Beijing Head of Embassy Fund disbursements
Harold made this Official Information request to Ministry of Foreign Affairs and Trade
The request was refused by Ministry of Foreign Affairs and Trade.
From: Harold
Dear Ministry of Foreign Affairs and Trade,
Regarding the New Zealand Head of Embassy Fund administered by the New Zealand Embassy to Beijing, I would like to request copies of the completed application forms submitted by all applicants that were successful in receiving funding, for these six funding rounds:
- 2017/2018
- 2018/2019
- 2019/2020
- 2020/2021
- 2021/2022
- 2022/2023
Yours faithfully,
Harold
From: ENQUIRIES
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
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From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Kia ora Harold
Thank you for your OIA request received on 19 May 2022 for:
Regarding the New Zealand Head of Embassy Fund administered by the New
Zealand Embassy to Beijing, I would like to request copies of the
completed application forms submitted by all applicants that were
successful in receiving funding, for these six funding rounds:
-2017/2018
-2018/2019
-2019/2020
-2020/2021
-2021/2022
-2022/2023
This email confirms receipt of your request and advises that we will
respond to it as soon as reasonably practicable, and in terms of the
timeframes and requirements of the OIA.
Please also be advised that the organisational impacts of implementing the
COVID-19 Protection Framework, together with the Ministry’s leadership of
the Government's response to Russia's invasion of Ukraine, mean that we
may have reduced capacity to process OIA requests. We will do our best to
make decisions on your OIA request as soon as practicably possible, and to
keep you informed of progress if there are likely to be delays.
For your information, the Chief Ombudsman has published updated guidance
on OIA requests during this time:
· [1]Chief Ombudsman's statement on official information response
times during implementation of the COVID-19 Protection Framework
· [2]FAQs about official information requests during COVID-19
Please note that our response letter to you (with your personal details
redacted), and any enclosed documents, may be published on the Ministry’s
website.
Ngâ mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
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From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Kia ora Harold,
I am writing concerning your OIA request below. This email is to advise
that we will need to extend the time limit for responding to you by 20
working days, to 18 July 2022. This is because consultations necessary to
make a decision on your request are such that a proper response cannot
reasonably be made within the original time frame (section 15A(1)(b) of
the OIA refers). Additionally, responding to your request necessitates
review of a large quantity of information, and meeting the original time
limit would unreasonably interfere with the operations of the Ministry
(section 15A(1)(a) of the OIA refers.
However, if this process is completed before 18 July 2022, the response
will be sent to you as soon as possible.
For your information, the Chief Ombudsman has published updated guidance
on OIA requests during this time:
• Chief Ombudsman's statement on official information
response times during implementation of the COVID-19 Protection Framework
• FAQs about official information requests during COVID-19
If you have any questions, you can contact us by email at: DM
[email address]. You have the right to seek an investigation and review
by the Ombudsman of this decision by contacting
www.ombudsman.parliament.nz or freephone 0800 802 602.
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatû Aorere
-------------------------------------------------
195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
[1]www.mfat.govt.nz | [2]www.safetravel.govt.nz
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From: ESD
Ministry of Foreign Affairs and Trade
[UNCLASSIFIED]
Tēnā koe Harold,
Please see attached a letter concerning your OIA request.
Ngā mihi
Executive Services Division
New Zealand Ministry of Foreign Affairs & Trade | Manatū Aorere
-------------------------------------------------
195 Lambton Quay, Private Bag 18901, Wellington 5045, New Zealand
[1]www.mfat.govt.nz | [2]www.safetravel.govt.nz
[3]cid:image001.png@01D762BA.46DA26E0
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From: Harold
Dear MFAT,
Thank you for your response, but it doesn’t appear that the 9(2)(b)(ii) withholding ground should apply here.
Ombudsman’s guidance on the application of 9(2)(b)(ii) can be accessed here:
https://www.ombudsman.parliament.nz/site...
The guidance states that an organisation can only have a “commercial position” if it engages in commercial activities:
Page 10: “A third party will have a ‘commercial position’ if it engages in ‘commercial activities’. Commercial activities are ones carried out for the predominant purpose of generating profit or gain.”
On the same page the specific situation for non-profit organisations is discussed:
“The requirement for a commercial activity to have a profit motive may mean that section 9(2)(b)(ii) cannot protect information provided by, or relating to, organisations carrying out activities on a not-for-profit basis.”
As per MFAT’s own application form for the latest round of China Head of Embassy funding:
“The Fund is aimed primarily at community groups and NGOs but other types of organisations e.g. schools, business associations may apply… The Fund does not support individual businesses.”
It seems to me like most or all successful applicants would have been non-profit organisations – or in any case were seeking funding for work that could not be defined as “commercial activity” – and therefore 9(2)(b)(ii) should not apply to the information I requested.
On page 9 of the Ombudsman’s guidance, it is stated that:
“A mere assertion of prejudice will not be sufficient; nor will vague and unsubstantiated references to ‘commercial sensitivity’ or ‘confidentiality’. Agencies must be able to:
1) demonstrate that the third party has a commercial position; and
2) explain how release of the information at issue would be likely unreasonably to prejudice that position”
I don’t think MFAT will be able to satisfy these criteria. I would welcome MFAT’s reconsideration of their decision; otherwise it is my intention to make a complaint to the Ombudsman on this basis.
Yours sincerely,
Harold
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