26 August 2025
OIAD-1707
Spencer Jones
[FYI request #31349 email]
Tēnā koe Spencer
Thank you for your email of 30 July 2025 requesting the following under the Official
Information Act 1982 (the Act) of the Ministry for the Environment (the Ministry):
To: Ministry for the Environment (MfE) – OIAD-1653 To: Ministry for Primary Industries
(MPI) – OIA23-2974 Subject: Request for Clarification and Procedural Review Under
the Official Information Act 1982 Thank you for your responses dated 30 July 2025 to
my Official Information Act (OIA) requests (#31349 to MPI and OIAD-1653 to MfE)
concerning the environmental oversight of industrial hemp and interagency duplication.
I acknowledge receipt of your replies but remain seriously concerned about the
adequacy and legality of the responses provided. Both agencies have refused my
multi-part requests in ful under section 18(e), asserting that no relevant documents
could be found. This blanket refusal appears implausible and procedurally deficient
given:
1. Lack of Transparency Around Search Efforts: Neither MPI nor MfE have explained
which units, databases, or staff were consulted; nor whether key record types (e.g.,
emails, strategy papers, draft notes, industry workshop summaries) were considered.
This is essential to demonstrate “reasonable efforts” under s18(e).
2. Failure to Address Each Request Part Separately: My request clearly outlined
distinct categories (e.g., environmental roles, duplication reports, MOUs, internal
emails, interagency agreements). The failure to address each separately prevents
meaningful review and may constitute non-compliance with OIA best practices.
3. Missed Opportunities for Transfers and Assistance: These matters fall within a multi-
agency regulatory framework. If information is better held by MoH, MBIE, or ESR, you
were empowered under section 14 of the OIA to transfer the relevant parts. Moreover,
I was not offered the opportunity to refine or narrow my request, as required under
section 13.
4. Extension Justification Not Reflected in Final Response (MfE): MfE’s 7 July 2025
extension cited interagency consultation, yet your final response does not indicate
whether such consultations occurred, nor their outcome. If external agencies
confirmed they held records or refused cooperation, this should have been disclosed.
5. Public Interest Not Considered: Hemp’s potential role in carbon mitigation,
regenerative agriculture, and circular bioeconomy initiatives makes this request clearly
in the public interest. Neither agency addressed this factor when withholding all
information.
PO Box 10362, Wellington 6143 | Freephone 0800 499 700 | environment.govt.nz
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For these reasons, I request the following:
•
A breakdown of what was searched and by whom;
•
Confirmation as to whether any records exist across the five (MPI) or four (MfE)
categories;
•
Clarification as to whether consultation with other agencies occurred, and if
transfers under s14 were considered;
•
A renewed offer to refine the request scope, should record identification remain
an issue.
If this clarification is not satisfactorily addressed, I reserve the right to lodge a formal
complaint with the Office of the Ombudsman, citing a failure to meet duties under
sections 13, 14, 18(e), and the overal spirit of the OIA.
Please find below the Ministry’s response to the matters you raised.
Breakdown of searches and responsible parties
To respond to all parts of your request, we consulted with several internal teams to
determine whether any relevant information existed within scope. These teams included:
• Procurement
• Corporate Finance
• Science Assurance and Investment
• Data and Insights Products
• Natural Environment, Land
• Climate Priorities and Forecasting
None of the above teams were aware of any information that may have been in scope of
your request.
The Ministry also searched its internal records for any information regarding industrial hemp
but did not identify any relevant information.
Confirmation of record existence across categories
The Ministry undertook reasonable efforts to locate information relevant to your request. As
noted above, multiple teams were consulted. No information relating to any of the categories
referenced in your request was found. Therefore, on 30 July 2025, we declined your request
under section 18(e) of the Act, as the document(s) alleged to contain the requested
information either do not exist or, despite reasonable efforts, could not be located. This
position remains unchanged.
Consideration of the public interest
Please note that section 18(e) is considered an ‘administrative reason’. The public interest
cannot be considered as the information does not exist.
Consultation with other agencies and consideration of transfer under Section 14
PO Box 10362, Wellington 6143 | Freephone 0800 499 700 | environment.govt.nz
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One email exchange between the Ministry and the Ministry for Primary Industries (MPI) was
identified as potentially within scope of your previous request. The Ministry consulted with
MPI and upon review, it was determined that the correspondence related to a non-regulatory
activity of the Ministry and was therefore considered out of scope.
The Ministry also considered transferring your request under section 14 of the Act. On 8 July
2025, we contacted the Ministry of Health (MoH), the Ministry of Business, Innovation and
Employment, and MPI to determine whether they had received a similar request from you
and to assess the appropriateness of a transfer.
MoH confirmed receipt of a similar request and advised that the Ministry should respond to
the request it received directly. As your request sought information held by this Ministry, we
determined that a transfer was not appropriate.
Offer to refine the scope of the request
The Ministry remains open to working with you to refine the scope of any new request you
wish to submit, should that assist in identifying records of information you are interested in.
However, please note that MoH is the agency responsible for administering regulations
related to industrial hemp.
You have the right to seek an investigation and review by the Office of the Ombudsman of
my decisions relating to this request, in accordance with section 28(3) of the Act. The
relevant details can be f
ound at: www.ombudsman.parliament.nz.
Please note that due to the public interest in our work, the Ministry publishes responses to
requests for official information shortly after the response has been sent on our website at:
https://environment.govt.nz/about-us/official-information-act-requests/. If you have any
queries about this, please feel free to contact our Ministerial Services team at:
[email address].
Nāku noa, nā
Charlotte Harris-Miller
Acting Manager – Climate Priorities and Forecasting
Ministry for the Environment | Manatū Mō Te Taiao
PO Box 10362, Wellington 6143 | Freephone 0800 499 700 | environment.govt.nz
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