New Zealand Ministry of
Foreign Affairs and Trade
Manatū Aorere
18 September 2024
195 Lambton Quay
Private Bag 18−901
Wellington 6160
New Zealand
J McKenzie
T +64 4 439 8000
[FYI request #28178 email]
F +64 4 472 9596
OIA 29631
Tēnā koe J McKenzie
Thank you for 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.
e [MFAT request email]
w www.mfat.govt.nz
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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.”
On 1 September 2024, 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.”
It would have been necessary under section 14 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 and each agency will respond for the parts of the request relevant to
that organisation.
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.”
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Response to your request
Part 2
In scope of part 2 of your request are the following briefings:
•
New Zealand-Vanuatu High Level Consultations: International treaty to end plastic pollution,
dated February 2024
•
SPREP INC4 Preparatory Meeting 13-14 February 2024, dated February 2024.
Some information is withheld under the following sections of the OIA:
•
6(a): to avoid prejudicing the security or defence of New Zealand or the international
relations of the New Zealand Government; and
•
9(2)(j): to avoid prejudice to negotiations.
Where the information has been withheld under section 9 of the OIA, we have identified no public
interest in releasing the information that would override the reasons for withholding it.
Part 3
There is no information on funding mechanisms for waste management in the Pacific region
developed in the last five years or under development by MFAT or MfE. Accordingly, this part of
your request is refused under section 18(e) of the OIA, as the information does not exist. There
are ongoing discussions on a funding mechanism, which are taking place within the
Intergovernmental Negotiating Committee, as part of the UNEP Plastics Pollution treaty
negotiations. However, these discussions relate to the funding mechanism as part of the means of
implementation for the treaty and are not specifically related to the Pacific region but relate to all
Parties of the future treaty.
In the Pacific region the Secretariat for the Pacific Regional Environment Programme (SPREP) is
the key regional agency with responsibility for waste management and pollution control efforts.
More information on their work in this area can be found on SPREP’s website:
https://www.sprep.org/. New Zealand provides core and programmatic funding to SPREP to
support all of its operations.
Please note that it is our policy to proactively release our responses to official information
requests where possible. Therefore, our response to your request (with your personal information
removed) may be published on the Ministry website:
www.mfat.govt.nz/en/about-us/contact-
us/official-information-act-responses/
If you have any questions about this decision, you can contact us by email at:
[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.
Nāku noa, nā
Sarah Corbett
for Secretary of Foreign Affairs and Trade
New Zealand-Vanuatu High Level Consultations: International
treaty to end plastic pollution
Talking points
•
New Zealand has appreciated working closely with the Pacific region on negotiations
towards an international treaty to end plastic pollution. Our Pacific voice is strongest
when we speak together. New Zealand values our close relationship with our Pacific
neighbours and the opportunity to work together to pursue our shared ambition to
end plastic pollution.
•
We are grateful to Vanuatu, as Chair of the Pacific Small Island Developing States
group, for attending the recent Pacific regional preparatory meeting in Auckland in
February. New Zealand looks forward to continuing our close cooperation together
at the next round of negotiations in Ottawa in April 2024.
Background
International treaty to end plastic pollution
1.
Under the auspices of the United Nations Environment Programme, countries are
currently negotiating an international treaty to end plastic pollution (Plastics Treaty)
through an Intergovernmental Negotiating Committee. Five negotiation rounds have
been mandated, with the aim of concluding negotiations by the end of 2024. The
next and fourth round is taking place in Ottawa, Canada in April 2024.
2.
Transboundary plastic pollution presents a significant challenge for the Pacific region.
All 14 Pacific Small Island Developing States (PSIDS) s6(a)
engage in negotiations as the PSIDS group. s6(a)
3.
New Zealand recently co-hosted a Pacific regional preparatory meeting with the
Secretariat of the Pacific Regional Environment Programme (SPREP), 13-15 February
in Auckland. This meeting facilitated a face–to-face discussion of respective priorities
in the negotiation, and helped delegates prepare for the upcoming negotiation round
in Ottawa, April 2024 (INC4). The meeting was well-attended with all 14 PSIDS in
attendance, along with Australia and New Zealand.
under the Official Information Act 1982
Climate, Antarctica and Environment Division
February 2024
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SPREP INC4 Preparatory Meeting
13-14 February 2024
Auckland
1982
Act
Information
Official
the
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What is your highest ambition?
• As some of you may know, New Zealand has had a change of Government and we
still
need to test our existing negotiating mandate with the current
Government. We are looking to do this in early March, ahead of INC4.
