Information around the Plastics Treaty

J McKenzie made this Official Information request to Ministry for the Environment

The request was successful.

From: J McKenzie

To whom it may concern,

I am making a request for information about New Zealand's work on the UNEP ‘Internationally Binding Instrument to End Plastic Pollution’. Please see my four questions around this below, noting the comments where it regards the withholding provisions of the OIA.

Please note, this request has been sent to both the Ministry of Foreign Affairs and Trade, as well as the Ministry for the Environment. It is my understanding that the information requested is held across both Ministries and so should not be refused under s18(g) of the OIA by either.

1) Intersessional consultation,

Where allowed by the OIA (i.e. partial redactions are okay), all records of consultations with New Zealand stakeholders regarding the UN Global Plastics Treaty, including businesses, environmental groups, and other relevant actors, from January, 2022 to the present. Specifically, I am requesting:
- Meeting minutes or summaries
- Consultation reports or feedback summaries
- Stakeholder lists

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

2) NZ negotiating positions/processes.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding relevant consultation approaches, models, or relevant past examples, that may inform the New Zealand Negotiating Team (that is the team as referenced in the International Binding Instrument to End Plastic Pollution Negotiating Mandate, ENV-22-MIN-0038), in their consultation leading up to the fifth Intergovernmental Negotiating Conference (INC-5).

3) Intersessional work with ‘Pacific Small Island Developing States’ (PSIDS),

Where allowed by the OIA (i.e. partial redactions are okay), records of New Zealand’s ongoing collaborations and partnerships with PSIDS related to multilateral environmental issues. Specifically, I am requesting:
Agreements and reports: Documents related to these collaborations, including agreements or reports on joint projects or research initiatives aimed at addressing climate change and environmental challenges, with either specific PSIDS or multiple.

Note: I understand that some information may be withheld due to confidentiality or security reasons. If this is the case, I would appreciate receiving documents with necessary redactions or general summaries.

4) Funding mechanisms in the Pacific.

Where allowed by the OIA (i.e. partial redactions are okay), information that can be provided regarding developed or developing funding mechanisms for waste management in the Pacific region, particularly where it concerns ocean waste/plastics.

This can be provided in summarised points in the interest of avoiding substantial collation or research.

I would appreciate if this request could be completed within the standard time frame of 20 working days, with no extensions. If questions in this request would genuinely require extensions, I am happy to negotiate on narrowing the scope ad hoc.

Thank you in advance,

J McKenzie.

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From: Taku Mahi
Ministry for the Environment

Kia ora J McKenzie,

Thank you for your Official Information Act request received on
25/08/2024.

We will endeavour to respond to your request as soon as possible and in
any event no later than 20 working days after the day your request was
received. If we are unable to respond to your request by then, we will
notify you of an extension to that timeframe.

Please note the Ministry for the Environment will release responses to
selected OIA requests on our [1]OIA responses page shortly after the
response has been sent.

If you have any queries, please feel free to contact us at
[MFE request email].

Please note that this Taku Mahi inbox is not monitored.

Ngâ mihi nui

Ministerial Services Team 

Ministry for the Environment – Manatû Mô Te Taiao

Email: [MFE request email] Website: [2]www.mfe.govt.nz 

8 Willis Street, Wellington Central, Wellington 6011

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From: OIA
Ministry for the Environment


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Tçnâ koe J McKenzie
 
Thank you for your email of 25 August 2024 to the Ministry for the
Environment (MfE) requesting the following information:
 
“I am making a request for information about New Zealand's work on the
UNEP ‘Internationally Binding Instrument to End Plastic Pollution’:

 1. Intersessional consultation,

 1. Where allowed by the OIA (i.e. partial redactions are okay), all
records of consultations with New Zealand stakeholders regarding the
UN Global Plastics Treaty, including businesses, environmental groups,
and other relevant actors, from January, 2022 to the present.
Specifically, I am requesting:

 1. Meeting minutes or summaries
 1. Consultation reports or feedback summaries
 1. Stakeholder lists

 2. Note: I understand that some information may be withheld due to
confidentiality or security reasons. If this is the case, I would
appreciate receiving documents with necessary redactions or general
summaries.

