Complaint to Ombudsman
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Tena koe.

On 14 April 2025 I requested the following information from the Ministry for Primary Industries:

Please provide all GIS data relating to lands identified for afforestation on ‘Crownowned’ land in New Zealand’s second Emissions reduction plan 2026-30 ISBN 9780-473-73006-2. Please also provide any other GIS dataset used in the Assessments identifying existing land cover
To which MPI replied:

The information you have requested is published by the Ministry for the Environment (MfE) and does not reference any GIS data held by the Ministry for Primary Industries (MPI). Consequently, MfE is the most appropriate agency to respond to your request, whom you have already approached for response. Therefore, your request is refused pursuant to section 18(e) of the OIA – the document alleged to contain the information requested does not exist.

Also on 14 April 2025 I requested the same information from the Ministry for the Environment. The reply from MfE directly contradicted the reply of the Ministry for the Environment (see attached):

Please note that while New Zealand’s second emissions reduction plan is the responsibility of multiple agencies, the GIS data relating to afforestation is the responsibility of the Ministry for Primary Industries (MPI). If you have any additional questions or requests for information in this area, we recommend you contact MPI in the first instance.

The reply clearly indicates that the requested data was held, and in fact was created by, MPI.

In the reply from MfE it was stated that the requested GIS data would not be supplied because the information was subject to negotiation:

The GIS data relating to lands identified for afforestation on 'Crown-owned' land in New Zealand’s second emissions reduction plan is withheld under section 9(2)(j) of the Act to enable a Minister of the Crown or any department or organisation holding the information to carry out, without prejudice or disadvantage, negotiations to enable a Minister of the Crown or any department or organisation holding the information to carry out, without prejudice or disadvantage, negotiations.
I wish to make a complaint about the failure to supply the requested information and the claim that MPI did not hold the information.

Given that MPI denied that it held the information it is unclear whether MPI will now claim that it cannot supply the information on the same grounds given by MfE.

I dispute that the data can be denied on the grounds of negotiations. Much of the land in question will be subject to the Land Act 1948. A feature of that legislation has been the principle that dealings with land should be open. Furthermore, I object to the claimed objection on the grounds that the basic reason for compiling the information was for the purpose of offering the opportunities of establishing forestry on the land. Clearly, if the offering is to be open to all interested parties, the information must be made generally available.

Naku noa, na,

Craig Innes.
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