The Climate Change (Eligible Industrial Activities) Amendment Regulations
Simon Johnson made this Official Information request to Ministry for the Environment
The request was successful.
From: Simon Johnson
Dear Ministry for the Environment,
I have previously been corresponding with Josh Bibby about some official information (a request via email of 2 May 2016 which was responded to on 17 June 2016). Please pass on my thanks to Josh for his assistance.
I have some more related requests for information which I have chosen to communicate via the For Your Information website.
Please may I be provided with a copy of these documents:
1. Cabinet Growth & Infrastructure committee decision [EGI Min (12)27/9] dated 3/12/2012.
2. Cabinet Growth & Infrastructure committee decision [EGI Min (15) 3/4] dated 2/03/2015.
3. The respective cabinet papers and the Ministry for the Environment's advice to the Minister for these two regulations:
3.a) The Climate Change (Eligible Industrial Activities) Amendment Regulations 2013 (LI 2013/45), dated 25 March 2013, url; http://www.legislation.govt.nz/regulatio...
3.b) The Climate Change (Eligible Industrial Activities) Amendment Regulations 2014 (LI 2014/124), dated 14 April 2014, url; http://www.legislation.govt.nz/regulatio...
Yours faithfully,
Simon Johnson
From: Ministerials
Ministry for the Environment
Dear Mr Johnson
On behalf of the Ministry for the Environment, I am acknowledging your
email of 18 August 2016 in which you have requested, under the Official
Information Act 1982 (OIA):
Please may I be provided with a copy of these documents:
1. Cabinet Growth & Infrastructure committee decision [EGI Min (12)27/9]
dated 3/12/2012.
2. Cabinet Growth & Infrastructure committee decision [EGI Min (15) 3/4]
dated 2/03/2015.
3. The respective cabinet papers and the Ministry for the Environment's
advice to the Minister for these two regulations:
3.a) The Climate Change (Eligible Industrial Activities) Amendment
Regulations 2013 (LI 2013/45), dated 25 March 2013, url;
http://www.legislation.govt.nz/regulatio...
3.b) The Climate Change (Eligible Industrial Activities) Amendment
Regulations 2014 (LI 2014/124), dated 14 April 2014, url;
http://www.legislation.govt.nz/regulatio...
Your request is more closely connected with the functions and
responsibilities of the Minister for Climate Change Issues and is
therefore being transferred in accordance with section 14(b)(ii) of the
OIA. The Minister’s office has been informed of this transfer and will
provide a response to your request.
Kind regards
Josh Bibby – Adviser, Executive Relations
Ministry for the Environment – Manatu Mo Te Taiao
DDI: 04 439 7688 Website: www.mfe.govt.nz
23 Kate Sheppard Place, PO Box 10362, Wellington 6143
Please consider the environment before printing this email
-----Original Message-----
From: Simon Johnson [mailto:[FYI request #4459 email]]
Sent: Wednesday, 17 August 2016 7:36 p.m.
To: Ministerials
Subject: Official Information request - The Climate Change (Eligible
Industrial Activities) Amendment Regulations
Dear Ministry for the Environment,
I have previously been corresponding with Josh Bibby about some official
information (a request via email of 2 May 2016 which was responded to on
17 June 2016). Please pass on my thanks to Josh for his assistance.
I have some more related requests for information which I have chosen to
communicate via the For Your Information website.
Please may I be provided with a copy of these documents:
1. Cabinet Growth & Infrastructure committee decision [EGI Min (12)27/9]
dated 3/12/2012.
2. Cabinet Growth & Infrastructure committee decision [EGI Min (15) 3/4]
dated 2/03/2015.
3. The respective cabinet papers and the Ministry for the Environment's
advice to the Minister for these two regulations:
3.a) The Climate Change (Eligible Industrial Activities) Amendment
Regulations 2013 (LI 2013/45), dated 25 March 2013, url;
[1]http://www.legislation.govt.nz/regulatio...
3.b) The Climate Change (Eligible Industrial Activities) Amendment
Regulations 2014 (LI 2014/124), dated 14 April 2014, url;
[2]http://www.legislation.govt.nz/regulatio...
Yours faithfully,
Simon Johnson
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From: Lewis Stevens
Dear Mr Johnson,
In accordance with section 15A of the OIA, and on behalf of the Minister
I am extending the deadline for response for this request. This is
because consultations necessary to make a decision on the request are such
that a proper response to the request cannot reasonably be made within the
original time limit.
