Emission units surrendered by eleven companies under NZETS

Simon Johnson made this Official Information request to Environmental Protection Authority

The request was refused by Environmental Protection Authority.

From: Simon Johnson

Dear Environmental Protection Authority,

Re: Emission units surrendered by eleven companies under the NZETS

May I please request some information under the Official Information Act 1982?

For each of the following companies;

New Zealand Steel Limited, New Zealand Aluminium Smelters Limited, Methanex New Zealand Limited, Fletcher Concrete and Infrastructure Limited, Ballance Agri-Nutrients Limited, Holcim (New Zealand) Limited, Carter Holt Harvey Pulp & Paper Limited, Pan Pac Forest Products Limited, McDonalds Lime Limited, Winstone Pulp International Limited, Whakatane Mill Limited;

will you please provide me with the following information;

The number and type of emission units surrendered in terms of the New Zealand Emissions Trading Scheme
a) for the six month period ended on 31 December 2010 and
b) for the calendar year 2011.

Yours faithfully,

Simon C Johnson

Link to this

From: Thomas Barker
Environmental Protection Authority

Attachment Simon Johnson OIA Letter.pdf
71K Download View as HTML

Dear Mr Johnson,


Please find attached the response from the EPA regarding your Official
Information Act requested received on 28 March 2013.





Tom Barker

Analyst, Registry Operations

emissions trading scheme

Environmental Protection Authority · Level 10 · 215 Lambton Quay ·
Private Bag 63002 · Wellington 6140 · New Zealand ·  Tel +64 4 916 2426 ·
Fax +64 4 914 0433 · DDI +64 474 5545 · [1]www.epa.govt.nz





Visible links
1. http://www.epa.govt.nz/

Link to this

Simon Johnson left an annotation ()

This is EPA's reason for withholding the requested information.
"The information you have requested is subject to an obligation of confidentiality imposed on the Environmental Protection Authority (EPA) by section 99 of the Climate Change Response Act 2002 (CCRA). Section 52(3)(b) of the OIA provides that the EPA's obligation of confidence is not overruled by any provision within the OIA. As such, the EPA is unable to release the information that you have requested unless one of the exceptions specified in section 99(2)(b) of the CCRA applies... the information relevant to your request is withheld pursuant to section 99 of the CCRA. "
I have lodged a complaint with the Office of the Ombudsmen.

Link to this

Simon Johnson left an annotation ()

After a year's delay, the Deputy Ombudsman Leo Donnelly advised that he agreed with the EPA view that they did not have to provide the information on units surrendered. This is a quote from his letter dated 8 April 2014.
"I am not persuaded that the OIA is an Act that provides for the disclosure of information in s 99(2)(a) of the Climate Change Response Act. The OIA confers a right to request official information and requires that such requests be processed in accordance with its provisions, but those provisions do not provide for the disclosure of information under the CCRA (or any other Act that imposes restrictions on the availability of official information). Instead, section 52(3)(b)(i) of the OIA provides that nothing in that Act derogates from any provision which is contained in any other Act which imposes a prohibition or restriction in relation to the availability of official information. Section 99 is such a section.
Accordingly, the OIA does not override the restrictions imposed by section 99 of the CCRA and it would be contrary to that section for the requested information to be made available to you. Consequently, section 18(c)(1) of the OIA provides a reason to refuse your request on that basis."

Link to this

Simon Johnson left an annotation ()

Here is the Ombudsman's letter of 9 April 2014.

Link to this

Things to do with this request

Environmental Protection Authority only: