Legal opinion on complicity in torture
Scott made this Official Information request to Ministry of Foreign Affairs and Trade
The request was refused by Ministry of Foreign Affairs and Trade.
From: Scott
Dear Ministry of Foreign Affairs and Trade,
I would like to make a request for information relating to the legal opinion prepared for the government by MFAT concerning New Zealand’s obligations around complicity in torture and other internationally wrongful acts. I understand the opinion was issued around late 2020.
For clarity, the opinion I am referring to has its origin in response to, and was referenced in, the Inspector-General of Intelligence and Security’s report into New Zealand involvement in the CIA’s enhanced interrogation programme, released July 2019 and accessible here:
https://igis.govt.nz/assets/Inquiries/CI...
“…MFAT is leading, working with Crown Law, NZDF and the intelligence and security agencies to formalise a statement of New Zealand’s obligations in relation to the law of torture and complicity in torture” (page 80).
It is also referenced in documents released to me by DPMC, which can be accessed here:
https://fyi.org.nz/request/18903/respons...
On page 6:
“…MFAT is leading a process to clarify New Zealand’s obligation, at international law, not to be complicit in the internationally wrongful acts of foreign partners.” (From a briefing dated September 2019).
Page 17:
“We are also engaging with MFAT’s ongoing development of legal advice to agencies regarding aid and assistance at international law… “(From a briefing dated January 2020).
And page 65:
“…MFAT has since issued a legal opinion to clarify New Zealand’s obligation, at international law, not to be complicit in an internationally wrongful act of another State.” (From a briefing dated December 2020).
On the topic of this opinion, I would like to make the following requests for information:
ONE: I would like to request a copy of the opinion.
TWO: I would like to request copies of all briefings, reports, advice, memos or aides memoire submitted to the Minister for Foreign Affairs or any other minister, including excerpts from Foreign Affairs Weekly Reports, that reference the opinion and its development.
Yours faithfully,
Scott
From: ENQUIRIES
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Thank you for your email.
For information about travel advice, including travelling during the
pandemic, please refer to the SafeTravel website: Home | SafeTravel. The
Unite Against COVID-19 website also provides information about
international travel: International travel and transit | Unite against
COVID-19 (covid19.govt.nz).
For enquiries regarding:
• Managed Isolation and Quarantine – Detailed information can be found at:
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: https://scholarship.force.com/CommunityF....
• MFAT Vacancies - visit our website at:
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: https://www.immigration.govt.nz/.
• Visas for other countries - contact the relevant foreign representative
to New Zealand. A full list is available at
https://www.mfat.govt.nz/en/embassies/.
• New Zealand passports - visit the Internal Affairs website at:
www.passports.govt.nz.
• New Zealand citizenship - visit the Internal Affairs website at:
www.dia.govt.nz/New-Zealand-citizenship.
• Authentication of documents and Apostilles - visit the Internal Affairs
website at: www.dia.govt.nz/document-authentication.
• Bringing goods into New Zealand - visit the New Zealand Customs website
at: www.customs.govt.nz.
• NZ suppliers or companies - visit the New Zealand Trade and Enterprise
website at: www.nzte.govt.nz.
• To attest fingerprints - visit
https://www.police.govt.nz/faq/having-fi...
--------------------------------------------------------------------------
"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."
hide quoted sections
From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Kia ora Scott
Thank you for your OIA request received on 20 July 2022 for:
ONE: I would like to request a copy of the opinion.
TWO: I would like to request copies of all briefings, reports, advice,
memos or aides memoire submitted to the Minister for Foreign Affairs or
any other minister, including excerpts from Foreign Affairs Weekly
Reports, that reference the opinion and its development.
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 also be advised that the organisational impacts of implementing the
COVID-19 Protection Framework, together with the Ministry’s leadership of
the Government's response to Russia's invasion of Ukraine, mean that we
may have reduced capacity to process OIA requests. We will do our best to
make decisions on your OIA request as soon as practicably possible, and to
keep you informed of progress if there are likely to be delays.
For your information, the Chief Ombudsman has published updated guidance
on OIA requests during this time:
· [1]Chief Ombudsman's statement on official information response
times during implementation of the COVID-19 Protection Framework
· [2]FAQs about official information requests during COVID-19
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.
Ngā mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
-----Original Message-----
From: Scott <[3][FOI #19973 email]>
Sent: Wednesday, 20 July 2022 8:02 AM
To: ENQUIRIES <[4][MFAT request email]>
Subject: Official Information request - Legal opinion on complicity in
torture
Dear Ministry of Foreign Affairs and Trade,
I would like to make a request for information relating to the legal
opinion prepared for the government by MFAT concerning New Zealand’s
obligations around complicity in torture and other internationally
wrongful acts. I understand the opinion was issued around late 2020.
For clarity, the opinion I am referring to has its origin in response to,
and was referenced in, the Inspector-General of Intelligence and
Security’s report into New Zealand involvement in the CIA’s enhanced
interrogation programme, released July 2019 and accessible here:
[5]https://igis.govt.nz/assets/Inquiries/CI...
