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
From: AGNEW, Peter (ESD)
Ministry of Foreign Affairs and Trade
[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
--------------------------------------------------------------------------
"The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
Ministry. It may be legally privileged. If you are not the intended
recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately."
References
Visible links
1. mailto:[email address]
2. file:///tmp/www.mfat.govt.nz
3. http://www.embassy.govt.nz/
4. http://www.aid.govt.nz/
5. http://www.safetravel.govt.nz/
hide quoted sections
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.
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
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
-----Original Message-----
From: Simon Johnson [mailto:[FOI #2972 email]]
Sent: Wednesday, 19 August 2015 1:13 p.m.
To: AGNEW, Peter (ESD)
Subject: Re: OIA Request: Climate Change
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
-----Original Message-----
[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
"The information contained in this email message is intended only for the addressee and is not necessarily the official view or communication of the Ministry. It may be legally privileged. If you are not the intended recipient you must not use, disclose, copy or distribute this message or the information in it as this may be unlawful. If you have received this message in error, please email or telephone the sender immediately."
hide quoted sections
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
-----Original Message-----
From: Simon Johnson [mailto:[FOI #2972 email]]
Sent: Wednesday, 19 August 2015 1:13 p.m.
To: AGNEW, Peter (ESD)
Subject: Re: OIA Request: Climate Change
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
-----Original Message-----
[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
"The information contained in this email message is intended only for the addressee and is not necessarily the official view or communication of the Ministry. It may be legally privileged. If you are not the intended recipient you must not use, disclose, copy or distribute this message or the information in it as this may be unlawful. If you have received this message in error, please email or telephone the sender immediately."
hide quoted sections
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
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.
From: ESD
Ministry of Foreign Affairs and Trade
image001.jpg
42K
Download
OIA 25345 Simon Johnson response letter.pdf
317K
Download
View as HTML
OIA 25345 Simon Johnson document.pdf
617K
Download
View as HTML
[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
--------------------------------------------------------------------------
"The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
Ministry. It may be legally privileged. If you are not the intended
recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately."
References
Visible links
1. mailto:[email address]
2. file:///tmp/www.mfat.govt.nz
3. http://www.nzembassy.com/
4. http://www.aid.govt.nz/
5. http://www.safetravel.govt.nz/
6. http://www.nzunsc.govt.nz/
hide quoted sections
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
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
If you believe this request is not suitable, you can report it for attention by the site administrators
Report this requestAct on what you've learnt
Similar requests
New Zealand's intended contribution to the new global climate change agreement
To The Treasury by Simon Johnson
Arrangement of Cooperation for Operation Wasawasa 2017 and 2018
To Ministry of Foreign Affairs and Trade by Simon Ewing-Jarvie
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.
Link to this