advice on a second commitment period under the Kyoto Protocol
Simon Johnson made this Official Information request to Ministry for the Environment
The request was partially successful.
From: Simon Johnson
Dear Ministry for the Environment,
On 9 November 2012 the Minister for Climate Change Issues the honourable Tim Groser announced that New Zealand would not be signing up to a Second Commitment Period (CP2) under the Kyoto Protocol for the period from 2013 to 2020.
I am assuming that the Minister received some advice from the Ministry to support his decision and that the decision was confirmed by Cabinet.
Under the Official Information Act 1982, I request copies of;
1) the advice provided to the Minister
2) the Cabinet paper.
Please provide me this information via the www.fyi.org.nz website
Yours faithfully,
Simon Johnson
Wellington
From: Info at MfE
Ministry for the Environment
Thank you for your enquiry.
If you are from a media organisation, please call the Ministry for the Environment’s media phone: 027 231 6930
If you are making a request for information under the Official Information Act 1982, please forward your email to [MFE request email]<mailto:[MFE request email]>
Otherwise, we will respond to your email as soon as possible.
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Please Note: The information contained in this e-mail message and any attached files may be confid*ential information, and may also be the subject of legal professional privilege. It is not necessarily the official view of the Ministry for the Environment. If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, please notify us immediately by reply e-mail and delete the original. Thank you.
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From: Eleanor Williams
Ministry for the Environment
Dear Mr Johnson,
On behalf of the Ministry for the Environment I acknowledge receipt of your email of 19 December 2012 requesting copies of advice from the Ministry for the Environment provided to the Minister for Climate Change Issues regarding the decision to not sign up to a Second Commitment Period (CP2) under the Kyoto Protocol.
As this information relates more closely to the functions of the Minister, I have applied section 14 of the Official Information Act 1982 and transferred your request to Hon Tim Groser for consideration.
You will receive a response as soon as is reasonably practicable.
Regards,
Eleanor Williams
Executive Relations Team
Ministry for the Environment- Manatü Mö Te Taiao
http://www.mfe.govt.nz
-----Original Message-----
From: Simon Johnson [mailto:[OIA #695 email]]
Sent: Tuesday, 18 December 2012 6:46 p.m.
To: Info at MfE
Subject: Official Information Act request - advice on a second commitment period under the Kyoto Protocol
Dear Ministry for the Environment,
On 9 November 2012 the Minister for Climate Change Issues the
honourable Tim Groser announced that New Zealand would not be
signing up to a Second Commitment Period (CP2) under the Kyoto
Protocol for the period from 2013 to 2020.
I am assuming that the Minister received some advice from the
Ministry to support his decision and that the decision was
confirmed by Cabinet.
Under the Official Information Act 1982, I request copies of;
1) the advice provided to the Minister
2) the Cabinet paper.
Please provide me this information via the www.fyi.org.nz website
Yours faithfully,
Simon Johnson
Wellington
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[OIA #695 email]
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Information Act requests to Ministry for the Environment? If so,
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Please Note: The information contained in this e-mail message and any attached files may be confid*ential information, and may also be the subject of legal professional privilege. It is not necessarily the official view of the Ministry for the Environment. If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, please notify us immediately by reply e-mail and delete the original. Thank you.
*********************************************************************************************
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From: Simon Johnson
Dear Eleanor Williams,
Thank you for your email of 20 December 2012 where you say my request for information is being transferred to the Minister's office.
Will you please clarify for me whether that means that the information I have requested;
1) exists
2) is official information, and
3) it is held by the Ministry for the Environment?
Thank you
Yours sincerely,
Simon Johnson
From: Eleanor Williams
Ministry for the Environment
Hi Simon,
The transfer means that the information requested relates to the functions of the Minister for Climate Change Issues and is therefore most appropriately considered by the Hon Tim Groser.
Regards,
Eleanor Williams
Executive Relations Team
Ministry for the Environment- Manatü Mö Te Taiao
-----Original Message-----
From: Simon Johnson [mailto:[OIA #695 email]]
Sent: Thursday, 20 December 2012 2:52 p.m.
To: Eleanor Williams
Subject: Re: Acknowledgement of your Official Information Act request - advice on a second committment period under the Kyoto Protocol
Dear Eleanor Williams,
Thank you for your email of 20 December 2012 where you say my
request for information is being transferred to the Minister's
office.
Will you please clarify for me whether that means that the
information I have requested;
1) exists
2) is official information, and
3) it is held by the Ministry for the Environment?
Thank you
Yours sincerely,
Simon Johnson
-----Original Message-----
Dear Mr Johnson,
On behalf of the Ministry for the Environment I acknowledge receipt
of your email of 19 December 2012 requesting copies of advice from
the Ministry for the Environment provided to the Minister for
Climate Change Issues regarding the decision to not sign up to a
Second Commitment Period (CP2) under the Kyoto Protocol.
