Diplomatic risk advice regarding differential treatment of Indian FTA visa holders - officials' warnings and treaty compliance assessment

Joshua Riley made this Official Information request to Ministry of Foreign Affairs and Trade

Currently waiting for a response from Ministry of Foreign Affairs and Trade, they must respond promptly and normally no later than (details and exceptions).

From: Joshua Riley

I am writing to request, under the Official Information Act 1982, the following information. I request urgent processing of this request for reasons set out below.

Background
On 25 June 2026, the Minister of Foreign Affairs, Rt Hon Winston Peters, stated in Parliament that officials had warned Ministers that changes to immigration settings targeting Indian citizens specifically could have impacts on the bilateral relationship with India, on New Zealand's reputation as a place to do business, and could be open to legal challenge or retaliation from India.

The existence of the documents described below has been confirmed on the parliamentary record by the Minister of Foreign Affairs.

Request 1 - Diplomatic risk assessment
All advice, briefings, memoranda, cables, and correspondence provided by MFAT officials to Ministers regarding:
(a) The risk to the NZ-India bilateral relationship arising from differential treatment of Indian citizens under the NZ-India FTA visa categories, relative to citizens of other FTA partners;
(b) The risk of diplomatic retaliation, formal protest, or complaint by the Indian Government;
(c) The risk of legal challenge by India under the NZ-India FTA's dispute settlement provisions (Chapter 19) or under the treaty's non-discrimination or nullify-or-impair provisions (Article 8C.2(3));
(d) The risk to New Zealand's international reputation as a reliable treaty partner and destination for trade, investment, and education; and
(e) Any assessment of whether the differential treatment of Indian citizens is consistent with New Zealand's obligations under the NZ-India FTA, including but not limited to Article 8C.3(4) and Article 8C.2(3).

Request 2 - Communications with India
All correspondence, records of meetings, diplomatic communications, and aide-mémoires between MFAT and the Indian Government (including the Indian High Commission in Wellington), or between MFAT officials and Indian officials, regarding:
(a) New Zealand's intended implementation of the FTA's immigration provisions; and
(b) Any concerns raised by India regarding differential treatment of Indian citizens.
If any communications in this category are withheld under section 6(a), I request that MFAT confirm or deny the existence of such communications and provide the specific withholding ground per item.

Request 3 - Internal discussion of non-announcement
All correspondence, emails, meeting notes, and records of discussion within MFAT, or between MFAT officials and officials of other agencies (including MBIE, INZ, DPMC, or the PMO), regarding:
(a) Whether or how changes to immigration settings affecting Indian citizens should be communicated to India; and
(b) Whether or how these changes should be publicly announced, including any discussion of withholding, delaying, or avoiding public announcement and the reasons for doing so.

Request 4 - Treaty compliance assessment
Any legal advice, analysis, or assessment - whether produced internally by MFAT's legal division or sought externally - regarding whether the differential immigration settings applied to Indian citizens are consistent with New Zealand's obligations under the NZ-India FTA.
I acknowledge that legal privilege may apply to some documents within this category. Where privilege is claimed, I request that MFAT confirm the existence of such advice, identify the date and author, and specify the withholding ground, as required by section 19.

Urgency
I request urgent processing of this request under section 12 of the OIA. The enabling legislation for the NZ-India FTA is scheduled for parliamentary debate in September 2026. The Minister of Foreign Affairs has publicly disclosed the existence and nature of these documents on the parliamentary record. The information requested is directly relevant to Parliament's consideration of the enabling legislation, and to the public's understanding of whether the government's intended implementation of the treaty is consistent with the treaty's own terms.

The public interest in disclosure before Parliament votes is compelling:
• Parliament is being asked to pass enabling legislation for a treaty that the government intends to implement in a manner that a sitting Cabinet minister has publicly described as discriminatory;
• Officials have warned Ministers of diplomatic, legal, and reputational risks that have not been disclosed to Parliament or the public;
• The Indian Government may not have been informed of how New Zealand intends to implement the treaty's provisions differently from other FTAs - a matter that could affect the bilateral relationship and the viability of the agreement itself.

I am willing to pay reasonable charges associated with urgent processing if required.

Format and withholding
I am content to receive documents in electronic form. Where a document is partially withholdable, I request that the remainder be released with redactions clearly marked and the specific withholding ground identified per redaction, as required by section 19.
If any part of this request is considered too broad, I welcome consultation under section 18B to refine the scope rather than refusal. I am particularly interested in Requests 1 and 3 and would accept prioritisation of those if resource constraints require it.

I note that the Minister of Foreign Affairs - the minister responsible for MFAT - has himself publicly disclosed the existence and substance of these documents on the parliamentary record. The information is no longer confidential as between the government and the public. To the extent MFAT considers section 6(a) applicable to any document, I submit that the public interest in disclosure is materially strengthened by the Minister's own parliamentary statement, and I request that this be weighed accordingly in any public interest assessment.

I look forward to your response as soon as reasonably practicable.

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Ministry of Foreign Affairs and Trade

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References

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1. mailto:[email address]
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]
6. http://www.customs.govt.nz/
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/

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From: Ministerial Services


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Kia ora Joshua Riley,
 
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 26 June 2026 sent to the Ministry of Foreign
Affairs & Trade requesting, under the Official Information Act 1982, the
following:
 

* "I am writing to request, under the Official Information Act 1982, the
following information. I request urgent processing of this request for
reasons set out below.

