Ref: 2223-2708

 

Kia ora Lance D. Lavery,

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 21 May 2023 requesting under the Official
Information Act 1982 (the Act), the following:

“I am writing under the provisions of the Official Information Act 1982 to
solicit information about the recent amendment to the Energy Resources
Levy Act 1976, which was unexpectedly expedited through Parliament on
Budget night. My request encompasses the decision-making process behind
this amendment, its potential impact on the gas industry, any financial
implications, and the wider effect it could have on the economy and energy
security of New Zealand.

 

1. I request any briefings, discussion documents, emails, or other
communications related to the development of this amendment and the
reasoning behind its urgent implementation. Could you kindly elaborate on
why this amendment was considered of such immediate importance that it was
introduced and passed under urgency?

 

2. I would appreciate any information on the consultation processes
undertaken before the introduction of this amendment, particularly with
stakeholders from the fossil gas industry and the wider public. In the
absence of such consultation, an explanation for the lack of it would be
appreciated.

 

3. I request any legal advice your Ministry has received regarding
potential legal implications of this amendment, particularly those
concerned with its retrospective application and any possible infringement
on property rights.

 

4. Could you provide any estimates or reports about the expected
collection of levies resulting from this amendment and the rationale
behind these estimates?

 

5. I seek any economic impact assessments considering the potential
repercussions on the fossil gas industry, specifically the risk of
accelerated termination of field life or cessation of gas extraction
operations due to this amendment.

 

6. I request detailed information on how the amendment will guarantee a
"fair financial return" for the Crown and the application of this
principle in the present context.

 

Please note that all responses to this request are to be made through the
fyi.org.nz platform.

 

Under the Act, I anticipate receiving a response as promptly as possible,
and certainly within twenty working days, barring any extensions of this
request. I eagerly await the requested information.”

Your request is being processed in accordance with the Act and a response
will be sent to you in due course. If you have any enquiries regarding
your request feel free to contact us via email [1][MBIE request email] or
using the contact details below.

 

Nâku noa, nâ

Ministerial Services

 

Ngâ Pou o te Taumaru

Ministry of Business, Innovation & Employment

15 Stout Street, Wellington 6011 |  PO Box 1473 Wellington 6140

 

References

Visible links
1. mailto:[MBIE request email]

Dear Mr Lavery

 

Thank you for your email of 21 May 2023 to the Ministry of Business,
Innovation and Employment requesting, under the Official Information Act
1982 (the Act), the following information:

 

“I am writing under the provisions of the Official Information Act 1982 to
solicit information about the recent amendment to the Energy Resources
Levy Act 1976, which was unexpectedly expedited through Parliament on
Budget night. My request encompasses the decision-making process behind
this amendment, its potential impact on the gas industry, any financial
implications, and the wider effect it could have on the economy and energy
security of New Zealand.

 

1. I request any briefings, discussion documents, emails, or other
communications related to the development of this amendment and the
reasoning behind its urgent implementation. Could you kindly elaborate on
why this amendment was considered of such immediate importance that it was
introduced and passed under urgency?

 

2. I would appreciate any information on the consultation processes
undertaken before the introduction of this amendment, particularly with
stakeholders from the fossil gas industry and the wider public. In the
absence of such consultation, an explanation for the lack of it would be
appreciated.

 

3. I request any legal advice your Ministry has received regarding
potential legal implications of this amendment, particularly those
concerned with its retrospective application and any possible infringement
on property rights.

 

4. Could you provide any estimates or reports about the expected
collection of levies resulting from this amendment and the rationale
behind these estimates?

 

5. I seek any economic impact assessments considering the potential
repercussions on the fossil gas industry, specifically the risk of
accelerated termination of field life or cessation of gas extraction
operations due to this amendment.

 

6. I request detailed information on how the amendment will guarantee a
"fair financial return" for the Crown and the application of this
principle in the present context.

 

Please note that all responses to this request are to be made through the
fyi.org.nz platform.

 

Under the Act, I anticipate receiving a response as promptly as possible,
and certainly within twenty working days, barring any extensions of this
request. I eagerly await the requested information.”

 

As is stands you request is very broad in nature. It is likely that the
Ministry will refuse your request under section 18(f) of the Official
Information Act, that the information requested cannot be made available
without substantial collation or research, unless you can narrow your
request.

 

Please let me know by Wednesday 7 June 2023 if you would consider
narrowing your request.

 

Thank you.

 

Carlie

Senior Ministerial Services Advisor

Building, Resources and Markets

Ministry of Business, Innovation and Employment

 

[1]Description: cid:image001.jpg@01CE732A.1A2F9630

 

References

Visible links

Tēna koē Mr Lavery,

Please find attached a response to your Official Information Act request
of 21 May 2023.

 

Ngā mihi,

 

Ministerial Services

Ministry of Business, Innovation and Employment

[1][MBIE request email]

 

[2]Description: cid:image001.jpg@01CE732A.1A2F9630

 

References

Visible links
1. mailto:[MBIE request email]