UNCLASSIFIED
New Zealand Ministry of
Foreign Affairs and Trade
Manatū Aorere
195 Lambton Quay
16 October 2025
Private Bag 18−901
Wellington 6160
New Zealand
T +64 4 439 8000
F +64 4 472 9596
Mike Bell
OIA 30414
[FYI request #32341 email]
Tēnā koe Mike Bell
Thank you for your email of 18 September 2025 in which you request the following
under the Official Information Act 1982 (OIA):
1. Any records, correspondence, or briefing notes showing whether New Zealand
has considered its obligations under the Convention on the Prevention and
Punishment of the Crime of Genocide (“Genocide Convention”) in relation to these
UN findings.
2. The dates on which any internal or external advice (legal or otherwise) was
sought or received about New Zealand’s obligations under the Genocide
Convention in this context. I am not requesting the substance of any privileged
advice, only the fact that advice was sought/received and the dates concerned.
3. Any Cabinet papers, ministerial briefings, or departmental advice (excluding
privileged legal content) that consider what actions, if any, New Zealand should
take in response to the UN findings regarding Israel and genocide.
4. Any communications with international partners (e.g. UN member states, the
International Court of Justice, or treaty bodies) concerning New Zealand’s
position on the genocide findings against Israel.
Response to your request
Information on the Government’s position on Israel’s actions in Gaza is available on the
Ministry of Foreign Affairs and Trade (the Ministry) website via the following link. This
includes frequently asked questions on international law matters:
https://www.mfat.govt.nz/en/countries-and-regions/middle-east/israel-hamas-conflict
Regarding part one of your request, under section 16 of the OIA, an excerpt of an email
titled, ‘FW: Request for media lines re: ground offensive and UN commission of inquiry
accusation of genocide/genocidal intent’, dated 17 September 2025, is provided below:
UN Commission of Inquiry finding
UNCLASSIFIED
Page 2 of 2
•
The Independent Commission has made its views clear on genocide. That
should serve as a wake-up call to the Israeli Government that they need to
alter course.
•
The International Court of Justice and International Criminal Court are the
bodies that make judicial rulings in matters as serious as genocide.
•
While the Commission is not a court, its findings may be taken into account by
legal bodies in cases brought before them.
•
[Do you think Israel has committed genocide?] As I’ve said, these are matters
for the International Courts to determine, not the New Zealand Government.
But these findings should be taken seriously.
We note the remainder of this email is out of scope of your request.
Two documents have been identified as being in scope of parts two and three of your
request. These documents are withheld in full under section 6(a) of the OIA, to avoid
prejudicing the international relations of the New Zealand Government, and section
9(2)(h), to maintain professional legal privilege. Where the information has been
withheld under section 9 of the OIA, no public interest in releasing the information has
been identified that would override the reasons for withholding it.
Part four of your request is refused under section 18(e) of the OIA, as the information
does not exist.
Please note that it is our policy to proactively release our responses to official
information requests where possible. Therefore, our response to your request (with your
personal information removed) may be published on the Ministry website:
www.mfat.govt.nz/en/about-us/contact-us/official-information-act-responses/
If you have any questions about this decision, you can contact us by email at:
[email address]. You have the right to seek an investigation and review by the
Ombudsman of this decision by contacting
www.ombudsman.parliament.nz or freephone
0800 802 602.
Nāku noa, nā
Sarah Corbett
for Secretary of Foreign Affairs and Trade
