Printed from https://fyi.org.nz/request/25581-transfer-of-cccfa-functions-from-commerce-commission-to-the-fma on April 28, 2024 18:52

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Transfer of CCCFA functions from Commerce Commission to the FMA

Ben made this Official Information request to Ministry of Business, Innovation & Employment

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From: Ben

Dear Ministry of Business, Innovation & Employment,

Today the Minister of Commerce and Consumer Affairs has announced that the "conduct oversight of the Credit Contracts and Consumer Finance Act (CCCFA) currently performed by the Commerce Commission will transfer to the FMA" ("the decision").
https://www.beehive.govt.nz/release/redu...

I write to request:

1.Copies of all information or documents in relation to this decision by the minister, including:
1(a) Advice received from MBIE (or any other department) on the decision;
1(b) Who was consulted by MBIE or the Minister prior to announcement of the decision, and on what date;
1(c) All estimates of the cost of transferring the function to the FMA;
1(d) When MBIE or the Minister advised the FMA of the decision;
1(e) When MBIE or the Minister advised the Commerce Commission of the decision;
1(f) What steps were taken to manage the impact of the announcement on affected employees of the Commerce Commission;

2 Copies of all previous advice provided to previous Ministers of Commerce & Consumer Affairs regarding the location of this function within the FMA or Commerce Commission.

In making this request I am not requesting the details of any staff named in these documents and am happy for their names and contact details to be redacted, provided their position is included.

Yours faithfully,

Ben

Link to this

From: Ministerial Services
Ministry of Business, Innovation & Employment

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Ref: 2324-1608

 

Dear Ben,

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 31 January 2024 requesting under the Official
Information Act 1982 (the Act), the following:

 

“I write to request:

 

1.Copies of all information or documents in relation to this decision by
the minister, including:

1(a) Advice received from MBIE (or any other department) on the decision;

1(b) Who was consulted by MBIE or the Minister prior to announcement of
the decision, and on what date;

1(c) All estimates of the cost of transferring the function to the FMA;

1(d) When MBIE or the Minister advised the FMA of the decision;

1(e)  When MBIE or the Minister advised the Commerce Commission of the
decision;

1(f) What steps were taken to manage the impact of the announcement on
affected employees of the Commerce Commission;

 

2 Copies of all previous advice provided to previous Ministers of Commerce
& Consumer Affairs regarding the location of this function within the FMA
or Commerce Commission.

 

In making this request I am not requesting the details of any staff named
in these documents and am happy for their names and contact details to be
redacted, provided their position is included.”

 

We will endeavour to respond to your request as soon as possible, and no
later than 29 February 2024, being 20 working days after the day your
request was received. If we are unable to respond to your request by then,
we will notify you of an extension of that timeframe.  

 

If you have any enquiries regarding your request feel free to contact us
via email to [1][MBIE request email].

 

Nâku noa, nâ

 

Ministerial Services

Corporate, Governance and Information  |   Ngâ Pou o te Taumaru

Ministry of Business, Innovation & Employment

15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

 

References

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1. mailto:[MBIE request email]
mailto:[MBIE request email]

Link to this

From: *OIA
Ministry of Business, Innovation & Employment

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Attachment DOIA 2324 1608 Ben DOIA 2324 1608 transfer advice to requestor.pdf
326K Download View as HTML

Kia ora Ben

 

Please find attached an update from MBIE regarding your recent Official
Information Act request.

 

Ngā mihi nui

 

Ministerial Services

Building, Resources and Markets

Ministry of Business, Innovation and Employment

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

 

References

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Link to this

From: CCA Admin Support

Dear Ben

 

Official information request

 

On behalf of the Hon Andrew Bayly, I am writing to acknowledge receipt of
your official information request dated 31 January 2024 for

 

"1.Copies of all information or documents in relation to this decision by
the minister, including:

1(a) Advice received from MBIE (or any other department) on the decision;

1(b) Who was consulted by MBIE or the Minister prior to announcement of
the decision, and on what date;

1(c) All estimates of the cost of transferring the function to the FMA;

1(d) When MBIE or the Minister advised the FMA of the decision;

1(e)  When MBIE or the Minister advised the Commerce Commission of the
decision;

1(f) What steps were taken to manage the impact of the announcement on
affected employees of the Commerce Commission;

 

2 Copies of all previous advice provided to previous Ministers of Commerce
& Consumer Affairs regarding the location of this function within the FMA
or Commerce Commission."

 

We received your request on 16 February. We will endeavour to respond to
your request as soon as possible and in any event no later than 15 March,
being 20 working days after the day your request was received.

 

If we are unable to respond to your request by then, we will notify you of
an extension of that timeframe.