 2. NZ negotiating positions/processes.

 3. Where allowed by the OIA (i.e. partial redactions are okay),
information that can be provided regarding relevant consultation
approaches, models, or relevant past examples, that may inform the New
Zealand Negotiating Team (that is the team as referenced in the
International Binding Instrument to End Plastic Pollution Negotiating
Mandate, ENV-22-MIN-0038), in their consultation leading up to the
fifth Intergovernmental Negotiating Conference (INC-5).

 3. Intersessional work with ‘Pacific Small Island Developing States’
(PSIDS),

 4. Where allowed by the OIA (i.e. partial redactions are okay), records
of New Zealand’s ongoing collaborations and partnerships with PSIDS
related to multilateral environmental issues. Specifically, I am
requesting agreements and reports: Documents related to these
collaborations, including agreements or reports on joint projects or
research initiatives aimed at addressing climate change and
environmental challenges, with either specific PSIDS or multiple.
 4. Note: I understand that some information may be withheld due to
confidentiality or security reasons. If this is the case, I would
appreciate receiving documents with necessary redactions or general
summaries.

 4. Funding mechanisms in the Pacific.

 6. Where allowed by the OIA (i.e. partial redactions are okay),
information that can be provided regarding developed or developing
funding mechanisms for waste management in the Pacific region,
particularly where it concerns ocean waste/plastics.
 6. This can be provided in summarised points in the interest of avoiding
substantial collation or research.”

 
I understand you have also made the same request to the Ministry of
Foreign Affairs and Trade (MFAT).
 
This email is to advise that responding to your request as currently
framed captures a significant volume of information. As such, it is likely
that your request will be refused under section 18(f) of the OIA, as it
would require substantial collation and research in order to respond.
 
Given the substantial information to be considered for your request, the
need for consultation with you on the scope of your request, and the need
for consultations both between agencies and externally, it is highly
unlikely that all information could be provided to you within 20 working
days of your original request.
 
As such, we would be grateful if you could please consider the following:

* Review the publicly available information provided to you, and advise
whether there are any parts of your requests you wish to withdraw;
* Review and confirm your approval of the below proposed refinements to
your request, and provide clarification where requested; and
* Advise what parts of your request you wish to be prioritised for
response first, should there be any delays.

 
Publicly available information
 
Proactively released Cabinet material

* Cabinet Environment Committee paper and minute “International Legally
Binding Instrument to End Plastic Pollution: Negotiating Mandate”
dated 22 September 2022 (ENV-22-MIN-0038):
[1]https://www.mfat.govt.nz/en/media-and-re...
* Cabinet paper and minute “Updated negotiating mandate for an
international treaty on plastic pollution” dated 15 April 2024
(CAB-24-MIN-0126):
[2]https://environment.govt.nz/what-governm...

 
Other helpful information

* MfE’s “Towards an international treaty on plastic pollution” page,
providing information about the plastics pollution treaty negotiations
to-date:
[3]https://environment.govt.nz/what-governm...
* MfE’s “International action” page, providing information about the
multilateral environmental agreements we participate in:
[4]https://environment.govt.nz/what-governm...
* MFAT statement “Aotearoa New Zealand begins negotiations on a UN
treaty to end plastic pollution” dated 29 November 2022:
[5]https://www.mfat.govt.nz/en/media-and-re...
* MFAT statement “Aotearoa New Zealand joins further international
negotiations to end plastic pollution” dated 29 May 2023:
[6]https://www.mfat.govt.nz/en/media-and-re...
* MFAT’s development cooperation partnerships in the Pacific:
[7]https://www.mfat.govt.nz/en/aid-and-deve...
* MFAT’s climate change support:
[8]https://www.mfat.govt.nz/en/aid-and-deve...

* Climate change support for the Pacific:
[9]https://www.mfat.govt.nz/en/aid-and-deve...

 
Proposed refinements
 
Part 1 – Intersessional consultation
Proposed refinement as follows:
 
“List of stakeholders MfE has had targeted engagement with regarding the
UN Global Plastics Treaty on Plastics Pollution in the lead up to the
fifth round of negotiations, between INC-4 in April 2024 and the date of
the request.”
 
Please note that some of the information provided above in the ‘Publicly
available information’ details some of these consultations. You are
encouraged to review these and let us know whether you wish to refine this
part of the request further.
 
