Kia ora Nigel,
We refer to your email dated 25 April 2026 where you requested the following information under the Official Information Act 1982 (OIA):
Accordingly, I request the following information:
1. Search Process and Scope
1.1 What search terms, databases, internal repositories, scientific programmes, or staff were consulted when preparing NIWA’s response to my previous OIA?
1.2 Did the search include NIWA’s atmospheric chemistry, aerosol research, cloud microphysics, or climate modelling workstreams?
1.3 If not, please provide the reason these areas were excluded.
2. Omission of Relevant Scientific Material
2.1 Why was NIWA associated scientific material depicting SO₂ emissions, oxidation chemistry, aerosol processes, CCN formation, cloud formation, and albedo effects not identified or included in the response?
2.2 Was this material considered “out of scope”? If so, please provide the criteria used to determine scope.
2.3 Was any relevant information held by NIWA but excluded due to interpretation, categorisation, or internal policy?
3. Accuracy of the Previous Response
3.1 Does NIWA stand by its statement that it holds no information on the topics listed above?
3.2 If the earlier response was incomplete or incorrect, what steps will NIWA take to correct the record?
3.3 Will NIWA be issuing an amended response?
4. Internal Guidance and Decision Making
4.1 Please provide any internal guidance, emails, notes, or decision records relating to how NIWA determined what information to include or exclude from the previous OIA response.
4.2 Please provide any internal discussion regarding whether NIWA associated scientific material was relevant to the request.
5. Future OIA Handling
5.1 What steps will NIWA take to ensure that future OIA responses accurately reflect the scientific information NIWA holds or contributes to?
5.2 Does NIWA intend to review its OIA search procedures in light of this discrepancy?
Our response to your 25 April 2026 request for information is set out below. Please note that our response is on behalf of the New Zealand Institute for Earth Science Limited (Earth Sciences New Zealand). On 1 July 2025, NIWA and GNS Science merged to become Earth Sciences New Zealand. The responses below reflect this in that they refer to work and processes conducted by both NIWA and GNS prior to the merger.
In providing this response, we refer to our 24 March 2026 response to your 9 December 2025 request for the following information:
1. Any monitoring systems, datasets, or responsibilities NIWA holds regarding ship emissions regulated under Annex VI (SOx, NOx, PM, VOCs) in New Zealand’s territorial waters (within 12 nautical miles) and Exclusive Economic Zone (12–200 nautical miles).
2. Any reports, datasets, or scientific assessments that consider the potential impacts of ship emissions on atmospheric conditions, cloud formation, or weather/climate in New Zealand.
3. Any correspondence between NIWA and other agencies (Ministry for the Environment, EPA, Maritime NZ) between 1 January 2022 and 1 December 2025 that references Annex VI compliance and potential weather or climate impacts of ship emissions.
Search Process and Scope
In response to your questions 1.1 to 1.3 above, Earth Sciences NZ has never done any work or research or had any monitoring, implementation or enforcement responsibilities in respect of ship emissions or, as you have specifically requested, ship emissions regulated under Annex VI of Marpol (Sox, Nox, PM, VOCs). Earth Sciences NZ has also done no work or performed any scientific assessments that directly consider the potential impacts of ship emissions on atmospheric conditions, cloud formation, or weather/climate in New Zealand. On that basis, on reviewing your 9 December 2025 OIA request, we were comfortable that we did not hold any information directly relevant to your request. However, to ensure there were no work or scientific programmes that were indirectly relevant we consulted with Dr Sara Mikaloff-Fletcher (Chief Scientist - Changing Atmosphere) from the NIWA business unit of Earth Sciences NZ. We also consulted with Dr Perry Davy (Lead Scientist-Air Particulates Laboratory) from the GNS business unit of Earth Sciences NZ and Dr Jocelyn Turnbull (Principal Scientist – Carbon Cycle and Environmental Processes and Modelling) who leads the Carbon Watch-Urban programme in the GNS business unit. We directed your questions to those staff members because they work on the only science programmes at Earth Sciences NZ that are potentially relevant to your request, and were best placed to identify whether Earth Sciences NZ held any information within the scope of your request. We considered whether further searches were required and concluded that consulting with the relevant subject matter experts was sufficient to identify any information held in scope.
Our consultation with the Chief Scientist - Changing Atmosphere from the NIWA business unit revealed no relevant information held by the NIWA business unit within the scope of your request. However, our consultation with the Lead Scientist - Air Particulates Laboratory in the GNS business unit revealed that its particulate matter monitoring programme (which, to be clear, is not directed at monitoring ship emissions), had picked up contributions from shipping emissions at monitoring sites near ports in New Zealand.
We provided you with links to relevant publications from that programme in our 24 March 2026 response and we also noted our decision to withhold some reports on airborne particulate matter prepared under commercial contracts for clients under sections 9(2)(i) and 9(2)(ba)(i) of the OIA on the basis they were confidential to the relevant clients. We note the withheld reports are not directly related to ship emissions and contain information very similar to the publications that we provided in our 24 March 2026 response.
