Treaty of Waitangi inclusion in the NZ-UK Free Trade Agreement
Tim Herewini made this Official Information request to Ministry of Foreign Affairs and Trade
This request has an unknown status. We're waiting for Tim Herewini to read recent responses and update the status.
From: Tim Herewini
Dear Ministry of Foreign Affairs and Trade,
Regarding the inclusion of reference to Te Tiriti o Waitangi/The Treaty of Waitangi (the Treaty) in the text of the NZ-UK Free Trade Agreement (the FTA) which came into force 31 May 2023 and the status of the Treaty inter alia as recorded in the preamble:
"RECOGNISING the unique relationship that exists between Māori and the United Kingdom, noting that representatives of the British Crown and Māori were the original signatories to Te Tiriti o Waitangi/The Treaty of Waitangi whilst acknowledging that the New Zealand Crown has now succeeded the British Crown and assumed all rights and obligations under that Treaty;
ACKNOWLEDGING that Te Tiriti o Waitangi/The Treaty of Waitangi is a foundational document of constitutional importance to New Zealand; [...]
RECOGNISING the Parties’ respective autonomy and right to regulate within their territories in order to achieve legitimate public policy objectives such as [...] in the case of New Zealand meeting its Te Tiriti o Waitangi/The Treaty of Waitangi obligations;"
Please provide all material touching on the inclusion of the Treaty in the FTA, from the earliest date to the present (21/01/2024) including:
a. Consultation/correspondence with Iwi, Hapu and Maori groups and individuals;
b. Advice/communications internal to MFAT;
c. Advice/communications from other government departments;
d. Advice/communications specific to the meaning and consequences of "now succeeded the British Crown and assumed all rights and obligations under that Treaty" and the date on which this assumed succession occurred and how (by what means/instrument) did this occur; and
e. Correspondence from the UK government.
Yours faithfully,
Tim Herewini
From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Kia ora Tim Herewini
Thank you for your OIA request received on 21 January 2024 for:
Please provide all material touching on the inclusion of the Treaty in the
FTA, from the earliest date to the present (21/01/2024) including:
a. Consultation/correspondence with Iwi, Hapu and Maori groups and
individuals; b. Advice/communications internal to MFAT; c.
Advice/communications from other government departments; d.
Advice/communications specific to the meaning and consequences of "now
succeeded the British Crown and assumed all rights and obligations under
that Treaty" and the date on which this assumed succession occurred and
how (by what means/instrument) did this occur; and e. Correspondence from
the UK government.
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.
Ngā mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
show quoted sections
From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Tēnā koe Tim Herewini
I am writing concerning your OIA request below. This email is to advise
that we will need to extend the time limit for responding to you by 50
working days, to 2 May 2024. This is because:
1- The consultations necessary to make a decision on your
request are such that a proper response cannot reasonably be made within
the original time frame (section 15A(1)(b) of the OIA refers); and
2- Responding to your request necessitates review of a large
quantity of information, and meeting the original time limit would
unreasonably interfere with the operations of the Ministry (section
15A(1)(a) of the OIA refers)
However, if this process is completed before 2 May 2024, the response will
be sent to you as soon as possible.
If you have any questions, you can contact us by email at: DM
[email address]. You have the right to seek an investigation and review
by the Ombudsman of this decision by contacting
www.ombudsman.parliament.nz or freephone 0800 802 602.
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 Tim Herewini,
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. 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.
Accordingly, I am seeking your agreement to refine your request to be for:
Please provide all material principally regarding the inclusion of the
Treaty of Waitangi in the NZ-UKFTA, from the 1 June 2020 to 28 February
2022 including:
b) Submissions produced by MFAT to our Trade Minister principally
regarding the meaning and consequences of "now succeeded the British Crown
and assumed all rights and obligations under that Treaty"; and
c) Formal correspondence from the UK government on the topic.
We define principally regarding as: 50% or more of the document relates to
the topic, or the title of the document includes the topic.
Regarding point a) of your request, the scope is too large and in its
current state would be refused under section 18(f) of the OIA. Would you
accept instead a refinement to:
a) Submissions to the MFAT Trade Minister that compiles and collates the
views of consulted iwi, Hapu and Māori groups and individuals in relation
to the inclusion of the Treaty of Waitangi in the NZ-UKFTA.
