Dear MBIE,

Under the Official Information Act 1982, I request:

1. All internal MBIE briefings, Cabinet papers, Regulatory Impact Assessments, legal advice, or memos between 1 Jan 2024 and today regarding:

- Drafting, intent, or legal rationale behind the Credit Contracts and Consumer Finance Amendment Bill (2025);
- Any retrospective effect on litigation, especially the Banking Class Action (CIV-2021-404-119);
- Implications for consumer rights under CCCFA ss 22, 48, 99(1), and 99(1A).

2. All correspondence (emails, meeting notes, Teams chats, or memos) between MBIE staff and:
- Minister Scott Simpson or his office;
- Representatives of ANZ, ASB, NZBA, or any law firms (including Bell Gully, Russell McVeagh, or MinterEllisonRuddWatts);
- Treasury, PCO, or the Commerce Commission concerning the class action or amendment bill.

3. Any records of:
- Stakeholder consultation prior to the bill’s drafting;
- Concerns about interference with judicial proceedings;
- Conflict-of-interest declarations by officials or advisors.

If any material is withheld, please cite the specific section of the OIA relied on.

Kind regards,
Spencer Jones

Follow-Up on OIA Response Ref DOIA-REQ-0019128 – Request for Clarification under s 15(1AA)

To:** [[email address]](mailto:[email address])
Cc:** [[email address]](mailto:[email address])

Thank you for your letter dated 30 September 2025 responding to my Official Information Act request (Ref DOIA-REQ-0019128) concerning the *Credit Contracts and Consumer Finance Amendment Bill (2025)* and the *Banking Class Action (CIV-2021-404-119)*. I acknowledge and appreciate the 53-page release and the consultation undertaken with the Commerce Commission, RBNZ, Treasury, FMA, and the Minister’s office.

After reviewing the released material and the statutory grounds cited, I wish to request clarification and further particulars under section 15(1AA) of the OIA to ensure the response is complete and consistent with sections 4, 5, 9 and 13 of the Act.

1. Schedule of Documents and Withholdings
Please provide a **document schedule or index** listing all documents identified within the scope of my request, showing for each:

* the title or description,
* date and author (where practicable),
* page count, and
* the exact OIA section(s) relied on for any withholding or redaction.

This will clarify whether Cabinet papers, Regulatory Impact Statements, Crown Law opinions, or internal legal memos were located and withheld under s 9(2)(f)(iv) or s 9(2)(h).

2. Public-Interest Consideration
Your letter cites multiple withholding grounds (s 9(2)(a), (b)(ii), (ba)(i), (h)) but does not set out the **public-interest balancing test required by s 9(1)**.

Please identify the factors considered when deciding that the public interest in release did not outweigh the reasons for withholding – particularly in relation to:

* legal advice on retrospective legislative effects, and
* communications with regulated entities (ANZ, ASB, NZBA) concerning pending litigation.

Given the material’s clear public-policy significance, transparency of the balancing process is essential.

3. Scope of Search and Records Captured
Kindly confirm whether the search included:

* Microsoft Teams chats, informal notes, and calendar records, in addition to emails;
* correspondence between MBIE and the Parliamentary Counsel Office (PCO); and
* any briefing or report shared with the Minister after 1 August 2025.

If such records exist but were excluded or withheld, please state the reason and applicable OIA provision.

4. Conflict-of-Interest Declarations
The response notes that two MBIE officials declared conflicts as customers of an affected bank. Please clarify:

* the date these declarations were made,
* whether mitigation steps or management plans were recorded, and
* whether any broader conflict reviews were undertaken across the policy team.

(Names are not sought; I accept privacy grounds under s 9(2)(a).)

5. Follow-Up Timeframe
I would appreciate clarification or the requested schedule **within 10 working days**. Should further time be required, please notify me in accordance with s 15A(1).

Kind regards,
Spencer Jones