As this information relates more closely to the functions of the
Minister, I have applied section 14 of the Official Information Act
1982 and transferred your request to Hon Tim Groser for
consideration.
You will receive a response as soon as is reasonably practicable.
Regards,
Eleanor Williams
Executive Relations Team
Ministry for the Environment- Manatü Mö Te Taiao
http://www.mfe.govt.nz
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #695 email]
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
*********************************************************************************************
Please Note: The information contained in this e-mail message and any attached files may be confid*ential information, and may also be the subject of legal professional privilege. It is not necessarily the official view of the Ministry for the Environment. If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, please notify us immediately by reply e-mail and delete the original. Thank you.
*********************************************************************************************
hide quoted sections
From: Simon Johnson
Dear Eleanor Williams,
Thank you for your reply. May I politely point out that you have not answered my question.
I also point out that under Section 13 of the Official Information Act 1982 it is the duty of each Department to give reasonable assistance to a person requesting information.
I do not see the relevance of a transfer under Section 14 of the Official Information Act 1982 unless you are saying the Ministry for the Environment does not hold the information, and the Minister does. If that is the case please let me know.
As I have requested information (advice) that would in the normal course of events be held by both the Minister (recipient) and the Ministry (author) I do not see why such information could be more "closely connected" with the Minister than the Ministry. The connection would be equal.
Let me clarify my request so it is extremely specific.
If there is advice to the Minister from the Ministry for the Environment and a cabinet paper concerning New Zealand's decision to not participate in a second Kyoto Protocol commitment period, and if the Ministry for the Environment holds copies of such information, then that is specifically the information I am requesting from you.
So please clarify for me if this information exists, and if the Ministry for the Environment holds it.
If this requires further clarification, please let me know via the www.fyi.org.nz website
Yours sincerely,
Simon Johnson
From: Eleanor Williams
Ministry for the Environment
Dear Simon,
I appreciate what you're saying and agree that your request is very specific.
The Ministry for the Environment holds information on behalf of its Ministers. I can assure you that the transfer under section 14 does not change the information captured by the scope of your request. It merely means that the response will come from the Minister for Climate Change Issues rather than the Ministry for the Environment. This is in recognition of the fact that the information you've asked for relates to Ministerial responsibilities and decisions made by members of Cabinet rather than departmental functions and responsibilities. It would not be appropriate for such information to be released by a department.
I hope this helps clarify the rationale behind the transfer of your request. If you would like to discuss the matter further, please contact my Manager, Anne-Marie Johnsen, on 04-439-7547 (but please note that the Ministry will close for the end of the year at midday tomorrow. We will re-open on January 7 2013).
Kind regards,
Eleanor Williams
Executive Relations Team
Ministry for the Environment- Manatü Mö Te Taiao
http://www.mfe.govt.nz
-----Original Message-----
From: Simon Johnson [mailto:[OIA #695 email]]
Sent: Thursday, 20 December 2012 3:44 p.m.
To: Eleanor Williams
Subject: RE: Acknowledgement of your Official Information Act request - advice on a second committment period under the Kyoto Protocol
Dear Eleanor Williams,
Thank you for your reply. May I politely point out that you have
not answered my question.
I also point out that under Section 13 of the Official Information
Act 1982 it is the duty of each Department to give reasonable
assistance to a person requesting information.
I do not see the relevance of a transfer under Section 14 of the
Official Information Act 1982 unless you are saying the Ministry
for the Environment does not hold the information, and the Minister
does. If that is the case please let me know.
As I have requested information (advice) that would in the normal
course of events be held by both the Minister (recipient) and the
Ministry (author) I do not see why such information could be more
"closely connected" with the Minister than the Ministry. The
connection would be equal.
Let me clarify my request so it is extremely specific.
If there is advice to the Minister from the Ministry for the
Environment and a cabinet paper concerning New Zealand's decision
to not participate in a second Kyoto Protocol commitment period,
and if the Ministry for the Environment holds copies of such
information, then that is specifically the information I am
requesting from you.
So please clarify for me if this information exists, and if the
Ministry for the Environment holds it.
If this requires further clarification, please let me know via the
www.fyi.org.nz website
Yours sincerely,
Simon Johnson
-----Original Message-----
Hi Simon,
The transfer means that the information requested relates to the
functions of the Minister for Climate Change Issues and is
therefore most appropriately considered by the Hon Tim Groser.
