Time of receipt of written notice from Minister for Environment re section 36
Harris Leigh made this Official Information request to Environmental Protection Authority
Environmental Protection Authority did not have the information requested.
From: Harris Leigh
Dear Environmental Protection Authority,
On 2 March 2023 the Minister for the Environment purported to exercise his power under section 36 of the Crown Entities Act 2004 to remove a member of the board of the Environmental Protection Authority.
Section 36(2) of the Act requires
"The removal must be made by written notice to the member (with a copy to the entity)."
The publicly released written notice is addressed to the member being removed and copied to his fellow board members, the Chief Executive of the crown monitor and the Public Service Commissioner. There is nothing to indicate that the written notice was provided to the EPA as required by Law.
Under the OIA I request:
1) A copy of the notice provided to the EPA under s36(2) including time and date this was received. Please note I am NOT seeking a copy of the publicly released notice that explicitly is not copied to the EPA. I am seeking the copy of the notice provided to the Chief Executive of the EPA. If no written notice was provided directly to the EPA, other than the publicly released letter that was not copied to the EPA, please simply advice that you do not hold the information as the Minister failed to comply the law.
2) A copy of any correspondence from the Minister for the Environment to the CE of the EPA advising the CE that the Minister was removing the chair under section 36. Please include the time and date this was received.
3) Information on steps taken by the Chief Executive to make sure all EPA staff were aware of the decision before it became public.
Yours faithfully,
Harris Leigh
From: Ministerials
Environmental Protection Authority
Kia ora Harris,
We are working on a response to your request and will provide it to you as
soon as possible.
Ngā mihi,
Annie Williams (she/her)
Principal Advisor, Government Engagement
+64 4 474 5590
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-----Original Message-----
From: Harris Leigh <[FOI #21972 email]>
Sent: Thursday, 2 March 2023 3:18 pm
To: Ministerials <[EPA request email]>
Subject: Official Information request - Time of receipt of written notice
from Minister for Environment re section 36
Dear Environmental Protection Authority,
On 2 March 2023 the Minister for the Environment purported to exercise his
power under section 36 of the Crown Entities Act 2004 to remove a member
of the board of the Environmental Protection Authority.
Section 36(2) of the Act requires
"The removal must be made by written notice to the member (with a copy to
the entity)."
The publicly released written notice is addressed to the member being
removed and copied to his fellow board members, the Chief Executive of the
crown monitor and the Public Service Commissioner. There is nothing to
indicate that the written notice was provided to the EPA as required by
Law.
Under the OIA I request:
1) A copy of the notice provided to the EPA under s36(2) including time
and date this was received. Please note I am NOT seeking a copy of the
publicly released notice that explicitly is not copied to the EPA. I am
seeking the copy of the notice provided to the Chief Executive of the EPA.
If no written notice was provided directly to the EPA, other than the
publicly released letter that was not copied to the EPA, please simply
advice that you do not hold the information as the Minister failed to
comply the law.
2) A copy of any correspondence from the Minister for the Environment to
the CE of the EPA advising the CE that the Minister was removing the chair
under section 36. Please include the time and date this was received.
3) Information on steps taken by the Chief Executive to make sure all EPA
staff were aware of the decision before it became public.
Yours faithfully,
Harris Leigh
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[6][FOI #21972 email]
Is [7][EPA request email] the wrong address for Official Information
requests to Environmental Protection Authority? If so, please contact us
using this form:
[8]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://aus01.safelinks.protection.outlo...
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
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From: Ministerials
Environmental Protection Authority
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Kia ora Harris,
Please find attached a response to your Official Information Act request.
We have transferred parts 1 and 2 of your request to the Office of Hon
David Parker, as we believe this request is more closely connected with
the functions of the Minister for the Environment.
Ngā mihi,
Annie Williams (she/her)
Principal Advisor, Government Engagement
+64 4 474 5590
[1]Text Description automatically generated
Follow us on [2]Facebook, [3]Twitter, [4]Instagram, and [5]LinkedIn.
Our New Zealand Business Number is 9429041901977.
This email message and any attachment(s) are intended for the addressee(s)
only.
If you receive this message in error, please notify the sender and delete
the message and any attachment(s).
-----Original Message-----
From: Harris Leigh <[FOI #21972 email]>
Sent: Thursday, 2 March 2023 3:18 pm
To: Ministerials <[EPA request email]>
Subject: Official Information request - Time of receipt of written notice
from Minister for Environment re section 36
Dear Environmental Protection Authority,
On 2 March 2023 the Minister for the Environment purported to exercise his
power under section 36 of the Crown Entities Act 2004 to remove a member
of the board of the Environmental Protection Authority.
Section 36(2) of the Act requires
"The removal must be made by written notice to the member (with a copy to
the entity)."
The publicly released written notice is addressed to the member being
removed and copied to his fellow board members, the Chief Executive of the
crown monitor and the Public Service Commissioner. There is nothing to
indicate that the written notice was provided to the EPA as required by
Law.
Under the OIA I request:
1) A copy of the notice provided to the EPA under s36(2) including time
and date this was received. Please note I am NOT seeking a copy of the
publicly released notice that explicitly is not copied to the EPA. I am
seeking the copy of the notice provided to the Chief Executive of the EPA.
If no written notice was provided directly to the EPA, other than the
publicly released letter that was not copied to the EPA, please simply
advice that you do not hold the information as the Minister failed to
comply the law.
2) A copy of any correspondence from the Minister for the Environment to
the CE of the EPA advising the CE that the Minister was removing the chair
under section 36. Please include the time and date this was received.
3) Information on steps taken by the Chief Executive to make sure all EPA
staff were aware of the decision before it became public.
Yours faithfully,
Harris Leigh
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[6][FOI #21972 email]
Is [7][EPA request email] the wrong address for Official Information
requests to Environmental Protection Authority? If so, please contact us
using this form:
[8]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://aus01.safelinks.protection.outlo...
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
References
Visible links
1. http://www.epa.govt.nz/
2. https://www.facebook.com/EPAgovtNZ/
3. https://twitter.com/EPAgovtnz
4. https://www.instagram.com/epagovtnz/
5. https://www.linkedin.com/company/epagovt...
6. mailto:[FOI #21972 email]
7. mailto:[EPA request email]
8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...
hide quoted sections
From: Taku Mahi
Kia ora
This email is confirmation that the Ministry has received and logged this
OIA request received by your office.
Please contact Lachlan Brown or [1][email address] with any
questions on this request.
Ngâ mihi nui
Ministerial Services Team
Ministry for the Environment – Manatû Mô Te Taiao
Email: [email address] Website: [2]www.mfe.govt.nz
23 Kate Sheppard Place, Thorndon, Wellington 6143
References
Visible links
1. mailto:[email address]
2. http://www.mfe.govt.nz/
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