[5]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]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.

 

 

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

 

 

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

"The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
Ministry. It may be legally privileged. If you are not the intended
recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately."

References

Visible links
1. mailto:[FOI #16389 email]
2. mailto:[MFAT request email]
3. mailto:[FOI #16389 email]
4. mailto:[MFAT request email]
5. https://fyi.org.nz/change_request/new?bo...
6. https://fyi.org.nz/help/officers

hide quoted sections

Link to this

From: ESD
Ministry of Foreign Affairs and Trade


Attachment image001.png
16K Download


[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

 

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

From: Andrew Ecclestone
<[4][FOI #16389 email]>

Sent: Thursday, 12 August 2021 1:07 pm

To: ENQUIRIES <[5][MFAT request email]>

Subject: Official Information request - Aarhus Convention

 

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

 

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

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[6][FOI #16389 email]

 

Is [7][MFAT request email] the wrong address for Official Information
requests to Ministry of Foreign Affairs and Trade? If so, please contact
us using this form:

[8]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[9]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.

 

 

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

 

 

 

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

"The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
Ministry. It may be legally privileged. If you are not the intended
recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately."

References

Visible links
1. http://www.mfat.govt.nz/
2. http://www.safetravel.govt.nz/
4. mailto:[FOI #16389 email]
5. mailto:[MFAT request email]
6. mailto:[FOI #16389 email]
7. mailto:[MFAT request email]
8. https://fyi.org.nz/change_request/new?bo...
9. https://fyi.org.nz/help/officers

hide quoted sections

Link to this

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

Link to this

From: ESD
Ministry of Foreign Affairs and Trade


Attachment OIA 27643 Response.pdf
363K Download View as HTML

Attachment OIA 27643 Documents for release.pdf
2.1M Download View as HTML


[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

-----Original Message-----
From: Andrew Ecclestone <[FOI #16389 email]>
Sent: Monday, 23 August 2021 6:15 pm
To: ESD <[email address]>
Subject: Re: OIA 27643 - your Official Information request

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

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

[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

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #16389 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.

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

"The information contained in this email message is intended only for the addressee and is not necessarily the official view or communication of the Ministry. If you are not the intended recipient you must not use, disclose, copy or distribute this message or the information in it. If you have received this message in error, please email or telephone the sender immediately."

hide quoted sections

Link to this

From: ESD
Ministry of Foreign Affairs and Trade


Attachment image001.png
13K Download

Attachment OIA 27643 Ecclestone updated Redacted.pdf
1.9M Download View as HTML


[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

 

-----Original Message-----
From: ESD <[8][email address]>
Sent: Monday, 20 September 2021 4:26 pm
To: [9][FYI request #16389 email]
Subject: OIA 27643 - your Official Information request

 

[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
[10]www.mfat.govt.nz | [11]www.safetravel.govt.nz

 

 

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

From: Andrew Ecclestone
<[12][FYI request #16389 email]>

Sent: Monday, 23 August 2021 6:15 pm

To: ESD <[13][email address]>

Subject: Re: OIA 27643 - your Official Information request

 

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

 

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

 

[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][14]www.mfat.govt.nz | [2][15]www.safetravel.govt.nz

 

[3][16]cid:image001.png@01D77329.069A7C40

 

 

 

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

Please use this email address for all replies to this request:

[17][FYI request #16389 email]

 

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Link to this

From: ESD
Ministry of Foreign Affairs and Trade


Attachment image001.png
13K Download


[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

 

-----Original Message-----
From: ESD <[15][email address]>
Sent: Monday, 20 September 2021 4:26 pm
To: [16][FOI #16389 email]
Subject: OIA 27643 - your Official Information request

 

[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
[17]www.mfat.govt.nz | [18]www.safetravel.govt.nz

 

 

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

From: Andrew Ecclestone
<[19][FOI #16389 email]>

Sent: Monday, 23 August 2021 6:15 pm

To: ESD <[20][email address]>

Subject: Re: OIA 27643 - your Official Information request

 

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

 

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

 

[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][21]www.mfat.govt.nz | [2][22]www.safetravel.govt.nz

 

[3][23]cid:image001.png@01D77329.069A7C40

 

 

 

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

Please use this email address for all replies to this request:

[24][FOI #16389 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[25]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.

 

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

 

 

 

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

"The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
Ministry. It may be legally privileged. If you are not the intended
recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately."

References

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