Printed from https://fyi.org.nz/request/2972-new-zealand-s-intended-contribution-to-the-new-global-climate-change-agreement on April 20, 2024 10:22

New Zealand's intended contribution to the new global climate change agreement

Simon Johnson made this Official Information request to Ministry of Foreign Affairs and Trade

The request was successful.

From: Simon Johnson

Dear Ministry of Foreign Affairs and Trade,

I have read with interest the cabinet paper "New Zealand's intended contribution to the new global climate change agreement" dated June 2015 that is available for download from the Ministry of Environment's website.

This paper mentions the comments of the Ministry of Foreign Affairs and Trade in several places (page 11; paragraph 79, page 23; Appendix 6, paragraph 7).

Will you please provide me with a copy of the report or document that set out the Ministry's comments and was provided to the writers of the cabinet paper

Yours faithfully,

Simon Johnson

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From: AGNEW, Peter (ESD)
Ministry of Foreign Affairs and Trade

Attachment image001.jpg
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Attachment OIA 24040 Simon Johnson Response Letter.pdf
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[UNCLASSIFIED]

Dear Mr Johnson

 

Please find attached the Ministry’s response to your OIA request dated 22
July regarding the Cabinet Paper on climate change from the Ministry of
Environment’s website.

 

Kind regards

 

 

Peter Agnew

Senior Adviser

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

 

T +64 4 439 8408 E  [1][email address]

 

 

195 Lambton Quay, Private Bag 18901
Wellington 6160

New Zealand

[2]www.mfat.govt.nz | [3]www.embassy.govt.nz | [4]www.aid.govt.nz |
[5]www.safetravel.govt.nz

 

 

 

[6]cid:image001.jpg@01CDF8B8.6EB9E580

 

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Simon Johnson left an annotation ()

MFAT have refused to provide their advice to MfE on the grounds that the comment provided was annotated onto the draft copy of the MfE cabinet paper. Therefore MFAT did not produce a specific unique document, so no information exists which they can provide (Section 18 OIA). Seems to be "form-over-substance" thinking to me. Comments on a draft paper would appear to still be "official information". Another option they had would have been to transfer the request to the Ministry for the Environment - who I hope would keep copies of annotated draft cabinet papers.

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Oliver Lineham (FYI.org.nz volunteer) left an annotation ()

IANAL but if the comment was communicated to MfE but not recorded - or has since been destroyed - then that sounds like a breach of the Public Records Act.

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From: Simon Johnson

Dear Peter Agnew (ESD),

Thank you for the reply dated 18 August 2015. I hope you don't mind if I ask a question or two of clarification.

Can you please explain what exactly is meant by stating that the Ministry's comments "were provided direct to a draft version of the cabinet paper"? Does this mean that comments were provided on either a hard copy or an electronic "track-changed" version or similar of a draft of the cabinet paper that was returned to the Ministry for the Environment?

Can you confirm that your Ministry did not keep a copy of the annotated hard copy or electronic "track-changed" version or similar?

Is it standard practice to provide feedback on draft Ministry for the Environment cabinet papers in hard copy or electronic "track-changed" version or similar without keeping a copy?

May I suggest that the official information I requested was the annotated comments of MFAT officials, whether in annotated hard copy or electronic "track-changed" version or similar, on the draft cabinet paper irrespective of it not being in the form of a unique report or document. And that if MFAT has not kept a copy, it was open for you to consider that the information would be held (Section 18(g)) by another agency - the Ministry for the Environment, and that the appropriate course of action would have been to transfer the request to the Ministry for the Environment under Section 14 of the OIA?

Yours sincerely,

Simon Johnson

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Simon Johnson left an annotation ()

I have complained to the Ombudsmen.

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From: AGNEW, Peter (ESD)
Ministry of Foreign Affairs and Trade

[UNCLASSIFIED]

Good afternoon Simon

Thanks for your response. I will take up your queries with the relevant division here at the Ministry that processed your request. I should be able to get a response to you by the end of this week.

Kind regards

Peter Agnew

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From: AGNEW, Peter (ESD)
Ministry of Foreign Affairs and Trade

[UNCLASSIFIED]

Dear Mr Johnson

Thanks for your email of 19 August. A track-changed draft version of the MfE Cabinet Paper was within scope of your request, but was withheld in full under sections 6(a), 6(b) and sections 9(2)(g) and 9(2)(j) of the Official Information Act.

Please accept my apologies if this was not made clear in our initial response to you.

The Ministry provides comments on Cabinet papers both in written form, and by way of face to face meetings.

Kind regards

Peter Agnew

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From: Simon Johnson

Dear Peter (ESD),

Thank you for your reply.
I have asked the Office of the Ombudsmen to review the Ministry's decision to withhold information.

Yours sincerely,

Simon Johnson

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Simon Johnson left an annotation ()

I have just sent an email to the Ombudsmen to amend the grounds of my complaint about MFAT's refusal to provide information.

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From: ESD
Ministry of Foreign Affairs and Trade

Attachment image001.jpg
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Attachment OIA 25345 Simon Johnson response letter.pdf
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Attachment OIA 25345 Simon Johnson document.pdf
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[UNCLASSIFIED]

Dear Simon Johnson

 

Please see the attached letter in regards to your OIA request of 22 July
2015.

 

Kind regards,

 

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

 

T +64 4 439 8000   E  [1][email address]  

 

 

 

195 Lambton Quay, Private Bag 18901
Wellington 6160

New Zealand

[2]www.mfat.govt.nz  |   [3]www.nzembassy.com  |  [4]www.aid.govt.nz  | 
[5]www.safetravel.govt.nz  |  [6]www.nzunsc.govt.nz

 

 

[7]Description: cid:image005.jpg@01CEB937.55A8D1B0

 

 

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From: Simon Johnson

Dear ESD,
Thank you very much for the draft cabinet paper showing the Ministry of Foreign Affairs and Trade's comments on the proposed 2030 climate change target cabinet paper.
I have asked the Ombudsman to close their file on this matter.

Yours sincerely,

Simon Johnson

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