• However, in terms of
ambition and priorities to date, New Zealand has:
o Supported an instrument that is focused on circular economy and waste
hierarchy principles; i.e.; keeping materials in circulation for as long as
possible, avoiding generating plastic waste in the first place, and treating
destruction and disposal to landfill as the least desirable options for tackling
plastic pollution.
o s9(2)(j)
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o Prioritised a low emission approach to options to reduce plastic waste.
o Advocated for recognition of the role that Indigenous Peoples and traditional
knowledge play in the sustainable management and protection of the
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environment.
o Supported Pacific interests where they align with those of New Zealand.
What are your priorities in the Revised Zero Draft?
• New Zealand is
still analysing the Revised Zero Draft. We are yet to undertake
consultation with other Government departments as well as stakeholders and
partners.
Information
• We have started identifying the
provisions that we think are key to achieving
an ambitious treaty. s9(2)(j)
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the
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Views on what is essential to advance negotiations in INC4 and how to get an
agreed treaty text by end of INC5
• The
Revised Zero Draft is a complex document, where essentially all options
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are still on the table.
• To make progress at INC4, we consider it
essential that the Chair provides
some structure and early certainty around how discussions will be approached
at INC4. In addition to engagement through our Bureau members, the proposed
Head of Delegation meetings are an opportunity to ensure that this happens.
• It will be
fundamental to ensure that there are clear mandates, processes,
and timeframes for Contact Groups for delegations to stick to, and that these
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are communicated as soon as possible to avoid some of the confusion that we saw
at INC3.
• We think there’s value in INC4
starting discussions where there might be more
consensus and see this as an opportunity to build some much needed trust
between INC members.
• It is critical that we agree a mandate for
intersessional work between INC4 and
INC5 to ensure that we can conclude negotiations by the end of the year.
• s9(2)(j)
Also, most of us have small delegations so there
may be value in us
discussing this week what an ideal programme of intersessional work
would look like for the Pacific region so that we are ready to feed into, and shape,
discussions early.
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Part I.2 Objective
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• The objective of the instrument should
clearly and plainly communicate an
ambition to eliminate plastic pollution. It should reflect the broad scope of the
instrument, and recognise the effect of plastic pollution on human and
environmental health.
• For this reason,
New Zealand would prefer Option 1 in the Revised Zero
Draft, but we could also work with some of the elements of Option 2; although
there are a number of proposals in Option 2 that we feel would weaken the ambition
of the treaty. For example, the proposal to include “through the prevention,
progressive reduction and remediation of [additional] plastic pollutio
Information n”.
• [
If needed on “by 2040”]: As a member of the High Ambition Coalition to End
Plastic Pollution, New Zealand supports and recognises the need to eliminate plastic
pollution by 2040. However, we consider it unusual to have a time-bound objective
in the instrument, and it may throw into question the ongoing relevance of the
instrument.
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Part I.3 Definitions
the
• New Zealand supports defining terms that are critical to understanding and
implementing the proposed measures in the zero draft. For example, avoidable and
problematic plastics, primary plastics, plastic products, microplastics, lifecycle and
more.
• We consider that a definition on plastic is critical to the scope and implementation
under
of the instrument.
•
For these reasons, New Zealand would prefer to work with Option 1 in the
Revised Zero Draft. We support further discussion on definitions at INC4 and
through intersessional work.
Part I.5 Scope
• New Zealand supports UNEA resolution 5/14 providing the basis for the scope of
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the future instrument. We support a broadly scoped instrument that captures the
full lifecycle of plastics, including from the extraction of raw materials through to
disposal and pollution impacts on ecosystems and human health.
• We consider that raw materials and primary polymers are very clearly in scope of
the full lifecycle of plastics.
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Part II.1 Primary plastic polymers
• s9(2)(j)
while this will
require measures such as recycling, we have a preference for actions at the top of
the waste hierarchy (e.g. reuse, reduce, repair). s9(2)(j)
• Government incentives, including in the form of subsidies, have a key role in the
plastics pollution crisis by reducing the cost of inputs to plastic production Subsidies
directly impact the cost of producing primary plastic polymers and plastic products,
making them cheaper than recycled or alternative products. s9(2)(j)
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• [if needed on targets] s9(2)(j)
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Focus could be on particular sectors to ensure efforts are targeted and that plastics
can continue to be accessed where they are necessary.
Part II.2 Chemicals and polymers of concern
• New Zealand supports a legally binding and timebound provision for chemicals and
polymers of concern. We also support avoiding duplication with other existing MEAs
in addressing harmful chemicals. We are interested in others’ views on Option 2,
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paragraph 2 in the Revised Zero Draft which references the Stockholm convention.
• We note reference to the Science, Technology and Economics Panels (STEPs) in
making recommendations on a list of hazardous, problematic, and avoidable
chemicals, polymers or plastic products within Option 4 of the Revised Zero Draft,
and support reference to Indigenous Peoples and local communities here. We
welcome further discussion on this.