 

If you have any queries, please feel free to contact [1]@CCA Admin
Support. If any additional factors come to light which are

relevant to your request, please do not hesitate to contact us so that
these can be considered.

 

Yours sincerely

Geoff

 

Office of Hon Andrew Bayly
Minister of Commerce and Consumer Affairs
Minister for Small Business and Manufacturing

Minister of Statistics

 

 

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Link to this

From: Carlie Bromley
Ministry of Business, Innovation & Employment

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Kia ora Ben

 

I am emailing regarding your OIA request to Hon Andrew Bayly, Minister of
Commerce and Consumer Affairs,  ref number OIA 2024-009.

 

As it stands, the scope of your request is quite broad, particularly
around the last part of your request (Copies of all previous advice
provided to previous Ministers of Commerce & Consumer Affairs regarding
the location of this function within the FMA or Commerce Commission).

 

I am writing to see if you would consider narrowing the scope of this part
of the request to the last ten years.

 

Please let me know if you agree to this new scope.

 

Ngā mihi nui

 

Carlie

 

Senior Ministerial Services Advisor

Building, Resources and Markets

Ministry of Business, Innovation and Employment

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

 

References

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Link to this

From: Ben

Dear Carlie Bromley,

If this is not obvious from the wording of the request - it is only advice about the choice between locating the relevant function within the FMA or Commerce Commission (or both, if this was considered) that I am interested in. I would be comfortable with you using a keyword searching and excluding papers that did not mention both the "Financial Markets Authority" and "Commerce Commission".

However if that doesn't reduce the burden - or if you are already trying that - I would be comfortable refining the scope of that final point with a time limit.

I'm concerned, however, that 10 years would not capture any advice given in relation to the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33), which was a substantial reform of the Act. This was originally part of the Credit Contracts and Financial Services Law Reform Bill, introduced in April 2013. It seems likely that the question would have been considered prior to the introduction of that Bill.

I would be comfortable limiting the request to 1 January 2012, but may need to send a follow up request. In particular, it is also possible the issue would have been considered immediately prior to the FMA being established in 2011, and as part of the policy process when the Financial Markets Conduct Act was passed in 2013.

Yours sincerely,

Ben

Link to this

From: Carlie Bromley
Ministry of Business, Innovation & Employment

Thanks for this Ben - I really appreciate it.

Ngā mihi nui

Carlie

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Link to this

From: CCA Admin Support

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Attachment ABOIA 2324 009 Ben response letter.pdf
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Attachment ABOIA 24 009 Ben document bundle Redacted.pdf
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Kia ora Ben,

 

Please find attached a response to your OIA request.

 

 

Kind regards,

 

 

Office of Hon Andrew Bayly

 

Member of Parliament for Port Waikato

Minister of Commerce and Consumer Affairs

Minister for Small Business and Manufacturing

Minister of Statistics
 

DDI: 04 817 6818

Email: [1][email address]    Website: [2]www.Beehive.govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

From: CCA Admin Support
Sent: Friday, February 16, 2024 3:43 PM
To: Ben <[FOI #25581 email]>
Subject: RE: Official Information request - Transfer of CCCFA functions
from Commerce Commission to the FMA

 

Dear Ben

 

Official information request

 

On behalf of the Hon Andrew Bayly, I am writing to acknowledge receipt of
your official information request dated 31 January 2024 for

 

"1.Copies of all information or documents in relation to this decision by
the minister, including:

1(a) Advice received from MBIE (or any other department) on the decision;

1(b) Who was consulted by MBIE or the Minister prior to announcement of
the decision, and on what date;

1(c) All estimates of the cost of transferring the function to the FMA;

1(d) When MBIE or the Minister advised the FMA of the decision;

1(e)  When MBIE or the Minister advised the Commerce Commission of the
decision;

1(f) What steps were taken to manage the impact of the announcement on
affected employees of the Commerce Commission;

 

2 Copies of all previous advice provided to previous Ministers of Commerce
& Consumer Affairs regarding the location of this function within the FMA
or Commerce Commission."

 

We received your request on 16 February. We will endeavour to respond to
your request as soon as possible and in any event no later than 15 March,
being 20 working days after the day your request was received.

 

If we are unable to respond to your request by then, we will notify you of
an extension of that timeframe.

 

If you have any queries, please feel free to contact [3]@CCA Admin
Support. If any additional factors come to light which are

relevant to your request, please do not hesitate to contact us so that
these can be considered.

 

Yours sincerely

 

Geoff

 

Office of Hon Andrew Bayly
Minister of Commerce and Consumer Affairs
Minister for Small Business and Manufacturing

Minister of Statistics

 

 

show quoted sections

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