“…MFAT is leading, working with Crown Law, NZDF and the intelligence and
security agencies to formalise a statement of New Zealand’s obligations in
relation to the law of torture and complicity in torture” (page 80).
It is also referenced in documents released to me by DPMC, which can be
accessed here:
[6]https://fyi.org.nz/request/18903/respons...
On page 6:
“…MFAT is leading a process to clarify New Zealand’s obligation, at
international law, not to be complicit in the internationally wrongful
acts of foreign partners.” (From a briefing dated September 2019).
Page 17:
“We are also engaging with MFAT’s ongoing development of legal advice to
agencies regarding aid and assistance at international law… “(From a
briefing dated January 2020).
And page 65:
“…MFAT has since issued a legal opinion to clarify New Zealand’s
obligation, at international law, not to be complicit in an
internationally wrongful act of another State.” (From a briefing dated
December 2020).
On the topic of this opinion, I would like to make the following requests
for information:
ONE: I would like to request a copy of the opinion.
TWO: I would like to request copies of all briefings, reports, advice,
memos or aides memoire submitted to the Minister for Foreign Affairs or
any other minister, including excerpts from Foreign Affairs Weekly
Reports, that reference the opinion and its development.
Yours faithfully,
Scott
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[7][FOI #19973 email]
Is [8][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:
[9]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:
[10]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. Chief Ombudsman's statement on official information response times during implementation of the COVID-19 Protection Framework
https://www.ombudsman.parliament.nz/news...
2. FAQs about official information requests during COVID-19
https://www.ombudsman.parliament.nz/reso...
3. mailto:[FOI #19973 email]
4. mailto:[MFAT request email]
5. https://igis.govt.nz/assets/Inquiries/CI...
6. https://fyi.org.nz/request/18903/respons...
7. mailto:[FOI #19973 email]
8. mailto:[MFAT request email]
9. https://fyi.org.nz/change_request/new?bo...
10. https://fyi.org.nz/help/officers
hide quoted sections
From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Tçnâ koe Scott
We refer to your official information request of 20 July 2022:
‘I would like to make a request for information relating to the legal
opinion prepared for the government by MFAT concerning New Zealand’s
obligations around complicity in torture and other internationally
wrongful acts. I understand the opinion was issued around late 2020.
For clarity, the opinion I am referring to has its origin in response to,
and was referenced in, the Inspector-General of Intelligence and
Security’s report into New Zealand involvement in the CIA’s enhanced
interrogation programme, released July 2019 and accessible here:
[1]https://igis.govt.nz/assets/Inquiries/CI...
“…MFAT is leading, working with Crown Law, NZDF and the intelligence and
security agencies to formalise a statement of New Zealand’s obligations in
relation to the law of torture and complicity in torture” (page 80).
It is also referenced in documents released to me by DPMC, which can be
accessed here:
[2]https://fyi.org.nz/request/18903/respons...
On page 6:
“…MFAT is leading a process to clarify New Zealand’s obligation, at
international law, not to be complicit in the internationally wrongful
acts of foreign partners.” (From a briefing dated September 2019).
Page 17:
“We are also engaging with MFAT’s ongoing development of legal advice to
agencies regarding aid and assistance at international law… “(From a
briefing dated January 2020).
And page 65:
“…MFAT has since issued a legal opinion to clarify New Zealand’s
obligation, at international law, not to be complicit in an
internationally wrongful act of another State.” (From a briefing dated
December 2020).
On the topic of this opinion, I would like to make the following requests
for information:
ONE: I would like to request a copy of the opinion.
TWO: I would like to request copies of all briefings, reports, advice,
memos or aides memoire submitted to the Minister for Foreign Affairs or
any other minister, including excerpts from Foreign Affairs Weekly
Reports, that reference the opinion and its development.’
We have transferred part of your request to the Government Communications
Security Bureau.
The information in your question two (below) is believed to be held by the
Government Communications Security Bureau (section 14(b)(i) of the OIA
refers).
I would like to request copies of all briefings, reports, advice, memos or
aides memoire submitted to the Minister for Foreign Affairs or any other
minister, including excerpts from Foreign Affairs Weekly Reports, that
reference the opinion and its development.’
In these circumstances, we are required by section 14 of the Official
Information Act to transfer your request.
You will hear further from the Government Communications Security Bureau
concerning this part of your request.
Ngâ mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
-------------------------------------------------
195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
[3]www.mfat.govt.nz | [4]www.safetravel.govt.nz
[5]cid:image001.png@01D762BA.46DA26E0
--------------------------------------------------------------------------
"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://igis.govt.nz/assets/Inquiries/CI...
2. https://fyi.org.nz/request/18903/respons...
3. http://www.mfat.govt.nz/
4. http://www.safetravel.govt.nz/
hide quoted sections
From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Tēnā koe Scott
Please see attached our response to you OIA request of 20 July 2022.
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@01D762BA.46DA26E0
--------------------------------------------------------------------------
"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/
hide quoted sections
From: Information (GCSB)
Tēnā koe Scott,
We refer to your official information request of 3 August 2022 for
information about a legal opinion on complicity in torture transferred in
part to the GCSB from MFAT.