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Part II.3 Problematic and avoidable plastic products, including short-lived and
the
single-use plastic products and intentionally added microplastics
• New Zealand strongly supports the development of legally-binding globally agreed
criteria for problematic and avoidable plastic products and supports measures to
limit the production and use of these products. s9(2)(j)
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• New Zealand supports strong measures to eliminate intentionally added
microplastics.
Part II.5 Product design
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• On 5a Product design and performance, and 5b Reduce, reuse, refill and repair of
plastics and plastic products, New Zealand supports legally binding obligations
requiring Parties to adopt design and performance criteria, s9(2)(j)
We emphasise the importance of plastic
reduction and that reuse, refill and repair must be supported by a range of
materials, not just plastic to avoid regrettable substitutes.
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• On 5c, Recycled content, New Zealand supports minimum percentages to avoid risk
of countering reduction efforts, creating supply issues to meet targets and safety
of recycled plastics.
• On 5d Alternative plastics and plastic alternatives, New Zealand supports provisions
that focus first on actions at the top of the waste hierarchy, and provide strong
guidance for the use of alternatives.
Part II.7 Extended producer responsibility
• New Zealand supports the inclusion of mechanisms to increase the obligations of
responsible Parties/actors throughout the value chain of plastics and plastic
products, s9(2)(j)
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We would welcome a discussion from SPREP members as to how they envisage
a regional EPR system might work under the instrument.
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Part II.8 Emissions and releases of plastic throughout its life cycle
• New Zealand supports the inclusion of the full lifespan of plastic including from
extraction and production to disposal in this provision, and that it adopts a low
emissions approach. New Zealand also supports the inclusion of products developed
as ‘alternatives’ to plastics in option 1, to keep ahead and pre-empt any release
and emissions issues.
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Part II.9 Waste management
• New Zealand places a high priority on measures that ensure the safe, proper and
environmentally sound collection, management and disposal of plastic waste. Like
others, New Zealand seeks to strengthen the role of the waste hierarchy across this
provision by clearly signalling that minimisation, reuse and recycling are the desired
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outcomes, with disposal as the least desirable.
Part II.13 Transparency, tracking and labelling
the
• New Zealand supports increased transparency of the types and volumes of the
production of plastics, including imports and exports of chemicals and polymers
used in the production of plastic polymers. It is also important to ensure any
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marking or labelling requirements are supported by systems and technology that
make them practical and implementable.
Part III.1 Financing [mechanism [and resources]]
• [
If needed:]
o An efficient and effective financial mechanism, that can address the high and
rapidly increasing levels of plastics pollution, is
critical to the successful
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implementation of the instrument.
o New Zealand
supports a wide range of means of implementation and
we support a robust financial mechanism that is efficient and effective.
o Establishing
a new fund comes at considerable cost, reduces
efficiencies, and takes time. On the other hand, efficiency and
effectiveness can be gained from expanding an existing financial
arrangement.
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o Access to funds and MEA reporting is already burdensome for some LDCs
and SIDS.
Working with and through an existing fund that has
existing architecture can help to simplify access to funds and to
streamline and coordinate MEA reporting. For instance, part of the
agreement to establish the new Global Biodiversity Framework Fund under
the Global Environment Facility (GEF), included a requirement for the GEF
to simplify its application processes for accessing funding.
o New Zealand would be
supportive of considering a mandate for the
Secretariat to map financial resources for addressing plastic pollution at
the international, regional and national levels. This analysis will be crucial in
determining and shaping the financial mechanism for the instrument.
o New Zealand is
supportive of the recognition of the specific needs and
special circumstances of SIDS and LDCs.
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Part IV.1 National implementation/action plans
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• New Zealand supports an obligation for Parties to adopt and implement a national
action plan that is carefully aligned with the scope, objectives and targets of the
instrument, s9(2)(j)
. New Zealand is
pleased to see a provision for National implementation/action plans within the
Revised Zero Draft.
• We would like to see a requirement for Parties to report in their national plans any
government subsidies that contribute to plastic pollution.
Possible annexes to the instrument Annex X – Effective measures a
Information
t each stage
of plastic lifecycle (and corresponding Part II.13bis – Overarching provision
related to Part II
• New Zealand notes the proposed new section in Part II of the revised zero draft for
an overarching provision that relates to the provisions contained in Part II. We
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interpret this section as a synthesising of the provisions in Part II, listed in Annex
X by order of how the provisions relate to the stages of the plastic lifecycle (ie, from
production to disposal). [While there is benefit in collating all the measures in one
the
tidy annex, we caution that the Annex should be an accurate reflection of the
measures and ambition included in the provisions in Part II, and not used to
introduce or change the meaning or emphasis of the agreed provisions.]
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Document Outline
