MBIE and ERA Ministerial documents

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

Response to this request is delayed. By law, Ministry of Business, Innovation & Employment should normally have responded promptly and by (details and exceptions)

From: Erika Whittome

Dear Ministry of Business, Innovation & Employment,

1 Would you please share the reports and directions from the Minister of Workplace relations that MBIE and the ERA received for 2024 and 2025.

2. Would you please share these documents on MBIE's website which have titles on this webpage but no content. https://www.mbie.govt.nz/about/open-gove...

This is the list copied and pasted:
BRIEFING-REQ-0007323 Advice on the transitional provision for the personal grievance income threshold 15 January MBIE
BRIEFING-REQ-0008015 Employment Relations Amendment (Partial Strikes) Bill: Initial Briefing 15 January MBIE
BRIEFING-REQ-0008163 Employment Relations (Employee Remuneration Disclosure) Amendment Bill - Member's Bill - Initial Briefing.docx 16 January MBIE
BRIEFING-REQ-0008125 Title withheld: Confidential advice to Government 21 January MBIE
BRIEFING-REQ-0008192 Title withheld: Confidential advice to Government 22 January MBIE
BRIEFING-REQ-0008022 MBIE Workplace Relations and Safety Policy Weekly Report - Week ending 23 January 2025 23 January MBIE
BRIEFING-REQ-0008352 HAct Cover note for Minister Meeting 24 January MBIE
BRIEFING-REQ-0008381 Additional information regarding the subcontracting criterion in the new gateway test 29 January MBIE
BRIEFING-REQ-0008363 MBIE Workplace Relations and Safety Policy Weekly Report - Week ending 30 January 2025 30 January MBIE
BRIEFING-REQ-0008194 Title withheld: Confidential advice to Government 30 January MBIE

I request this under the OIA 1982 and if there are in-house lawyers employed by our government departments, I would like to highlight that the client is indeed the Public.

In-house lawyers in government departments have a duty to act in the public interest and provide legal advice that supports the departments' functions and responsibilities to the public.

I would not expect any of my requested information to be withheld under the "legal privilege" section of the Act.

Yours faithfully,

Erika Whittome

Link to this

From: NoReplyMinisterialServices
Ministry of Business, Innovation & Employment


Attachment image.jpeg.jpg
7K Download


Kia ora Erika Whittome,
 
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 22/02/2025 requesting, under the Official
Information Act 1982, the following:
1 Would you please share the reports and directions from the Minister of
Workplace relations that MBIE and the ERA received for 2024 and 2025.

2. Would you please share these documents on MBIE's website which have
titles on this webpage but no content.
https://aus01.safelinks.protection.outlo...

This is the list copied and pasted:
BRIEFING-REQ-0007323    Advice on the transitional provision for the
personal grievance income threshold        15 January      MBIE
BRIEFING-REQ-0008015    Employment Relations Amendment (Partial Strikes)
Bill: Initial Briefing 15 January      MBIE
BRIEFING-REQ-0008163    Employment Relations (Employee Remuneration
Disclosure) Amendment Bill - Member's Bill - Initial Briefing.docx  16
January      MBIE
BRIEFING-REQ-0008125    Title withheld: Confidential advice to
Government       21 January      MBIE
BRIEFING-REQ-0008192    Title withheld: Confidential advice to
Government       22 January      MBIE
BRIEFING-REQ-0008022    MBIE Workplace Relations and Safety Policy Weekly
Report - Week ending 23 January 2025  23 January      MBIE
BRIEFING-REQ-0008352    HAct Cover note for Minister Meeting    24
January      MBIE
BRIEFING-REQ-0008381    Additional information regarding the
subcontracting criterion in the new gateway test   29 January      MBIE
BRIEFING-REQ-0008363    MBIE Workplace Relations and Safety Policy Weekly
Report - Week ending 30 January 2025  30 January      MBIE
BRIEFING-REQ-0008194    Title withheld: Confidential advice to
Government       30 January      MBIE

I request this under the OIA 1982 and if there are in-house lawyers
employed by our government departments, I would like to highlight that the
client is indeed the Public.
 
We will endeavour to respond to your request as soon as possible, and no
later than 21/03/2025, 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].
 
Nāku noa, nā
Ministerial Services
Strategy and Assurance
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

References

Visible links
1. mailto:[MBIE request email]

Link to this

From: NoReplyMinisterialServices
Ministry of Business, Innovation & Employment

Kia ora Erika

 

Thank you for your request on 22 February 2025 to the Ministry of
Business, Innovation and Employment (MBIE) requesting for copies of
specific documents and for the following information:

 

“1 Would you please share the reports and directions from the Minister of
Workplace relations that MBIE and the ERA received for 2024 and 2025.”

 

Regarding the above quoted part of your request, while no decision has
been made at this stage, our view is that we would be likely to need to
refuse this information under section 18(f) of the OIA due to the need for
substantial collation and research. To identify all directions received by
MBIE and the ERA from the Minister would require searching through almost
all communication received from the Minister’s office during the specified
period. 