Regards,
Eleanor Williams
Executive Relations Team
Ministry for the Environment- Manatü Mö Te Taiao
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #695 email]
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
*********************************************************************************************
Please Note: The information contained in this e-mail message and any attached files may be confid*ential information, and may also be the subject of legal professional privilege. It is not necessarily the official view of the Ministry for the Environment. If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, please notify us immediately by reply e-mail and delete the original. Thank you.
*********************************************************************************************
hide quoted sections
From: Ministerials
Ministry for the Environment
Apologies Simon, I gave you the wrong number for my manager. Anne-Marie's contact phone number is 04-439-7773.
Cheers,
Eleanor
-----Original Message-----
From: Eleanor Williams
Sent: Thursday, 20 December 2012 4:41 p.m.
To: 'Simon Johnson'
Subject: RE: Acknowledgement of your Official Information Act request - advice on a second committment period under the Kyoto Protocol
Importance: High
Dear Simon,
I appreciate what you're saying and agree that your request is very specific.
The Ministry for the Environment holds information on behalf of its Ministers. I can assure you that the transfer under section 14 does not change the information captured by the scope of your request. It merely means that the response will come from the Minister for Climate Change Issues rather than the Ministry for the Environment. This is in recognition of the fact that the information you've asked for relates to Ministerial responsibilities and decisions made by members of Cabinet rather than departmental functions and responsibilities. It would not be appropriate for such information to be released by a department.
I hope this helps clarify the rationale behind the transfer of your request. If you would like to discuss the matter further, please contact my Manager, Anne-Marie Johnsen, on 04-439-7547 (but please note that the Ministry will close for the end of the year at midday tomorrow. We will re-open on January 7 2013).
Kind regards,
Eleanor Williams
Executive Relations Team
Ministry for the Environment- Manatü Mö Te Taiao
http://www.mfe.govt.nz
-----Original Message-----
From: Simon Johnson [mailto:[OIA #695 email]]
Sent: Thursday, 20 December 2012 3:44 p.m.
To: Eleanor Williams
Subject: RE: Acknowledgement of your Official Information Act request - advice on a second committment period under the Kyoto Protocol
Dear Eleanor Williams,
Thank you for your reply. May I politely point out that you have
not answered my question.
I also point out that under Section 13 of the Official Information
Act 1982 it is the duty of each Department to give reasonable
assistance to a person requesting information.
I do not see the relevance of a transfer under Section 14 of the
Official Information Act 1982 unless you are saying the Ministry
for the Environment does not hold the information, and the Minister
does. If that is the case please let me know.
As I have requested information (advice) that would in the normal
course of events be held by both the Minister (recipient) and the
Ministry (author) I do not see why such information could be more
"closely connected" with the Minister than the Ministry. The
connection would be equal.
Let me clarify my request so it is extremely specific.
If there is advice to the Minister from the Ministry for the
Environment and a cabinet paper concerning New Zealand's decision
to not participate in a second Kyoto Protocol commitment period,
and if the Ministry for the Environment holds copies of such
information, then that is specifically the information I am
requesting from you.
So please clarify for me if this information exists, and if the
Ministry for the Environment holds it.
If this requires further clarification, please let me know via the
www.fyi.org.nz website
Yours sincerely,
Simon Johnson
-----Original Message-----
Hi Simon,
The transfer means that the information requested relates to the
functions of the Minister for Climate Change Issues and is
therefore most appropriately considered by the Hon Tim Groser.
Regards,
Eleanor Williams
Executive Relations Team
Ministry for the Environment- Manatü Mö Te Taiao
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #695 email]
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
*********************************************************************************************
Please Note: The information contained in this e-mail message and any attached files may be confid*ential information, and may also be the subject of legal professional privilege. It is not necessarily the official view of the Ministry for the Environment. If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, please notify us immediately by reply e-mail and delete the original. Thank you.
*********************************************************************************************
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From: Jonathan Franklin (MIN)
Document 9.pdf
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Cover Letter.pdf
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Document 1.pdf
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Dear Mr Johnson
Please find attached the response to your Official Information Act
request.
Yours sincerely
Jonathan Franklin
Private Secretary (Advisory)
Office of Hon Tim Groser
Minister of Trade
Minister for Climate Change Issues
Associate Minister of Foreign Affairs
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From: Simon Johnson
Dear Jonathan Franklin (MIN),
Thank you for providing the 8 documents and the letter and table describing the documents and the provisions of the Official Information Act relied on for the many with-holdings of information.
Document 1 is undated, other than being described as October in the table. There is a space for the Minister's signature and a date on the last page.
May I please know the official date of the document and the date Mr Groser signed it.
Thank you.
Yours sincerely,
Simon Johnson
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Alex Harris left an annotation ()
Cabinet papers are nominally held by the Minister, and so its a common practice where the request is politically sensitive to transfer to them so they can make the decision.
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