133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
21 February 2024
Morris Lazootin
By email:
[FYI request #24188 email]
Ref:
H2023031848/005473
Tēnā koe Morris
Your request for official information
I refer to your request under the Of icial Information Act 1982 (the Act) to the Ministry of
Health - Manatū Hauora (the Ministry) on 21 September 2023 for information regarding the
flavour names listed in Schedule 4A of the Smokefree Environments and Regulated
Products Amendment Regulations 2023 (the Regulations). You requested:
“1. Details on the rationale behind the creation of this list.
2. Criteria or factors that determined the inclusion or exclusion of specific flavours.
3. Information about the individual(s) or entity/entities responsible for finalising this list.
I would appreciate any relevant communications, discussions, and documents that
could provide insight into these queries.”
On 10 November 2023, the Ministry responded to your request and refused parts 1 and 2
under section 18(d) of the Act, as at the time, the requested information was soon to be
made publicly available.
The consultation process required for proactive release of the information you requested is
taking longer than anticipated. However, in order to provide you with the information
requested, the Ministry wil release to you the relevant documents in response to parts 1 and
2 of your request. This is in advance of the documents being proactively released. Please
see attached material.
Please note that a portion of the proactive release package has been published. You can
view what has been published on our webpage here:
https://www.health.govt.nz/about-
ministry/information-releases/release-ministerial-decision-making-documents/cabinet-and-
consultation-material-smokefree-environments-and-smoked-tobacco-regulatory-regime.
The Ministry’s response to you on 10 November 2023 advised that “…
legal advice and
documents which come under the scope of all three questions are withheld under section
9(2)(h) of the Act, to maintain legal professional privilege”. You made a further request under
section 19(a)(i ) of the Act on 13 November 2023, requesting the grounds on which the
Ministry withheld this material.
These documents contain legally privileged advice from one, or a combination of Ministry of
Health Legal, Crown Law, and the Ministry of Foreign Af airs and Trade. The latter was
requested to provide advice regarding international trade law obligations.
I trust this information fulfils your request. If you wish to discuss any aspect of your request
with us, including this decision, please feel free to contact the OIA Services Team on:
[email address].
Under section 28(3) of the Act, you have the right to ask the Ombudsman to review any
decisions made under this request. The Ombudsman may be contacted by email at:
[email address] or by calling 0800 802 602.
Nāku noa, nā
Dr Andrew Old
Deputy Director-General
Public Health Agency | Te Pou Hauora Tūmatanui
Appendix 1: List of documents for release
#
Date
Document details
Decision on release
1
24 – 25 January
Email correspondence about
Some information withheld under
2023
inclusion and exclusion of
the following sections of the Act,
certain flavours
• 9(2)(g)(ii),to maintain the
effective conduct of public
affairs through the
protection of Ministers,
members of organisations,
officers, and employees
from improper pressure or
harassment.
• 9(2)(a), to protect the
privacy of natural persons
2
28 October 2022
Briefing: Proposals for the
Some information withheld under
Smoked Tobacco Regulatory
the following sections of the Act:
Regime
• 9(2)(a)
• 9(2)(h) to protect legal and
professional privilege.
• 9(2)(g)(i) to maintain the
effective conduct of public
affairs through the free and
frank expression of
opinions by or between or
to Ministers and of icers
and employees of any
public service agency.
3
20 – 22 October
Email correspondence with
Some information withheld under
2022
Canadian health officials
section 9(2)(g)(i ) of the Act.
4
24 August 2023
Email correspondence about a
memo on the exclusion of ‘ice’
from flavour wheel
5
20 April 2023
Briefing: Smoked Tobacco
Some information withheld under
Regulatory Regime – report
the following sections of the Act:
back to Cabinet
• 9(2)(a)
• 9(2)(g)(i) to maintain the
effective conduct of public
affairs through the free and
frank expression of
opinions by or between or
to Ministers and of icers
and employees of any
public service agency.
6
24 - 27 February
Email correspondence about
Some information withheld under
2023
publicly available research
section 9(2)(g)(i ) of the Act.
7
16 December 2022 Social Wellbeing Commit ee:
Some information redacted as out
Cabinet decision minutes, and of scope.
corresponding Cabinet paper:
Public consultation on
#
Date
Document details
Decision on release
regulatory proposals for the
Some information withheld under
smoked tobacco regulatory
section 9(2)(h) of the Act.
regime.
