Kia ora Spencer Jones,
 
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 9/08/2025 requesting, under the Official
Information Act 1982, the following:
 
I am making the following request under the Official Information Act 1982
(OIA).

On 7 August 2025, the Parliamentary Counsel Office (PCO) advised me that
while they are not subject to the OIA (s 2(1)), they identified MBIE as
the relevant department for my request concerning the Credit Contracts and
Consumer Finance Amendment Bill (2025). The PCO also noted that drafting
instructions and related communications are subject to legal professional
privilege (s 131 Legislation Act 2019) and could not be released by them.

In light of this referral, I request that MBIE provide the following
information for the period 1 December 2023 – 1 August 2025:

1. Drafting Instructions and Related Material

a. All drafting instructions provided by MBIE to the PCO for the Credit
Contracts and Consumer Finance Amendment Bill (2025).
b. Any Supplementary Order Paper (SOP) justifications, legal
interpretations, or explanatory material supplied to the PCO relating to:
       •       The retrospective effect of Clause 5 or any related
clauses;
       •       Any reference to the ongoing Banking Class Action
(CIV-2021-404-119).

2. Internal and External Legal Advice

a. Any legal advice received or commissioned by MBIE on:
       •       The legality or constitutional implications of enacting
retrospective provisions in this Bill;
       •       Risks of interference with judicial proceedings arising
from such provisions.

3. Ministerial, Cabinet, and Third-Party Influence

a. Any directions, requests, or comments from Ministers, Cabinet
officials, or third parties that influenced the drafting or inclusion of
retrospective provisions in this Bill.
b. Cabinet papers, minutes, and aide-memoires addressing the retrospective
elements and their policy rationale.

4. Document Schedule and Withholding Grounds

If any material is withheld under s 9(2)(h) (legal professional privilege)
or any other OIA ground, please:
       •       Provide a full schedule of withheld documents, including
title, date, author, and recipient; and
       •       State the specific withholding ground(s) for each item.

5. Public Interest Waiver

Given the potential constitutional significance of retrospective
legislation intersecting with an active court case, I request that MBIE
consider waiving privilege and/or releasing the substance of relevant
material in the public interest, in accordance with s 9(1) of the OIA.
 
We will endeavour to respond to your request as soon as possible, and no
later than 5/09/2025, 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]