Printed from https://fyi.org.nz/request/355-lobbying-on-the-lobbying-disclosure-bill on November 05, 2024 07:08

Lobbying on the Lobbying Disclosure Bill

Phil Lyth made this Official Information request to Attorney-General

Response to this request is long overdue. By law Attorney-General should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Phil Lyth

Dear Hon Chris Finlayson,

I'd like to ask the names of the people (excluding MPs) who lobbied you regarding the Lobbying Disclosure Bill:

a) after the introduction of the bill and prior to the section 7 report issued today
b) prior to the introduction of the bill (and, obviously, after the announcement of the bill by the sponsor)

With regards to s12 of the OIA, I am a NZ citizen and in NZ.

Yours faithfully,

Phil Lyth

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From: C Finlayson (MIN)

On behalf of Hon Christopher Finlayson, thank you for your email. Your
correspondence has been recorded and will be noted. All mail is read and
relevant material placed in front of the Minister. If, however, you are
writing to express a personal point of view or opinion, a reply may not
always be sent.

 

Due to the volume of correspondence received by the office, we regret we
are unable to accept invitations via email. If you wish to invite the
Minister to a function or event, an invitation needs to be sent freepost
 to:

 

Hon Christopher Finlayson

Parliament Buildings
Molesworth Street

Wellington

 

Kind Regards

 

Office of Hon. Christopher Finlayson

 

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Joshua Grainger left an annotation ()

Note that Chris Finlayson prepared the report in his capacity as Attorney General, and the Attorney General is not subject to the OIA: http://cabinetmanual.cabinetoffice.govt....

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Luke C left an annotation ()

Joshua

Is there a statutory basis for the claim at 8.19 in the 'Cabinet Manual'?

Luke

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Joshua Grainger left an annotation ()

No statutory basis, but that's because roles such as being a Minister of the Crown and the Attorney-General are largely creatures of convention rather than being invented by statute. It is worth noting though that the Ombudsman has recognized that the Attorney-General doesn't fall under the OIA in casenote W41067.

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Joshua Grainger left an annotation ()

Here's a quote from the case that summarizes the situation:

"In New Zealand the Attorney-General's Act 1866 provided for the Attorney-General to be a permanent Government appointment holding office during good behaviour and being removable upon the address of both Houses of Parliament. That Act provided that the Attorney-General could be appointed whether or not the person was a member of the Executive Council and whether or not the person was the holder of a seat in either House of the General Assembly. The current legislative provision is the Civil List Act 1979 and there is no longer any express statutory provision regulating the office of the Attorney-General. However, it is generally accepted by legal commentators today that the role of Attorney-General is quite separate from that of a Minister of the Crown and that the office of Attorney-General functions independently. Although the Attorney-General is almost always a member of Cabinet, this need not be so.... The Attorney-General is not a Minister of the Crown by virtue of holding office as Attorney-General and cannot therefore be brought within the scope of the Act in that capacity."

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Things to do with this request

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