[UNCLASSIFIED]

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[UNCLASSIFIED]

Kia ora J McKenzie

Thank you for your OIA request received on 25 August 2024 for:

1) Intersessional consultation,

Where allowed by the OIA (i.e. partial redactions are okay), all records of consultations with New Zealand stakeholders regarding the UN Global Plastics Treaty, including businesses, environmental groups, and other relevant actors, from January, 2022 to the present. Specifically, I am requesting:
- Meeting minutes or summaries
- Consultation reports or feedback summaries
- Stakeholder lists

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

2) NZ negotiating positions/processes.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding relevant consultation approaches, models, or relevant past examples, that may inform the New Zealand Negotiating Team (that is the team as referenced in the International Binding Instrument to End Plastic Pollution Negotiating Mandate, ENV-22-MIN-0038), in their consultation leading up to the fifth Intergovernmental Negotiating Conference (INC-5).

3) Intersessional work with ‘Pacific Small Island Developing States’ (PSIDS),

Where allowed by the OIA (i.e. partial redactions are okay), records of New Zealand’s ongoing collaborations and partnerships with PSIDS related to multilateral environmental issues. Specifically, I am requesting:
Agreements and reports: Documents related to these collaborations, including agreements or reports on joint projects or research initiatives aimed at addressing climate change and environmental challenges, with either specific PSIDS or multiple.

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

4) Funding mechanisms in the Pacific.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding developed or developing funding mechanisms for waste management in the Pacific region, particularly where it concerns ocean waste/plastics.

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

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[UNCLASSIFIED]

Tēnā koe J McKenzie

 

We refer to your email of 25 August 2024 to the Ministry of Foreign
Affairs and Trade (MFAT) in which you request the following under the
Official Information Act 1982 (OIA):

“I am making a request for information about New Zealand's work on the
UNEP ‘Internationally Binding Instrument to End Plastic Pollution’:

1.         Intersessional consultation,

a.        Where allowed by the OIA (i.e. partial redactions are okay), all
records of consultations with New Zealand stakeholders regarding the UN
Global Plastics Treaty, including businesses, environmental groups, and
other relevant actors, from January, 2022 to the present. Specifically, I
am requesting:

i.          Meeting minutes or summaries

ii.         Consultation reports or feedback summaries

iii.        Stakeholder lists

b.        Note: I understand that some information may be withheld due to
confidentiality or security reasons. If this is the case, I would
appreciate receiving documents with necessary redactions or general
summaries.

2.         NZ negotiating positions/processes.

a.        Where allowed by the OIA (i.e. partial redactions are okay),
information that can be provided regarding relevant consultation
approaches, models, or relevant past examples, that may inform the New
Zealand Negotiating Team (that is the team as referenced in the
International Binding Instrument to End Plastic Pollution Negotiating
Mandate, ENV-22-MIN-0038), in their consultation leading up to the fifth
Intergovernmental Negotiating Conference (INC-5).

3.         Intersessional work with ‘Pacific Small Island Developing
States’ (PSIDS),

a.        Where allowed by the OIA (i.e. partial redactions are okay),
records of New Zealand’s ongoing collaborations and partnerships with
PSIDS related to multilateral environmental issues. Specifically, I am
requesting agreements and reports: Documents related to these
collaborations, including agreements or reports on joint projects or
research initiatives aimed at addressing climate change and environmental
challenges, with either specific PSIDS or multiple.

b.        Note: I understand that some information may be withheld due to
confidentiality or security reasons. If this is the case, I would
appreciate receiving documents with necessary redactions or general
summaries.

4.         Funding mechanisms in the Pacific.

a.        Where allowed by the OIA (i.e. partial redactions are okay),
information that can be provided regarding developed or developing funding
mechanisms for waste management in the Pacific region, particularly where
it concerns ocean waste/plastics.

b.        This can be provided in summarised points in the interest of
avoiding substantial collation or research.”

