Printed from https://fyi.org.nz/request/7428-information-on-seized-diplomatic-property on November 22, 2024 05:17

Information on seized diplomatic property

Jonathan Red made this Official Information request to Ministry of Foreign Affairs and Trade

The request was refused by Ministry of Foreign Affairs and Trade.

From: Jonathan Red

Dear Ministry of Foreign Affairs and Trade,

I would like to request all information held by the Ministry regarding the following two properties - 24 Hatton Street in Wellington and 33 Rama Crescent in Wellington. These properties housed the chancery and the residence of the Embassy of the former Yugoslavia until 1992. The Appendix to Annex B of the Agreement on succession issues, signed by all five successor states of the former Yugoslavia in 2001 in Vienna, lists diplomatic properties of the former country abroad. On this list the two aforementioned properties are listed under the entry for New Zealand. They are listed as having a legal status of "ownership" however under comment column the entry says "Taken over by the Government of New Zealand since 1992".

More specifically I would like to request

-copy of the decision under which the properties were seized in 1992 and any potential subsequent decisions extending the hold
-documents showing the current legal status and documents related to the current use of the two properties
-any other documents pertaining to the status of these properties, especially recent correspondence with the authorities of Serbia, Slovenia, Croatia, Bosnia and Herzegovina or FYR Macedonia or the United Nations bodies.

Yours faithfully,

Jonathan Red

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From: ENQUIRIES
Ministry of Foreign Affairs and Trade

[UNCLASSIFIED]

Thank you for your enquiry.

 

·         For urgent consular issues, or if you are a New Zealand citizen
overseas needing assistance, please email [1][email address]

 

·         For enquiries regarding New Zealand Scholarships, please use the
scholarships enquiries form available at:
[2]https://scholarship.force.com/CommunityF...

 

·         Visas for New Zealand are issued by Immigration New Zealand. For
information on visas and travelling to New Zealand, please see their
website: [3]www.immigration.govt.nz

 

·         For information on visas for other countries please contact the
relevant foreign representative to New Zealand. A full list can be found
on our website: [4]www.mfat.govt.nz/en/embassies/

 

·         Passports are issued by the Department of Internal Affairs.
Please see their website for more information: [5]www.passports.govt.nz

 

·         For information on bringing goods into New Zealand, please see
the New Zealand Customs website: [6]www.customs.govt.nz

 

For all other enquiries you can expect a response in due course.

 

Kind regards,

 

 

MFAT ENQUIRIES
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

  

 

195 Lambton Quay, Private Bag 18901
Wellington 6160

New Zealand

[7]www.mfat.govt.nz | [8]www.safetravel.govt.nz

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From: ENQUIRIES
Ministry of Foreign Affairs and Trade

[UNCLASSIFIED]

Dear Jonathan Red,

Thank you for your OIA request , this email confirms receipt and advises that your request has been sent to the appropriate division for response.

Kind regards

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

195 Lambton Quay, Private Bag 18901
Wellington 6160
New Zealand
www.mfat.govt.nz | www.safetravel.govt.nz

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From: ESD
Ministry of Foreign Affairs and Trade

Attachment Jonathan Red response letter.pdf
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[UNCLASSIFIED]

Dear Jonathan Red

 

Please see the attached letter regarding your OIA request.

 

 

Kind regards,

 

 

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

T +64 4 439 8000   E  [1][email address]  

 

[2]www.mfat.govt.nz | [3]www.safetravel.govt.nz

 

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From: Mike Pynenburg

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Attachment image002.jpg
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Attachment image003.jpg
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Attachment Gazette Notice.pdf
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Dear Mr Red

 

We refer to your request under the Official Information Act 1982 (the OIA)
for information regarding the properties formerly occupied by the Embassy
of the former Socialist Federal Republic of Yugoslavia, which was
transferred to Public Trust by the Ministry of Foreign Affairs and Trade.

 

We note that as the information in respect of that property is held by
Public Trust in a fiduciary capacity, it is not considered official
information under section 2 of the OIA. That section of the OIA is as
follows:

 

“official information - ...

  (g)    does not include any information held by Public Trust or the
Maori Trustee:

        (i)    in their capacity as trustee within the meaning of the
Trustee Act 1956; or

        (ii)    in any other fiduciary capacity.”

 

Although the OIA does not apply to your request, we can advise that Public
Trust was appointed Manager of the property situated in New Zealand of the
former Socialist Federal Republic of Yugoslavia by the High Court of New
Zealand on 27 November 1992. A copy of the Gazette Notice is attached for
your reference. Please note a typographical error in the description of
the relevant Act in the Gazette Notice. The correct Act is Public Trust
Office Act 1957.

 

Please note that you have the right to complain to the Ombudsman and seek
an investigation and review of our decision in regard to your request. For
information on the complaints process, please refer to
[1]www.ombudsman.parliament.nz.

 

Your sincerely

 

Mike Pynenburg
Senior Trust Officer [2]Public Trust

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From: ESD
Ministry of Foreign Affairs and Trade

Attachment OIA 25960 Jonathan Red notification of extension.pdf
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[UNCLASSIFIED]

Dear Jonathan Red

 

Please see the attached letter regarding your OIA request of 11 March
2018.

 

Kind regards,

 

 

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

T +64 4 439 8000   E  [1][email address]  

 

[2]www.mfat.govt.nz | [3]www.safetravel.govt.nz

 

 

 

[UNCLASSIFIED]

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From: Jonathan Red

Dear ESD,

thank for you the notification. I would also like to point out that the part of my request that was transferred to Public Turst, as they were expected to be better suited to provide information, was turned down by the Public Trust on April 05, 2018 as any information held by Public Trust in their capacity as trustee or in any other fiduciary capacity is not considered official information by law.

This refers to

-copy of the Order of the High Court of New Zealand dated 27 November 1992 (Public Trust was able to provide a copy of the Gazette Notice from 1992)
-documents showing the current legal status and documents related to the current use of the two properties

So due to the above mentioned issues, if the Ministry of Foreign Affairs and Trade holds such information, I would still like to request it .

Yours sincerely,

Jonathan Red

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From: ESD
Ministry of Foreign Affairs and Trade

Attachment Jonathan Red redacted docs.pdf
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Attachment Jonathan Red response letter.pdf
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[UNCLASSIFIED]

Dear Jonathan Red

 

Please see the attached letter and documents regarding your OIA request of
11 March 2018.

 

 

Kind regards,

 

 

Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere

 

T +64 4 439 8000   E  [1][email address]  

 

[2]www.mfat.govt.nz | [3]www.safetravel.govt.nz

 

 

[UNCLASSIFIED]

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Things to do with this request

Anyone:
Ministry of Foreign Affairs and Trade only: