13 May 2026
Ref: OIA-2025/26-0710
Joshua Riley
[FYI request #34653 email]
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
5154115
Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
64 4 817 9698 www.dpmc.govt.nz
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 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.”
On May 11 2026 you were advised that parts [1], [3] and [4] of your request were transferred
to the Minister for Trade and Investment Hon Todd McClay. You wil receive a response from
Minister McClay directly.
You also highlighted that you sent a request directly to the Ministry of Foreign Affairs and
Trade (MFAT) therefore a partial transfer for anything MFAT holds is not necessary.
This response covers information held by DPMC for part [2] of your request which is for
copies of
any briefing, memorandum, or advice to the Prime Minister addressing whether the
New Zealand–India Free Trade Agreement can be renegotiated, varied, or amended.
Searches have been completed of our Information Management Systems for anything
relevant to part [2] of your request and northing has been identified. Accordingly, part [2] of
your request is refused under section 18(e) of the Act, as the information requested does not
exist.
You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
This response wil be published on the DPMC website during our regular publication cycle.
Typically, information is released monthly, or as otherwise determined. Your personal
information including name and contact details wil be removed for publication.
Nāku noa, nā
Alan Cassidy
Deputy Chief Executive, Corporate
5154115
2