Omission of Relevant Scientific Material
In response to questions 2.1 and 2.3 above, we are unable to identify the specific material you are referring to based on the description provided. If you are able to provide further detail (e.g., authors, title, publication date, or links), we can consider whether that material is in fact held by Earth Sciences NZ and falls within the scope of your original request.
Accuracy of the Previous Response
In response to your questions 3.1 to 3.3, Earth Sciences NZ stands by its original 24 March 2026 response. We will not be issuing an amended response.
Internal Guidance and Decision Making
In response to your questions 4.1 and 4.2, we have attached the relevant documentation. We have considered whether any information should be withheld under the OIA and applied any necessary redactions accordingly.
Future OIA Handling
In response to your questions 5.1 to 5.2, for the reasons set out above, Earth Sciences NZ considers that its processes in respect of your request were appropriate and consistent with its obligations under the OIA. We do not intend to take any further steps or review its OIA procedures as a direct result of our interactions with you. However, as with all processes and procedures at Earth Sciences NZ, we will continue to identify opportunities and areas for improvement as part of our standard practice.
You have the right to seek an investigation and review by the Ombudsman of this response. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.
Nāku noa, nā
Sarah Fraser
-----Original Message-----
From: Nigel Gray <[FYI request #34542 email]>
Sent: Monday, 4 May 2026 11:11 am
To: Sarah Fraser <[email address]>
Subject: RE: Official Information request - Clarification of Omission of Relevant Information
Re: Refusal of OIA Request – Clarification of Omission of Relevant Information
From: Nigel Gray
Dear Sarah Fraser,
Thank you for your response of 4 May 2026.
I am writing to formally request that Earth Sciences New Zealand (formerly NIWA) reconsider its refusal of my OIA request dated 25 April 2026, on the grounds that the refusal is factually incorrect, procedurally defective, and non‑responsive to the actual questions asked.
1. Your refusal is based on an incorrect factual premise Your letter states:
“We have not received a request from you in relation to sulphur dioxide (SO₂) emissions from ships, oxidation of SO₂ into sulphuric acid aerosols (H₂SO₄), aerosol processes, cloud‑condensation nuclei (CCN), cloud microphysics and albedo modification or ship‑emission‑driven cloud formation or cloud brightening.”
This statement is inconsistent with NIWA’s own records.
On 24 March 2026, NIWA (now Earth Sciences New Zealand) issued a formal OIA response to me addressing:
SOx emissions from ships
particulate matter contributions from shipping
atmospheric impacts of ship emissions
cloud formation and weather/climate effects
These topics fall squarely within the same subject matter as the list above.
NIWA acknowledged, processed, and responded to that request.
It is therefore incorrect to assert that NIWA “has not received a request” on these topics.
2. My 25 April request was not a new scientific request My request sought clarification of NIWA’s search process, scope, internal decision‑making, and omission of relevant scientific material in its earlier response.
It was a process‑based OIA, not a request for scientific datasets or research outputs.
Your refusal does not address:
the search terms used
the repositories consulted
the staff or workstreams involved
the criteria for excluding material
the reasons NIWA‑associated scientific material was not identified
whether the earlier response was accurate
whether NIWA intends to correct the record
None of these questions were answered.
3. The refusal does not comply with the Official Information Act Section 15 – Duty to consider the request The response does not engage with the substance of the request.
Section 18(e) – Information not held
This section cannot apply, because the request sought:
internal emails
search logs
decision records
reasons for omission
internal guidance
These are all information that NIWA either holds or must confirm it does not hold.
Section 23 – Right to reasons for decisions My request explicitly sought the reasons NIWA excluded relevant material.
No reasons were provided.
4. Request for reconsideration
Given the above, I request that NIWA:
Withdraw the refusal, as it is based on an incorrect premise.
Reconsider the request under section 15, addressing the actual questions asked.
Provide the internal search, scope, and decision‑making information relevant to NIWA’s earlier OIA response.
Confirm whether NIWA stands by the accuracy of its 24 March 2026 response.
Provide reasons for any decisions to exclude relevant NIWA‑associated scientific material.
If NIWA maintains its refusal, please treat this letter as a request for:
the specific statutory grounds relied upon, and
the reasons for the decision, under section 23 of the OIA.
5. Next steps
If the refusal is not withdrawn or reconsidered, I will seek an investigation and review by the Ombudsman on the grounds that:
the refusal mischaracterises the request,
the agency failed to consider the request properly,
the refusal contradicts NIWA’s own correspondence, and
the response does not comply with sections 15, 18(e), or 23 of the OIA.
I look forward to your corrected response.
Yours sincerely,
Nigel Gray
-----Original Message-----
Kia ora Nigel
Thank you for your OIA request, which is refused as we have not received a request from you in relation to "sulphur dioxide (SO₂) emissions from ships, oxidation of SO₂ into sulphuric acid aerosols (H₂SO₄), aerosol processes, cloud‑condensation nuclei (CCN), cloud microphysics and albedo modification or ship‑emission‑driven cloud formation or cloud brightening."
You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.
Nāku noa, nā
Sarah Fraser
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