 

I understand you have also made the same request to the Ministry for the
Environment (MfE).

 

This email is to advise that responding to your request as currently
framed captures a significant volume 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 in order to respond.

 

I note that you have asked that your request be responded to within 20
working days without extension. In order for us to consider your request
under urgency, section 12(3) of the OIA requires that the requestor give
reasons for seeking said information urgently.

 

Would you kindly please provide us with the reasons for urgency, as
required under section 12(3) of the OIA.

 

Given the substantial information to be considered for your request, the
need for consultation with you on the scope of your request, and the need
for consultations both between agencies and externally, it is highly
unlikely that all information could be provided to you within 20 working
days of your original request.

 

As such, we would be grateful if you could please consider the following:

·                Review the publicly available information provided to
you, and advise whether there are any parts of your requests you wish to
withdraw;

·                Review and confirm your approval of the below proposed
refinements to your request, and provide clarification where requested;
and

·                Advise what parts of your request you wish to be
prioritised for response first, should there be any delays.

 

Publicly available information

Proactively released Cabinet material

·                Cabinet Environment Committee paper and minute
“International Legally Binding Instrument to End Plastic Pollution:
Negotiating Mandate” dated 22 September 2022 (ENV-22-MIN-0038):
[1]https://www.mfat.govt.nz/en/media-and-re...

·                Cabinet paper and minute “Updated negotiating mandate for
an international treaty on plastic pollution” dated 15 April 2024
(CAB-24-MIN-0126):
[2]https://environment.govt.nz/what-governm...

Other helpful information

·                MfE’s “Towards an international treaty on plastic
pollution” page, providing information about the plastics pollution treaty
negotiations to-date:
[3]https://environment.govt.nz/what-governm...

·                MfE’s “International action” page, providing information
about the multilateral environmental agreements we participate in:
[4]https://environment.govt.nz/what-governm...

·                MFAT statement “Aotearoa New Zealand begins negotiations
on a UN treaty to end plastic pollution” dated 29 November 2022:
[5]https://www.mfat.govt.nz/en/media-and-re...

·                MFAT statement “Aotearoa New Zealand joins further
international negotiations to end plastic pollution” dated 29 May 2023:
[6]https://www.mfat.govt.nz/en/media-and-re...

·                MFAT’s development cooperation partnerships in the
Pacific:
[7]https://www.mfat.govt.nz/en/aid-and-deve...

·                MFAT’s climate change support:
[8]https://www.mfat.govt.nz/en/aid-and-deve...

o    Climate change support for the Pacific:
[9]https://www.mfat.govt.nz/en/aid-and-deve...

 

Proposed refinements

Part 1 – Intersessional consultation

Proposed refinement as follows:

“List of stakeholders MfE has had targeted engagement with regarding the
UN Global Plastics Treaty on Plastics Pollution in the lead up to the
fifth round of negotiations, between INC-4 in April 2024 and the date of
the request.”

 

Please note that some of the information provided above in the ‘Publicly
available information’ details some of these consultations. You are
encouraged to review these and let us know whether you wish to refine this
part of the request further.

Part 2 – New Zealand negotiating positions/processes

It is likely that this part of your request will be refused under section
18(e) of the OIA, as there are no documented consultation processes or
positions that would be in scope of your request. However, this part of
your request could be combined with part 1 of your request, which would
therefore make parts 1 and 2 of your request be for:

“Meeting minutes and external emails with stakeholders relating to MfE’s
targeted stakeholder engagement on the UN Global Plastics Treaty on
Plastics Pollution between INC-4 in April 2024 and the date of the
request, in the lead up to INC-5.”

 

You are also referred to the Ministry for the Environment (MfE) website
linked above in the ‘Publicly available information’ – ‘Proactively
released Cabinet material’ section for the Cabinet paper and minute
“Updated negotiating mandate for an international treaty on plastic
pollution” dated 15 April 2024, which is a more updated Cabinet decision
than that referred to in your original request.