 

However, we have identified that the Mid-Year and End of Year Performance
Reports received by MBIE may be relevant to your request. I am reaching
out to seek if you would be willing exclude the directions from the
Minister from your request, and rescope the first part of your request to
these performance reports for the period 2024-2025?

 

We would appreciate if you can please let us know how you would like to
proceed by 14 March.

 

We are continuing to work on the briefings you have requested. 

 

Thank you

 

Nâku noa, nâ

Ministerial Services

Labour, Science and Enterprise
Ministry of Business, Innovation & Employment

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

 

 

------------------- Original Message -------------------
From: [FOI #30178 email]; 
Received: Sat Feb 22 2025 12:19:16 GMT+1300 (New Zealand Daylight Time)
To: OIA <[MBIE request email]>; 
Subject: Official Information request - MBIE and ERA Ministerial documents

Dear Ministry of Business, Innovation & Employment,

1 Would you please share the reports and directions from the Minister of
Workplace relations that MBIE and the ERA received for 2024 and 2025.

2. Would you please share these documents on MBIE's website which have
titles on this webpage but no content.
[1]https://aus01.safelinks.protection.outlo...

This is the list copied and pasted:
BRIEFING-REQ-0007323    Advice on the transitional provision for the
personal grievance income threshold        15 January      MBIE
BRIEFING-REQ-0008015    Employment Relations Amendment (Partial Strikes)
Bill: Initial Briefing 15 January      MBIE
BRIEFING-REQ-0008163    Employment Relations (Employee Remuneration
Disclosure) Amendment Bill - Member's Bill - Initial Briefing.docx  16
January      MBIE
BRIEFING-REQ-0008125    Title withheld: Confidential advice to
Government       21 January      MBIE
BRIEFING-REQ-0008192    Title withheld: Confidential advice to
Government       22 January      MBIE
BRIEFING-REQ-0008022    MBIE Workplace Relations and Safety Policy Weekly
Report - Week ending 23 January 2025  23 January      MBIE
BRIEFING-REQ-0008352    HAct Cover note for Minister Meeting    24
January      MBIE
BRIEFING-REQ-0008381    Additional information regarding the
subcontracting criterion in the new gateway test   29 January      MBIE
BRIEFING-REQ-0008363    MBIE Workplace Relations and Safety Policy Weekly
Report - Week ending 30 January 2025  30 January      MBIE
BRIEFING-REQ-0008194    Title withheld: Confidential advice to
Government       30 January      MBIE

I request this under the OIA 1982 and if there are in-house lawyers
employed by our government departments, I would like to highlight that the
client is indeed the Public. 

In-house lawyers in government departments have a duty to act in the
public interest and provide legal advice that supports the departments'
functions and responsibilities to the public. 

I would not expect any of my requested information to be withheld under
the "legal privilege" section of the Act.

Yours faithfully,

Erika Whittome

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #30178 email]

Is [MBIE request email] the wrong address for Official Information requests to
Ministry of Business, Innovation &amp; Employment? If so, please contact
us using this form:
[2]https://aus01.safelinks.protection.outlo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://aus01.safelinks.protection.outlo...

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------

 

References

Visible links
1. https://www.mbie.govt.nz/about/open-gove...
2. https://fyi.org.nz/change_request/new?bo...
3. https://fyi.org.nz/help/officers

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Link to this

From: Erika Whittome

Dear NoReplyMinisterialServices,

For question 1 are there summary reports, please or
Weekly briefings ?

Yours sincerely,

Erika Whittome

Link to this

From: NoReplyMinisterialServices
Ministry of Business, Innovation & Employment


Attachment DOIA REQ 0010068 Extension.pdf
172K Download View as HTML


Kia ora Erika

 

Thank you for your question. Our apologies for the delay responding. We
have considered this in detail. MBIE does not receive summary reports or
weekly reports containing directions from Ministers. 

 

As a government agency, ‘directions from Ministers’ is a very broad topic.
It can range from preferences about the length of papers, through to
policy decisions. 

 

Directions from Ministers are generally conveyed to MBIE through decisions
on briefings and comments written on the briefing papers, but also in
meetings, conversations, and email correspondence throughout the policy
development process. 

 

As such, identifying all directions from a Minister would involve looking
through a very large amount of communication to find those that contain
directions. At this stage we are still likely to need to refuse this part
of your request.

 

As mentioned, we have identified MBIE’s six-monthly performance reports
from the Minister as potentially being in scope of “reports… from the
Minister”. However, these reports address MBIE’s performance generally and
do not summarise directions from ministers. Since your request seems to be
interested in the directions aspect, we believe these reports are most
likely not the type of information you are requesting.
 

We are close to completing your request for the ten named documents.
However, we require some more time to complete some consultations. Please
find an extension letter attached.
 

