11 May 2025
Joshua Riley
[FYI request #34653 email]
Ref: OIA-2025/26-0710
Tēnā koe Joshua,
Official Information Act request relating to New Zealand–India Free Trade Agreement
Thank you for your request made under urgency under the Official Information Act 1982 (the
Act), which was received by the Department of the Prime Minister and Cabinet (DPMC) on
8 May 2026 and then
clarified on 11 May 2026. Your combined and
clarified request is for:
“Under the Official Information Act 1982, I request the following information held by the
Department of the Prime Minister and Cabinet, including the Cabinet Office and the
Prime Minister's Office.
Information requested
1. Any Cabinet paper, Cabinet committee paper, or accompanying minute that
addresses whether the New Zealand–India Free Trade Agreement can be
renegotiated, varied, or amended after signing. I am content for DPMC to interpret
this as being limited to copies held by the Cabinet Office in DPMC's own records.
I am not asking DPMC to source originating material from MFAT.
2. Any briefing, memorandum, or advice to the Prime Minister addressing whether the
agreement can be renegotiated, varied, or amended.
3. Any communications between the Prime Minister's Office and the Minister of Trade
regarding the basis for the Minister's public position that the agreement "cannot be
renegotiated." I am similarly content for DPMC to limit this to records DPMC
holds. Communications also held at MFAT will be picked up through my parallel
MFAT request.
4. A schedule of any Cabinet papers or Cabinet committee papers relating to the New
Zealand–India Free Trade Agreement, identifying date and subject matter, even where
the documents themselves are withheld.
Request for urgent processing under section 12(2)
Public submissions to the Foreign Affairs, Defence and Trade Committee close at
11.59pm on Sunday 17 May 2026. The basis for the Minister of Trade's 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.
Pre-emptive responses to anticipated grounds for withholding
Cabinet confidentiality / section 9(2)(f)(iv) — confidentiality of advice tendered by
Ministers and officials. This ground is subject to the public interest balancing test in
section 9(1). Where the substance of the relevant Cabinet decision has already been
5154099
Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
64 4 817 9700 Facsimile 64 4 472 3181 www.dpmc.govt.nz
made public (i.e. the Minister's "cannot be renegotiated" position), the residual
confidentiality interest is reduced. I request that the schedule of papers (request 4) be
provided in full as a minimum, even where individual documents are withheld.
Section 6(a) — likely to prejudice international relations. As with my parallel request to
MFAT, I note the information concerns legal and procedural mechanisms rather than
negotiating substance. Documents may be released with appropriate redactions rather
than withheld in full.
Section 18(g) — information not held. If DPMC holds no relevant material, please
confirm this in writing. Confirmation that no such material exists is itself relevant to the
public interest given the Minister's public claim.
Format and partial release
Same as the parallel MFAT request: partial release with redactions where possible,
schedule of withheld documents, reasons sufficient for Ombudsman review.
Please contact me before refusing or transferring, under the section 13 duty to provide
reasonable assistance.”
As briefly highlighted in an email to you on Friday 8 May 2026, much of the information you
have requested is more closely connected to the functions and responsibilities of the Minister
for Trade and Investment (MTI) Hon Todd McClay.
For your awareness, DPMC holds all Cabinet and Cabinet Committee papers and Minutes as
Cabinet Office is a business unit within DPMC. However, it is our practice to transfer
requests for Cabinet material to either the relevant portfolio Minister or, for previous
administrations, the lead agency, as they are better placed to assess this information for
release.
These transfers are made under section 14(b)(ii) of the Act, as the information is more
closely related to the functions of the Minister or agency. This process is also outlined in
paragraph 8.5 of the Cabinet Manual, available on DPMC's website:
www.dpmc.govt.nz/our-
business-units/cabinet-office/supporting-work-cabinet/cabinet-manual
Accordingly, I have decided to transfer parts [1] and [4] of your request, as it relates to
Cabinet paper material to Minister McClay as MTI under section 14(b)(ii) of the Act.
In relation to part [3] of your request, it may be that DPMC does hold some information
relevant to your request as the Prime Minister is the responsible minister for DPMC.
However, as highlighted above anything that may be in scope would also be considered
more closely connected to the functions and responsibilities of the MTI, Minister McClay. I
am therefore also transferring part [3] of your request to Minister McClay.
The other parts of the request have not been transferred, and I will respond in due course.
5154099
Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
64 4 817 9700 Facsimile 64 4 472 3181 www.dpmc.govt.nz
Minister McClay has the usual timeframes under the Act from receipt of this transfer to make
a decision on your request.
Nākū noa, nā,
Jenna Hansen
Manager, Accountability and Ministerial Services
5154099
Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
64 4 817 9700 Facsimile 64 4 472 3181 www.dpmc.govt.nz