The Official Information Act 1982 requires that we advise you of our
decision on your request no later than 20 working days after the day you
submitted your request. Unfortunately, it will not be possible to meet
that time limit and we are, therefore, writing to notify you of an
extension of the time to make our decision, to Thursday 8 September 2022.
This extension is necessary because the consultations needed to make a
decision on your request are such that a proper response cannot reasonably
be made within the original time limit.
If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact [email address].
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
www.ombudsman.parliament.nz or freephone 0800 802 602.
Ngā mihi,
GCSB
--------------------------------------------------------------------------
This electronic message, together with any attachments, contains
information that is provided in confidence and may be subject to legal
privilege. Any classification markings must be adhered to. If you are not
the intended recipient, you must not peruse, disclose, disseminate, copy
or use the message in any way. If you have received this message in error,
please notify us immediately by return email and then destroy the original
message. The New Zealand Intelligence Community (NZIC) and the
departments comprising the NZIC accepts no responsibility for changes to
this e-mail, or to any attachments, after its transmission from NZIC. This
communication may be accessed or retained for information assurance
purposes. Thank you.
--------------------------------------------------------------------------
hide quoted sections
From: Information (GCSB)
Tçnâ koe Scott,
Please find attached a letter from the Director-General in response to the
OIA request.
Ngâ mihi,
GCSB
From: ESD <[email address]>
Sent: Wednesday, 3 August 2022 9:30 AM
To: [FOI #19973 email]
Subject: OIA 28192 Scott - Partial Transfer
[UNCLASSIFIED]
Tçnâ koe Scott
We refer to your official information request of 20 July 2022:
‘I would like to make a request for information relating to the legal
opinion prepared for the government by MFAT concerning New Zealand’s
obligations around complicity in torture and other internationally
wrongful acts. I understand the opinion was issued around late 2020.
For clarity, the opinion I am referring to has its origin in response to,
and was referenced in, the Inspector-General of Intelligence and
Security’s report into New Zealand involvement in the CIA’s enhanced
interrogation programme, released July 2019 and accessible here:
[1]https://igis.govt.nz/assets/Inquiries/CI...
“…MFAT is leading, working with Crown Law, NZDF and the intelligence and
security agencies to formalise a statement of New Zealand’s obligations in
relation to the law of torture and complicity in torture” (page 80).
It is also referenced in documents released to me by DPMC, which can be
accessed here:
[2]https://fyi.org.nz/request/18903/respons...
On page 6:
“…MFAT is leading a process to clarify New Zealand’s obligation, at
international law, not to be complicit in the internationally wrongful
acts of foreign partners.” (From a briefing dated September 2019).
Page 17:
“We are also engaging with MFAT’s ongoing development of legal advice to
agencies regarding aid and assistance at international law… “(From a
briefing dated January 2020).
And page 65:
“…MFAT has since issued a legal opinion to clarify New Zealand’s
obligation, at international law, not to be complicit in an
internationally wrongful act of another State.” (From a briefing dated
December 2020).
On the topic of this opinion, I would like to make the following requests
for information:
ONE: I would like to request a copy of the opinion.
TWO: I would like to request copies of all briefings, reports, advice,
memos or aides memoire submitted to the Minister for Foreign Affairs or
any other minister, including excerpts from Foreign Affairs Weekly
Reports, that reference the opinion and its development.’
We have transferred part of your request to the Government Communications
Security Bureau.
The information in your question two (below) is believed to be held by the
Government Communications Security Bureau (section 14(b)(i) of the OIA
refers).
I would like to request copies of all briefings, reports, advice, memos or
aides memoire submitted to the Minister for Foreign Affairs or any other
minister, including excerpts from Foreign Affairs Weekly Reports, that
reference the opinion and its development.’
In these circumstances, we are required by section 14 of the Official
Information Act to transfer your request.
You will hear further from the Government Communications Security Bureau
concerning this part of your request.
Ngâ mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
-------------------------------------------------
195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
[3]www.mfat.govt.nz | [4]www.safetravel.govt.nz
[5]cid:image001.png@01D762BA.46DA26E0
--------------------------------------------------------------------------
This electronic message, together with any attachments, contains
information that is provided in confidence and may be subject to legal
privilege. Any classification markings must be adhered to. If you are not
the intended recipient, you must not peruse, disclose, disseminate, copy
or use the message in any way. If you have received this message in error,
please notify us immediately by return email and then destroy the original
message. The New Zealand Intelligence Community (NZIC) and the
departments comprising the NZIC accepts no responsibility for changes to
this e-mail, or to any attachments, after its transmission from NZIC. This
communication may be accessed or retained for information assurance
purposes. Thank you.
--------------------------------------------------------------------------
References
Visible links
1. https://igis.govt.nz/assets/Inquiries/CI...
2. https://fyi.org.nz/request/18903/respons...
3. http://www.mfat.govt.nz/
4. http://www.safetravel.govt.nz/
hide quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
If you believe this request is not suitable, you can report it for attention by the site administrators
Report this request