Nāku noa, nā

Ministerial Services

Labour, Science and Enterprise
Ministry of Business, Innovation & Employment

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

 

------------------- Original Message -------------------
From: Erika Whittome <[FOI #30178 email]>; 
Received: Fri Mar 14 2025 04:50:43 GMT+1300 (New Zealand Daylight Time)
To: MBIE Ministerials <[email address]>; 
Subject: RE: Official Information request - MBIE and ERA Ministerial
documents (MBIE ref: DOIA-REQ-0010068) [UNCLASSIFIED] CRM:0400050

Dear NoReplyMinisterialServices,

For question 1 are there summary reports, please or
Weekly briefings ? 

Yours sincerely,

Erika Whittome

-----Original Message-----

Kia ora Erika

  

 Thank you for your request on 22 February 2025 to the Ministry of
 Business, Innovation and Employment (MBIE) requesting for copies of
 specific documents and for the following information:

  

 “1 Would you please share the reports and directions from the Minister of
 Workplace relations that MBIE and the ERA received for 2024 and 2025.”

  

 Regarding the above quoted part of your request, while no decision has
 been made at this stage, our view is that we would be likely to need to
 refuse this information under section 18(f) of the OIA due to the need
for
 substantial collation and research. To identify all directions received
by
 MBIE and the ERA from the Minister would require searching through almost
 all communication received from the Minister’s office during the
specified
 period. 

  

 However, we have identified that the Mid-Year and End of Year Performance
 Reports received by MBIE may be relevant to your request. I am reaching
 out to seek if you would be willing exclude the directions from the
 Minister from your request, and rescope the first part of your request to
 these performance reports for the period 2024-2025?

  

 We would appreciate if you can please let us know how you would like to
 proceed by 14 March.

  

 We are continuing to work on the briefings you have requested. 

  

 Thank you

  

 Nâku noa, nâ

 Ministerial Services

 Labour, Science and Enterprise
 Ministry of Business, Innovation & Employment

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

  

  

 ------------------- Original Message
 
This is an Official Information request made via the FYI website.

 Please use this email address for all replies to this request:
 [FOI #30178 email]

 Is [MBIE request email] the wrong address for Official Information
requests to
 Ministry of Business, Innovation &amp; Employment? If so, please contact
 us using this form:
 [2]https://aus01.safelinks.protection.outlo...

 Disclaimer: This message and any reply that you make will be published on
 the internet. Our privacy and copyright policies:
 [3]https://aus01.safelinks.protection.outlo...

 If you find this service useful as an Official Information officer,
please
 ask your web manager to link to us from your organisation's OIA or LGOIMA
 page.

 -------------------------------------------------------------------

  

References

 Visible links
 1.
[1]https://aus01.safelinks.protection.outlo...
 2.
[2]https://aus01.safelinks.protection.outlo...
 3.
[3]https://aus01.safelinks.protection.outlo...

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #30178 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://aus01.safelinks.protection.outlo...

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------

 

References

Visible links
1. https://www.mbie.govt.nz/about/open-gove...
2. https://fyi.org.nz/change_request/new?bo...
3. https://fyi.org.nz/help/officers
4. https://fyi.org.nz/help/officers

hide quoted sections

Link to this

From: NoReplyMinisterialServices
Ministry of Business, Innovation & Employment


Attachment image.jpeg.jpg
6K Download

Attachment DOIA REQ 0010068 Letter.pdf
176K Download View as HTML

Attachment DOIA REQ 0010068 Documents.pdf
2.5M Download View as HTML


Kia ora Erika
 
Please see attached our response to your request for information under the
Official Information Act 1982 (ref: DOIA-REQ-0010068).

Ngā mihi nui,

Ministerial Services
Ministry of Business, Innovation and Employment

15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
 

Link to this

From: Erika Whittome

Dear NoReplyMinisterialServices,
There are far too many pages redacted in this response to my request for information which questions the transparency of MBIE.

This Reason is given h) maintain legal professional privilege;

Many pages are redacted citing "Legal privilege". Legal Privilege encompasses the lawyer-client privilege and work product protection. It's my tax dollars paying for this legal advice. I am the client in this "legal privilege" relationship because MBIE is a public body. The information is entitled to be released under the act because it's public legal privilege, Joe Public being the client (me).

As in-house lawyers employed by government departments, their ultimate client is indeed the public.

In-house lawyers in government departments have a duty to act in the public interest and provide legal advice that supports the department's functions and responsibilities to the public.

While their day-to-day work may involve advising departmental staff or ministers, their ultimate loyalty is to the public and the administration of justice. This means they must ensure that their advice is impartial, unbiased, and in the best interests of the public.

Opinions and conversations that have an impact on the organization's far reaching policy is no basis for withholding the information under the act.

Do you wish to revise the information supplied before I complain to the ombudsman?

Yours sincerely,

Erika Whittome

Link to this

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