Part 2 – New Zealand negotiating positions/processes
It is likely that this part of your request will be refused under section
18(e) of the OIA, as there are no documented consultation processes or
positions that would be in scope of your request. However, this part of
your request could be combined with part 1 of your request, which would
therefore make parts 1 and 2 of your request be for:
 
“Meeting minutes and external emails with stakeholders relating to MfE’s
targeted stakeholder engagement on the UN Global Plastics Treaty on
Plastics Pollution between INC-4 in April 2024 and the date of the
request, in the lead up to INC-5.”
 
You are also referred to the MfE website linked above in the ‘Publicly
available information’ – ‘Proactively released Cabinet material’ section
for the Cabinet paper and minute “Updated negotiating mandate for an
international treaty on plastic pollution” dated 15 April 2024, which is a
more updated Cabinet decision than that referred to in your original
request.
 
Part 3 – Intersessional work with Pacific Small Island Developing States
(PSIDS)
 
Proposed refinement as follows:
 
“Formal briefings created by MFAT primarily relating to consultations with
PSIDS on the UN Global Plastics Treaty on Plastics Pollution between the
lead up to INC-1 and the date of the request, in the lead up to INC-5.”
 
If you wish to refine your request as proposed, please be advised that
your request would be more closely related to the functions of MFAT, and
therefore MfE would be required to transfer this part of your request
under section 14 of the OIA.
 
Both MFAT and MfE lead a lot of work with the Pacific and on Climate
Change more generally. You may wish to refer to the links provided above
in the ‘Publicly available information’ – ‘Other helpful information’
section.
 
Part 4 – Funding mechanisms in the Pacific
 
Proposed refinement as follows:
 
“Current funding mechanisms for waste management in the Pacific region
developed or under development by MFAT or MfE in relation to the UNEP
Plastics Pollution Treaty Negotiations.”
 
If you wish to refine your request as proposed, please be advised that
your request would be more closely related to the functions of MFAT, and
therefore MfE would be required to transfer this part of your request
under section 14 of the OIA.
 
You may wish to refer to the MFAT website pages linked above in the
‘Publicly available information’ – ‘Other helpful information’ section for
information on MFAT’s development cooperation partnerships in the Pacific
region and climate change support for the Pacific for information that may
cover parts of this request.
 
Action required
 
Please confirm if you are happy to proceed with the refined requests as
above, by Monday 2 September 2024. If we do not hear from you, we will
proceed with your original request.
 
Please note, any clarification or amendment of a request is considered to
be a new request for the purpose of calculating the maximum statutory
timeframe for response (section 15(1AA) of the OIA refers).
 
You have the right to seek an investigation and review by the Ombudsman of
this decision by contacting [10]www.ombudsman.parliament.nz or freephone
0800 802 602.
 
Nâku noa, nâ
 
 

Ashleigh Watson [11](she/her) 
Senior Advisor | Kaitohutohu Matua 
Ministerial Services 
Office of the Chief Executive | Te Rôpû Tumu Whakarae 
Ministry for the Environment | Manatû Mô Te Taiao 
[12][email address] |[13]environment.govt.nz 
Ministry staff work flexibly by default. For me, this means I work from
the office on Tuesdays.

[14][IMG] [15][IMG] [16][IMG] [17][IMG] [18][IMG]

 
 
 

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From: J McKenzie

Kia ora Ministerial Services MfE,

Thank you for your response to my request, and the enclosed recommendations.

I have reviewed your advice, including publicly available information as well as proposed refinements to my request, and come to the following new/updated request. See the 3 questions as proposed as follows, with some minor wording changes.

Part 1
“Stakeholder lists, as well as meeting minutes and external emails with stakeholders relating to MfE’s targeted stakeholder engagement on the UN Global Plastics Treaty on Plastics Pollution between INC-4 in April 2024 and the date of the request, in the lead up to INC-5.”

Part 2
“Formal briefings created by MFAT primarily relating to consultations with PSIDS on the UN Global Plastics Treaty on Plastics Pollution between the lead up to INC-3 and the date of the request, in the lead up to INC-5.”

Part 3
“Current funding mechanisms for waste management in the Pacific region developed in the last 5 years or under development by MFAT or MfE in relation but not exclusively to the UNEP Plastics Pollution Treaty Negotiations.”