Background
On 25 June 2026, the Minister of Foreign Affairs, Rt Hon Winston
Peters, stated in Parliament that officials had warned Ministers that
changes to immigration settings targeting Indian citizens specifically
could have impacts on the bilateral relationship with India, on New
Zealand's reputation as a place to do business, and could be open to
legal challenge or retaliation from India.

The existence of the documents described below has been confirmed on
the parliamentary record by the Minister of Foreign Affairs.

Request 1 - Diplomatic risk assessment
All advice, briefings, memoranda, cables, and correspondence provided
by MFAT officials to Ministers regarding:
(a) The risk to the NZ-India bilateral relationship arising from
differential treatment of Indian citizens under the NZ-India FTA visa
categories, relative to citizens of other FTA partners;
(b) The risk of diplomatic retaliation, formal protest, or complaint
by the Indian Government;
(c) The risk of legal challenge by India under the NZ-India FTA's
dispute settlement provisions (Chapter 19) or under the treaty's
non-discrimination or nullify-or-impair provisions (Article 8C.2(3));
(d) The risk to New Zealand's international reputation as a reliable
treaty partner and destination for trade, investment, and education;
and
(e) Any assessment of whether the differential treatment of Indian
citizens is consistent with New Zealand's obligations under the
NZ-India FTA, including but not limited to Article 8C.3(4) and Article
8C.2(3).

Request 2 - Communications with India
All correspondence, records of meetings, diplomatic communications,
and aide-mémoires between MFAT and the Indian Government (including
the Indian High Commission in Wellington), or between MFAT officials
and Indian officials, regarding:
(a) New Zealand's intended implementation of the FTA's immigration
provisions; and
(b) Any concerns raised by India regarding differential treatment of
Indian citizens.
If any communications in this category are withheld under section
6(a), I request that MFAT confirm or deny the existence of such
communications and provide the specific withholding ground per item.

Request 3 - Internal discussion of non-announcement All
correspondence, emails, meeting notes, and records of discussion
within MFAT, or between MFAT officials and officials of other agencies
(including MBIE, INZ, DPMC, or the PMO), regarding:
(a) Whether or how changes to immigration settings affecting Indian
citizens should be communicated to India; and
(b) Whether or how these changes should be publicly announced,
including any discussion of withholding, delaying, or avoiding public
announcement and the reasons for doing so.

Request 4 - Treaty compliance assessment Any legal advice, analysis,
or assessment - whether produced internally by MFAT's legal division
or sought externally - regarding whether the differential immigration
settings applied to Indian citizens are consistent with New Zealand's
obligations under the NZ-India FTA.
I acknowledge that legal privilege may apply to some documents within
this category. Where privilege is claimed, I request that MFAT confirm
the existence of such advice, identify the date and author, and
specify the withholding ground, as required by section 19.

Urgency
I request urgent processing of this request under section 12 of the
OIA. The enabling legislation for the NZ-India FTA is scheduled for
parliamentary debate in September 2026. The Minister of Foreign
Affairs has publicly disclosed the existence and nature of these
documents on the parliamentary record. The information requested is
directly relevant to Parliament's consideration of the enabling
legislation, and to the public's understanding of whether the
government's intended implementation of the treaty is consistent with
the treaty's own terms.

The public interest in disclosure before Parliament votes is
compelling:
• Parliament is being asked to pass enabling legislation for a treaty
that the government intends to implement in a manner that a sitting
Cabinet minister has publicly described as discriminatory;
• Officials have warned Ministers of diplomatic, legal, and
reputational risks that have not been disclosed to Parliament or the
public;
• The Indian Government may not have been informed of how New Zealand
intends to implement the treaty's provisions differently from other
FTAs - a matter that could affect the bilateral relationship and the
viability of the agreement itself.

I am willing to pay reasonable charges associated with urgent
processing if required.

Format and withholding
I am content to receive documents in electronic form. Where a document
is partially withholdable, I request that the remainder be released
with redactions clearly marked and the specific withholding ground
identified per redaction, as required by section 19.
If any part of this request is considered too broad, I welcome
consultation under section 18B to refine the scope rather than
refusal. I am particularly interested in Requests 1 and 3 and would
accept prioritisation of those if resource constraints require it.

I note that the Minister of Foreign Affairs - the minister responsible
for MFAT - has himself publicly disclosed the existence and substance
of these documents on the parliamentary record. The information is no
longer confidential as between the government and the public. To the
extent MFAT considers section 6(a) applicable to any document, I
submit that the public interest in disclosure is materially
strengthened by the Minister's own parliamentary statement, and I
request that this be weighed accordingly in any public interest
assessment.'

 

 

Part of the information to which your request relates, namely the advice
being referred to by the Minister of Foreign Affairs, Rt Hon Winston
Peters, is believed to be more closely connected to the functions of
Immigration New Zealand (section 14(b)(ii) of the OIA refers) has been
transferred to the Ministry of Business, Innovation and Employment from
Ministry of Foreign Affairs & Trade on 7 July 2026 and is being processed
in accordance with the Official Information Act 1982. A response will be
sent to you in due course.

 

We will endeavour to respond to your request as soon as possible, and no
later than 5 August 2026, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe.  If you have any enquiries
regarding your request, feel free to contact us via email
to [1][email address].

 
Nāku noa, nā
Ministerial Services
Strategy and Assurance
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

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