Part 3 – Intersessional work with Pacific Small Island Developing States
(PSIDS)

Proposed refinement as follows:

“Formal briefings created by MFAT primarily relating to consultations with
PSIDS on the UN Global Plastics Treaty on Plastics Pollution between the
lead up to INC-1 and the date of the request, in the lead up to INC-5.”

 

Both MFAT and MfE lead a lot of work with the Pacific and on Climate
Change more generally. You may wish to refer to the links provided above
in the ‘Publicly available information’ – ‘Other helpful information’
section.

Part 4 – Funding mechanisms in the Pacific

Proposed refinement as follows:

“Current funding mechanisms for waste management in the Pacific region
developed or under development by MFAT or MfE in relation to the UNEP
Plastics Pollution Treaty Negotiations.”

 

You may wish to refer to the MFAT website pages linked above in the
‘Publicly available information’ – ‘Other helpful information’ section for
information on MFAT’s development cooperation partnerships in the Pacific
region and climate change support for the Pacific for information that may
cover parts of this request.

 

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 Monday 2 September 2024. If we do not hear from you, we will proceed
with your original request.

 

Please note, any clarification or amendment of a request is considered to
be a new request for the purpose of calculating the maximum statutory
timeframe for response (section 15(1AA) of the OIA refers).

 

You have the right to seek an investigation and review by the Ombudsman of
this decision by contacting [10]www.ombudsman.parliament.nz or freephone
0800 802 602.

 

Ngā mihi

 

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

 

 

 

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[UNCLASSIFIED]

Tēnā koe J McKenzie

 

Thank you for your email of 1 September 2024 in which you agreed to refine
your request to be for:

1.              “Stakeholder Lists as well as meeting minutes and external
emails with stakeholders relating to MfE’s targeted stakeholder engagement
on the UN Global Plastics Treaty on Plastics Pollution between INC-4 in
April 2024 and the date of the request, in the lead up to INC-5.”

2.              “Formal briefings created by MFAT primarily relating to
consultations with PSIDS on the UN Global Plastics Treaty on Plastics 
Pollution between the lead up to INC-3 and the date of the request, in the
lead up to INC-5.”

3.              “Current funding mechanisms for waste management in the
Pacific region developed in the last 5 years or under development by MFAT
or MfE in relation but not exclusively to the UNEP Plastics Pollution
Treaty Negotiations.”

 

Your refined request is acknowledged and a response will be provided in
due course.

 

It would have been necessary under section 14(b) of the OIA to transfer
your request in part to the Ministry for the Environment (MfE) because
some the information you requested is held by that agency. However, we are
aware that you have already made your request to MfE and therefore we have
not transferred it.

 

MfE will provide a response to the following parts of your request:

1.              “Stakeholder Lists as well as meeting minutes and external
emails with stakeholders relating to MfE’s targeted stakeholder engagement
on the UN Global Plastics Treaty on Plastics Pollution between INC-4 in
April 2024 and the date of the request, in the lead up to INC-5.”

3.              “Current funding mechanisms for waste management in the
Pacific region developed in the last 5 years or under development by MfE
in relation but not exclusively to the UNEP Plastics Pollution Treaty
Negotiations.”

 

MFAT are responding to the following parts of your request:

2.              “Formal briefings created by MFAT primarily relating to
consultations with PSIDS on the UN Global Plastics Treaty on Plastics 
Pollution between the lead up to INC-3 and the date of the request, in the
lead up to INC-5.”

3.              “Current funding mechanisms for waste management in the
Pacific region developed in the last 5 years or under development by MFAT
in relation but not exclusively to the UNEP Plastics Pollution Treaty
Negotiations.”

 

You will hear further from the Ministry for the Environemnt concerning the
relevant parts of your request.

 

Ngā mihi

 

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

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[UNCLASSIFIED]

Kia ora J McKenzie

 

Please find attached response to your refined OIA request of 1 September
2024.

 

Ngā mihi

 

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

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