I understand you will be referring P2 and P3 to MFAT to respond to under s14 of the OIA, which is fine.

In responding to P1, I would like to reiterate that the nature of this request is time-sensitive for me. I would appreciate it if this is taken as the final version with no further clarifications or amendments made beyond this communication on 1/9/2024.

As stated in my first request, It is fine for discretion to be used by MfE around any withholding or interpretation of the scope, within the spirit of the questions.

Please note, with the reduced scope and extraministerial referral of this request, I ewould appreciate it if this new/updated request is completed within 20 working days of today 1/9/2024, not necessarily 20 working days of my original request.

Thank you in advance for all efforts in completing this Official Information request,

J McKenzie

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From: OIA
Ministry for the Environment


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Tçnâ koe J McKenzie,

 

Thank you for your email dated 1 September 2024 to the Ministry for the
Environment (the Ministry) refining your request for information under the
Official Information Act 1982 (the Act) to be for the following:

 

1.                     Stakeholder lists, as well as meeting minutes and
external emails with stakeholders relating to MfE’s targeted stakeholder
engagement on the UN Global Plastics Treaty on Plastics Pollution between
INC-4 in April 2024 and the date of the request, in the lead up to INC-5

2.                     Formal briefings created by MFAT primarily relating
to consultations with PSIDS on the UN Global Plastics Treaty on Plastics
Pollution between the lead up to INC-3 and the date of the request, in the
lead up to INC-5.

3.                     Current funding mechanisms for waste management in
the Pacific region developed in the last 5 years or under development by
MFAT or MfE in relation but not exclusively to the UNEP Plastics Pollution
Treaty Negotiations.

 

As mentioned in our email seeking clarification of your request, the
Ministry has transferred part 2 of your request to the Ministry of Foreign
Affairs and Trade (MFAT) because the information to which part 2 of your
request relates is not held by the Ministry and is believed to be more
closely connected with the functions of MFAT.

 

In these circumstances, we are required by section 14 of the Act to
transfer your request. You will therefore hear from MFAT directly
concerning that part of your request.

 

You have the right to seek an investigation and review by the Ombudsman of
our decision to transfer. Information about how to make a complaint is
available at ombudsman.parliament.nz or Freephone 0800 802 602. 

 

Nâku noa, nâ

 

+------------------------------------------------------------------------+
|Ashleigh Watson [1](she/her)  |
|Senior Advisor | Kaitohutohu Matua  |
|Ministerial Services  |
|Office of the Chief Executive | Te Rôpû Tumu Whakarae  |
| |
|Ministry for the Environment | Manatû Mô Te Taiao  |
| |
|027 416 5034 | [2][email address] |[3]environment.govt.nz  |
| |
|Ministry staff work flexibly by default. For me, this means I work from |
|the office on Tuesdays. |
| |
| [4][IMG] [5][IMG] [6][IMG] [7][IMG] [8][IMG]|
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5. https://www.instagram.com/environmentgov...
6. https://www.linkedin.com/company/environ...
7. https://youtube.com/environmentgvnz
8. https://twitter.com/environmentgvnz

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From: OIA
Ministry for the Environment


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Kia ora J McKenzie,

 

Please find attached the Ministry’s response to your request for
information.

 

Ngâ mihi nui

 

+------------------------------------------------------------------------+
|Ashleigh Watson [1](she/her)  |
|Senior Advisor | Kaitohutohu Matua  |
|Ministerial Services  |
|Office of the Chief Executive | Te Rôpû Tumu Whakarae  |
| |
|Ministry for the Environment | Manatû Mô Te Taiao  |
| |
|[2][email address] |[3]environment.govt.nz  |
| |
|Ministry staff work flexibly by default. For me, this means I work from |
|the office on Tuesdays. |
| |
| [4][IMG] [5][IMG] [6][IMG] [7][IMG] [8][IMG]|
+------------------------------------------------------------------------+

 

 

References

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2. mailto:[email address]
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4. https://www.facebook.com/environmentgovtnz
5. https://www.instagram.com/environmentgov...
6. https://www.linkedin.com/company/environ...
7. https://youtube.com/environmentgvnz
8. https://twitter.com/environmentgvnz

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