The extension will be for 10 working days. You can expect a reply on or
before 28 September 2016. We will endeavour to provide you with the
information sooner if we possibly can.
Under section 28(3) of the OIA, you have the right to ask the Ombudsman to
review my decision to extend the deadline for response to your request.
Kind regards,
Lewis Stevens
Lewis Stevens | Private Secretary, Climate Change
Office of Hon Paula Bennett
Minister for Climate Change Issues
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From: Simon Johnson
Dear Lewis Stevens,
On the basis of your last communication, I was expecting a reply and some information today the 28th September 2016. I hope you are still intending to provide me some information within the deadline you advised to me.
Yours sincerely,
Simon Johnson
From: Simon Johnson
Dear Lewis Stevens,
I last sent you a message on Wednesday 28 September 2016, the day you had advised me would be the new deadline under the extended timeframe for reply. I asked if you were going to reply within that deadline. More than a week has elapsed since then. If I do not receive a reply by 5:00 P.M. Monday 10 October 2016, I will refer the matter to the Office of the Ombudsmen
Yours sincerely,
Simon Johnson
From: Lewis Stevens
Dear Mr Johnson,
Apologies for the delay in getting your response to you. We are working to get it to you as soon as possible.
Kind regards,
Lewis Stevens
-----Original Message-----
From: Simon Johnson [mailto:[FYI request #4459 email]]
Sent: Friday, 7 October 2016 9:31 a.m.
To: Lewis Stevens
Subject: Re: Official Information request - The Climate Change (Eligible Industrial Activities) Amendment Regulations
Dear Lewis Stevens,
I last sent you a message on Wednesday 28 September 2016, the day you had advised me would be the new deadline under the extended timeframe for reply. I asked if you were going to reply within that deadline. More than a week has elapsed since then. If I do not receive a reply by 5:00 P.M. Monday 10 October 2016, I will refer the matter to the Office of the Ombudsmen Yours sincerely,
Simon Johnson
-----Original Message-----
Dear Mr Johnson,
In accordance with section 15A of the OIA, and on behalf of the Minister I am extending the deadline for response for this request. This is because consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit.
The extension will be for 10 working days. You can expect a reply on or before 28 September 2016. We will endeavour to provide you with the information sooner if we possibly can.
Under section 28(3) of the OIA, you have the right to ask the Ombudsman to review my decision to extend the deadline for response to your request.
Kind regards,
Lewis Stevens
Lewis Stevens | Private Secretary, Climate Change
Office of Hon Paula Bennett
Minister for Climate Change Issues
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Please use this email address for all replies to this request:
[FYI request #4459 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
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Simon Johnson left an annotation ()
I have complained to the Ombudsman about the lack of a response within the extended time limit.
From: FYI.org.nz Administrator
Letter from Hon Paula Bennett 17 10 2016 signed.pdf
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[Response with personal email address redacted. Original email
received October 17, 2016 is below. -- FYI admin]
Dear Mr Johnson,
I am writing to follow up on a request you made under the Official
Information Act. I sent out the response on Monday 10 October, but
unfortunately to the email address used in one of your earlier requests.
I have attached the response here, apologies for any inconvenience this
may have caused.
Kind regards,
Lewis Stevens
Lewis Stevens | Private Secretary, Climate Change
Office of Hon Paula Bennett
Minister for Climate Change Issues
Simon Johnson left an annotation ()
These documents are either Ministry for the Environment briefing papers or Cabinet minutes which show that New Zealand Aluminium Smelters Limited has a "bespoke" arrangement for calculating its free allocation of units under the NZ emissions trading scheme. The calculation of the amount of units to reflect electricity cost increases caused by the NZ emissions trading scheme is revisited annually. Of particular note is Document 6, "MfE advice/briefing note 14-B-00449", dated 28/03/2014, 4 pages, and Document 7, "The 2014 NZAS regulation update LEG paper", dated 9/04/2014. These document an increase in the 2013 final allocative baseline to 10.441 emission units per tonne of aluminium produced. The original allocative baseline was 2.556 in 2010. In places, the precise share of the calculated allocative baseline relating to ETS electricity pass-through costs, in number of units per megawatt hour, has been redacted (See Document 2, paragraph 3).
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On 8 September 2016, the Minister's office extended the deadline under S 15A of the OIA due to the need for 'consultation'. Expected response is now 28 September 2016.
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