26 May 2023
Lance D. Lavery
[FYI request #22789 email]
Ref: OIA-2022/23-0907
Dear Lance Lavery
Official Information Act request relating to New Zealand’s position on the recognition
of Palestine
Thank you for your request made under the Official Information Act (the Act) and received by
the Department of the Prime Minister and Cabinet (DPMC) on 12 May 2023. You requested:
“I am writing under the provisions of the Official Information Act 1982 to request
specific information concerning New Zealand's stance on the recognition of Palestine
as a sovereign state.
As per the arguments presented in the article "Recognise Palestine" by Justice for
Palestine, it is suggested that Palestine satisfies the statehood criteria under
international law. The article proposes that recognising Palestine as a sovereign state
would harmonise New Zealand's position with many United Nations member states and
align with New Zealand's foreign policy supporting a two-state solution in the Israeli-
Palestinian conflict.
Considering these assertions, I kindly request the following information:
1. Comprehensive elucidation of New Zealand's current position on the recognition
of Palestine as a sovereign state, including the reasons for this stance.
2. All documents, correspondence, or reports discussing New Zealand's position on
recognising Palestine, especially given that many UN member states have
already recognised Palestine.
3. Any analytical or briefing materials evaluating Palestine's qualification against the
international law criteria for statehood - a permanent population, a defined
territory, a government, and the capability to establish diplomatic relations with
other states.
4. Information on actions that New Zealand has undertaken or plans to undertake in
response to the human rights situation in the Occupied Palestinian Territories.
5. All correspondence or reports discussing the implications of recognising
Palestine on the Israeli-Palestinian peace process and the advancement of a
two-state solution.
6. Any correspondence or documents assessing the potential political and
diplomatic implications for New Zealand in the event of recognising Palestine as
a sovereign state.”
I believe that the information you have requested is more closely connected with the functions
of the Ministry of Foreign Affairs and Trade (MFAT). Accordingly, I have decided to transfer
your request to MFAT under section 14(b)(ii) of the Act.
MFAT has the usual timeframes under the Act from receipt of this transfer to make a decision
on your request.
There are some briefings identified as relevant to your request that are not covered by the
transfer to MFAT. These briefings were provided by DPMC’s Policy Advisory Group to the
Prime Minister of the day. These briefings are provided to the Prime Minister in confidence,
to support him/her as leader of the Government and chair of Cabinet. These briefings are
withheld in their entirety under the following sections of the Act:
section 6(a), likely to prejudice the security or defence of New Zealand or the
international relations of New Zealand.
section 9(2)(f)(iv), to maintain the confidentiality of advice tendered by or to Ministers
and officials
section 9(2)(g)(i), to maintain the effective conduct of public affairs through the free and
frank expression of opinion
In making my decision, I have considered the public interest considerations in section 9(1) of
the Act. No public interest has been identified that would be sufficient to override the reasons
for withholding that information.
You are entitled to ask the Ombudsman to review this response under section 28(3) of the
Act. You can contact the Ombudsman online via the Ombudsman website, by email
([email address]) or by post to The Ombudsman, PO Box 10152, Wellington
6143. Further details can be found on the Ombudsman website at:
www.ombudsman.parliament.nz.
Yours sincerely
Anneliese Parkin
Deputy Chief Executive, Policy
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