Basis for the claim that the NZ–India Free Trade Agreement cannot be renegotiated - Urgent processing requested
Joshua Riley made this Official Information request to Ministry of Foreign Affairs and Trade
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From: Joshua Riley
Under the Official Information Act 1982, I request the following information held by the Hon. Todd McClay (Minister of Trade) and by the Ministry of Foreign Affairs and Trade. I understand MFAT processes OIAs for both the Minister and the department.
Information requested
1. Any briefing, memorandum, advice, or correspondence to the Minister of Trade, the Prime Minister, or Cabinet that addresses whether the New Zealand–India Free Trade Agreement can be renegotiated, varied, or amended after signing.
2. Any legal advice provided to the Minister or to MFAT on the legal mechanisms (under the Vienna Convention on the Law of Treaties, the agreement's own provisions, or any other framework) by which the agreement could be amended, varied, or renegotiated.
3. Any communications between MFAT and Indian counterparts regarding the possibility of renegotiation, variation, or amendment of the agreement, including communications about whether India would or would not consent to renegotiation.
4. Any internal MFAT or Ministerial communications, talking points, or briefing notes stating or describing the basis on which the Minister of Trade has publicly stated the agreement "cannot be renegotiated."
5. A list of any provisions within the agreement itself that would prevent renegotiation, variation, or amendment by mutual consent of the parties.
Request for urgent processing under section 12(2)
I respectfully request urgent processing. Public submissions to the Foreign Affairs, Defence and Trade Committee close at 11.59pm on Sunday 17 May 2026. The basis for the Minister's repeatedly-stated public position that the agreement "cannot be renegotiated" is directly relevant to how Parliament, submitters, and the public should evaluate the agreement. The standard 20-working-day timeframe would result in a response after the submission window has closed, frustrating the public interest the Act exists to protect.
Pre-emptive responses to anticipated grounds for withholding:
Section 6(a) — likely to prejudice international relations. The information concerns the legal and procedural mechanisms by which a treaty may be amended, not the substance of negotiating positions. The Minister has already placed the substantive claim in the public domain. Where any specific document does engage s 6(a), I request that the document be released with appropriate redactions rather than withheld in full.
Section 9(2)(g)(i) — free and frank advice. Subject to the public interest balancing test in section 9(1). The public interest in understanding the basis for a Ministerial claim that materially constrains Parliament's evaluation of a treaty currently before it is substantial and time-sensitive.
Section 9(2)(h) — legal professional privilege. Where any document is subject to LPP, I request release of non-privileged portions including factual material and references to publicly available legal sources.
Section 18(g) — information not held. If not held, please confirm in writing and indicate which other agency, if any, holds it.
Format and partial release:
If full release is not possible, please provide:
Partial release with redactions under section 17(b)
A schedule of withheld documents identifying date, author, recipient, and subject matter, with the specific section relied upon
Reasons for withholding sufficient to consider Ombudsman review
If any aspect is unclear or could be refined, please contact me before refusing or transferring under the section 13 duty to provide reasonable assistance.
Yours sincerely,
Joshua Riley
From: ENQUIRIES
Ministry of Foreign Affairs and Trade
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Ngâ mihi
MFAT ENQUIRIES
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
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Wellington 6160
New Zealand
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References
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2. https://aus01.safelinks.protection.outlo...
http://www.immigration.govt.nz/contact
3. https://www.mfat.govt.nz/en/embassies/
4. https://www.safetravel.govt.nz/
5. mailto:[email address]
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7. http://www.nzte.govt.nz/
8. http://www.passports.govt.nz/
9. http://www.dia.govt.nz/New-Zealand-citiz...
10. http://www.dia.govt.nz/document-authenti...
11. https://www.police.govt.nz/faq/having-fi...
12. mailto:[email address]
13. https://vacancies.mfat.govt.nz/
14. mailto:[email address]
15. https://www.mfat.govt.nz/en/about-us/con...
16. file:///AMasters/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/AGDSL449/www.mfat.govt.nz
17. http://www.safetravel.govt.nz/
From: ENQUIRIES
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
UNCLASSIFIED
Kia ora Joshua,
Thank you for your OIA request received on 08/05/2026 for:
1. Any briefing, memorandum, advice, or correspondence to the Minister of
Trade, the Prime Minister, or Cabinet that addresses whether the New
Zealand–India Free Trade Agreement can be renegotiated, varied, or amended
after signing.
2. Any legal advice provided to the Minister or to MFAT on the legal
mechanisms (under the Vienna Convention on the Law of Treaties, the
agreement's own provisions, or any other framework) by which the agreement
could be amended, varied, or renegotiated.
3. Any communications between MFAT and Indian counterparts regarding the
possibility of renegotiation, variation, or amendment of the agreement,
including communications about whether India would or would not consent to
renegotiation.
4. Any internal MFAT or Ministerial communications, talking points, or
briefing notes stating or describing the basis on which the Minister of
Trade has publicly stated the agreement "cannot be renegotiated."
5. A list of any provisions within the agreement itself that would prevent
renegotiation, variation, or amendment by mutual consent of the parties.
This email confirms receipt of your request and advises that we will
respond to it as soon as reasonably practicable, and in terms of the
timeframes and requirements of the OIA.
Please note that our response letter to you (with your personal details
redacted), and any enclosed documents, may be published on the Ministry’s
website.
Ngâ mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
Ministry. It may be legally privileged. If you are not the intended
recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately ..
UNCLASSIFIED
From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
UNCLASSIFIED
Tēnā koe Joshua Riley,
On behalf of the Secretary of Foreign Affairs and Trade, please see
attached the response to your OIA request.
Ngā mihi,
Tom Turnbull (he/him/ia)
Senior Advisor
Executive Services Division
Ministry of Foreign Affairs & Trade | Manatū Aorere
The information contained in this email message is intended only for the
addressee and is not necessarily the official view or communication of the
Ministry. It may be legally privileged. If you are not the intended
recipient you must not use, disclose, copy or distribute this message or
the information in it as this may be unlawful. If you have received this
message in error, please email or telephone the sender immediately ..
UNCLASSIFIED
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