File No. DOIA 2021-2514
4 August 2021
Mrs Nguyen
[FYI request #15722 email]
Dear Mrs Nguyen,
Thank you for your email of 9 June 2021 requesting the following under the Official Information Act
1982 (the Act):
What advice has the government received about the impact on the fuel market
in New Zealand with the potential closure of the Marsden Point oil refinery, can
you please provide copies of any consultants reports commissioned and copies
of all email communications and meeting minutes or transcripts between
stakeholders and government officials in relation to the potential closure.
On the 7 July 2021, the timeframe of your request was extended under section 15A(1)(b) of the Act, as
consultations were necessary to finalise the Ministry of Business, Innovation & Employment’s (MBIE)
final response for your request. In addition we thank you for your patience during this time.
15 documents have been identified in scope of your request, as detailed in the attached document
schedule. Some information within these documents has been redacted as out of scope, or withheld
under the following sections of the Act:
9(2)(a)
in order to protect the privacy of natural persons;
9(2)(b)(ii)
as the release of the information would be likely unreasonably to prejudice the
commercial position of the person who supplied or who is the subject of the
information;
9(2)(ba)(i)
to protect information which is subject to an obligation of confidence, where
the making available of the information would be likely to prejudice the supply
of similar information, or information from the same source, and it is in the
public interest that such information should continue to be supplied;
Building, Resources & Markets
Te Puāwai o te Aroha, Pastoral House, 25 The Terrace, Wellington 6011
PO Box 1473, Wellington 6140 New Zealand
E [email address]
T +64 4 472 0030
W www.mbie.govt.nz
9(2)(f)(iv)
in order to maintain the confidentiality of advice tendered by Ministers of the
Crown and officials;
9(2)(g)(i)
to maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or members
of an organisation or officers and employees of any public service agency or
organisation in the course of their duty;
9(2)(j)
in order to enable a Minister of the Crown or any public service agency or
organisation holding the information to carry on, without prejudice or
disadvantage, negotiations (including commercial and industrial negotiations);
18(d)
that the information requested is or will soon be publicly available.
Two of the documents in the scope of your request is denied under 18(d) of the Act. Since making your
request this information has been proactively released on the MBIE website. Links below for your
reference.
Fuel Security and Fuel Stockholding Costs and benefits 2020 – Consultants Report
www.mbie.govt.nz/dmsdocument/15257-fuel-security-and-fuel-stockholding-costs-and-benefits-2020
Annex One of the Refining NZ strategic review – fuel supply implications briefing has been released
below:
REFINING NZ IMPACT OF CONVERSION TO FUELS TERMINAL
www.mbie.govt.nz/dmsdocument/15260-refining-nz-impact-of-conversion-to-fuels-terminal
In terms of section 9(1) of the Act, I am satisfied that, in the circumstances, the withholding of this
information is not outweighed by other considerations that render it desirable to make the information
available in the public interest.
You have the right to seek an investigation and review by the Ombudsman of my decision to withhold
information relating to this request, in accordance with section 28(3) of the Act. The relevant details can
be found at: www.ombudsman.parliament.nz.
Yours sincerely
Justine Cannon
Manager Energy Markets Policy
Energy and Resource Markets
Document schedule
#
Date
Title
Paper Type
Reference
Withholding
Number
Grounds
(if
applicable)
1
20 April 2020
Refining NZ strategic
Briefing
3034 19-20
9(2)(a)
review – fuel supply
implications
Annex One
declined
under 18(d)
2
3 June 2020
Update on Refining NZ’s
Briefing
3319 19-20
9(2)(a)
strategic review
9(2)(f)(iv)
3
11 June 2020
Proposed response to
Briefing
3702 19-20
9(2)(a)
Refining NZ’s strategic
review questions
9(2)(b)(ii)
9(2)(ba)(i)
9(2)(f)(iv)
9(2)(g)(i)
4
19 June 2020
Letter from Minister
Ministerial
Released in
Woods to Refining NZ
letter
Full
5
26 February
Visit to the Marsden
Event Briefing
2021-2384
9(2)(a)
2021
Point Refinery
9(2)(b)(ii)
9(2)(ba)(i)
7
25 June 2020
Refining NZ strategic
Email with
9(2)(a)
review Stage 1
attachments
conclusion briefing and
9(2)(b)(ii)
press release
9(2)(ba)(i)
8
31 July 2020
Green fuels graphic and
Email with
9(2)(a)
letter to Minister Woods
attachments
9(2)(b)(ii)
9(2)(ba)(i)
10
1 May 2020
Refining NZ Strategic
Email with
9(2)(a)
Review - announcement
attachments
and briefing
9(2)(b)(ii)
•
Attachment
9(2)(ba)(i)
(withheld)
•
3034 19-20;
Attachment
Refining NZ strategic
withheld
review – fuel supply
under s
implications
9(2)(b)(ii)
and
9(2)(ba)(i)
11
1 May 2020
Refining NZ Strategic
Email with
9(2)(a)
Review briefing and
attachments
overview for 1 May 2020
9(2)(b)(ii)
meeting
9(2)(ba)(i)
30.04.20 RNZ
Strategic Review
Briefing Pack –
MBIE
Refining NZ
review overview
(email with attachments)
12
21 May 2020
Additional info provided
Email
9(2)(a)
by Refining NZ
13
5 June 2020
Letter from Refining NZ
Email with
9(2)(a)
to Minister Woods on 5
Attachment
June 2020
9(2)(b)(ii)
9(2)(f)(iv)
9(2)(j)
14
15 April 2020
Refining NZ Strategic
Email with
9(2)(a)
Review
Attachment
9(2)(b)(ii)
9(2)(ba)(i)
15
23 March 2020
Letter to Refinery
Email with
9(2)(b)(ii)
Attachments
9(2)(ba)(i)
9(2)(f)(iv)
16
Various
James Soligo's
Emails
9(2)(a)
correspondence with
Refining NZ
17
Various
Shane Wilson's
Emails
9(2)(a)
correspondence with
Refining NZ
Documents withheld in full
#
Date
Description
Email – Tank information, withheld under s9(2)(b)(ii) and s9(2)(ba)(i).
1
24 February 2021
Email – Re: Tank information, withheld under s9(2)(b)(ii) and
2
11 March 2021
s9(2)(ba)(i).
6
16 December 2020
Fuel Security and Fuel Stockholding Costs and benefits 2020. Withheld
under 18(d)
Email- Refining NZ response to questions following 11 May 2020
9
14 May 2020
meeting