Please note, it is likely that we will need to withhold information from
documents in scope of your request.
Please confirm if you are happy to proceed with the refined request above,
by Wednesday 28 February. 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
From: ESD <[email address]>
Sent: Monday, 19 February 2024 11:00 am
To: [FOI #25457 email]
Subject: OIA 29039 Extension - Treaty of Waitangi inclusion in the NZ-UK
Free Trade Agreement
[UNCLASSIFIED]
Tēnā koe Tim Herewini
I am writing concerning your OIA request below. This email is to advise
that we will need to extend the time limit for responding to you by 50
working days, to 2 May 2024. This is because:
1- The consultations necessary to make a decision on your
request are such that a proper response cannot reasonably be made within
the original time frame (section 15A(1)(b) of the OIA refers); and
2- Responding to your request necessitates review of a large
quantity of information, and meeting the original time limit would
unreasonably interfere with the operations of the Ministry (section
15A(1)(a) of the OIA refers)
However, if this process is completed before 2 May 2024, the response will
be sent to you as soon as possible.
If you have any questions, you can contact us by email at: DM
[3][email address]. You have the right to seek an investigation and
review by the Ombudsman of this decision by contacting
[4]www.ombudsman.parliament.nz or freephone 0800 802 602.
Ngā mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
________________________________________
195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
[5]www.mfat.govt.nz | [6]www.safetravel.govt.nz
show quoted sections
From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Tēnā koe Tim Herewini,
Please see the attached information concerning your OIA request received
on 21 January 2024.
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
From: ESD <[email address]>
Sent: Thursday, 22 February 2024 9:08 am
To: [FOI #25457 email]
Subject: OIA 29039 Refinement - Treaty of Waitangi inclusion in the NZ-UK
Free Trade Agreement
[UNCLASSIFIED]
Tēnā koe Tim Herewini,
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. 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.
Accordingly, I am seeking your agreement to refine your request to be for:
Please provide all material principally regarding the inclusion of the
Treaty of Waitangi in the NZ-UKFTA, from the 1 June 2020 to 28 February
2022 including:
b) Submissions produced by MFAT to our Trade Minister principally
regarding the meaning and consequences of "now succeeded the British Crown
and assumed all rights and obligations under that Treaty"; and
c) Formal correspondence from the UK government on the topic.
We define principally regarding as: 50% or more of the document relates to
the topic, or the title of the document includes the topic.
Regarding point a) of your request, the scope is too large and in its
current state would be refused under section 18(f) of the OIA. Would you
accept instead a refinement to:
a) Submissions to the MFAT Trade Minister that compiles and collates the
views of consulted iwi, Hapu and Māori groups and individuals in relation
to the inclusion of the Treaty of Waitangi in the NZ-UKFTA.
Please note, it is likely that we will need to withhold information from
documents in scope of your request.
Please confirm if you are happy to proceed with the refined request above,
by Wednesday 28 February. 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
[3]www.mfat.govt.nz | [4]www.safetravel.govt.nz
From: ESD <[5][email address]>
Sent: Monday, 19 February 2024 11:00 am
To: [6][FOI #25457 email]
Subject: OIA 29039 Extension - Treaty of Waitangi inclusion in the NZ-UK
Free Trade Agreement
[UNCLASSIFIED]
Tēnā koe Tim Herewini
I am writing concerning your OIA request below. This email is to advise
that we will need to extend the time limit for responding to you by 50
working days, to 2 May 2024. This is because:
1- The consultations necessary to make a decision on your
request are such that a proper response cannot reasonably be made within
the original time frame (section 15A(1)(b) of the OIA refers); and
2- Responding to your request necessitates review of a large
quantity of information, and meeting the original time limit would
unreasonably interfere with the operations of the Ministry (section
15A(1)(a) of the OIA refers)
However, if this process is completed before 2 May 2024, the response will
be sent to you as soon as possible.
If you have any questions, you can contact us by email at: DM
[7][email address]. You have the right to seek an investigation and
review by the Ombudsman of this decision by contacting
[8]www.ombudsman.parliament.nz or freephone 0800 802 602.
Ngā mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
________________________________________
195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
[9]www.mfat.govt.nz | [10]www.safetravel.govt.nz
show quoted sections
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