The Climate Change (Eligible Industrial Activities) Amendment Regulations

Simon Johnson made this Official Information request to Ministry for the Environment

The request was successful.

From: Simon Johnson

Dear Ministry for the Environment,

I have previously been corresponding with Josh Bibby about some official information (a request via email of 2 May 2016 which was responded to on 17 June 2016). Please pass on my thanks to Josh for his assistance.

I have some more related requests for information which I have chosen to communicate via the For Your Information website.

Please may I be provided with a copy of these documents:

1. Cabinet Growth & Infrastructure committee decision [EGI Min (12)27/9] dated 3/12/2012.

2. Cabinet Growth & Infrastructure committee decision [EGI Min (15) 3/4] dated 2/03/2015.

3. The respective cabinet papers and the Ministry for the Environment's advice to the Minister for these two regulations:

3.a) The Climate Change (Eligible Industrial Activities) Amendment Regulations 2013 (LI 2013/45), dated 25 March 2013, url; http://www.legislation.govt.nz/regulatio...

3.b) The Climate Change (Eligible Industrial Activities) Amendment Regulations 2014 (LI 2014/124), dated 14 April 2014, url; http://www.legislation.govt.nz/regulatio...

Yours faithfully,

Simon Johnson

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From: Ministerials
Ministry for the Environment

Dear Mr Johnson

 

On behalf of the Ministry for the Environment, I am acknowledging your
email of 18 August 2016  in which you have requested, under the Official
Information Act 1982 (OIA):

 

Please may I be provided with a copy of these documents:

 

1. Cabinet Growth & Infrastructure committee decision [EGI Min (12)27/9]
dated 3/12/2012.

 

2. Cabinet Growth & Infrastructure committee decision [EGI Min (15) 3/4]
dated 2/03/2015.

 

3. The respective cabinet papers and the Ministry for the Environment's
advice to the Minister for  these two regulations:

 

3.a) The Climate Change (Eligible Industrial Activities) Amendment
Regulations 2013 (LI 2013/45), dated 25 March 2013, url;
http://www.legislation.govt.nz/regulatio...

 

3.b) The Climate Change (Eligible Industrial Activities) Amendment
Regulations 2014 (LI 2014/124), dated 14 April 2014, url;
http://www.legislation.govt.nz/regulatio...

 

Your request is more closely connected with the functions and
responsibilities of the Minister for Climate Change Issues and is
therefore being transferred in accordance with section 14(b)(ii) of the
OIA. The Minister’s office has been informed of this transfer and will
provide a response to your request.

 

Kind regards

 

Josh Bibby  – Adviser, Executive Relations

Ministry for the Environment – Manatu Mo Te Taiao

DDI: 04 439 7688 Website: www.mfe.govt.nz

23 Kate Sheppard Place, PO Box 10362, Wellington 6143

 

 Please consider the environment before printing this email

 

 

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From: Simon Johnson

Dear Ministerials,
Thanks Josh!
Yours sincerely,

Simon Johnson

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From: Lewis Stevens

Dear Mr Johnson,

 

In accordance with section 15A of the OIA,  and on behalf of the Minister
I am extending the deadline for response for this request.  This is
because consultations necessary to make a decision on the request are such
that a proper response to the request cannot reasonably be made within the
original time limit.

 

The extension will be for 10 working days. You can expect a reply on or 
before 28 September 2016.  We will endeavour to provide you with the
information sooner if we possibly can.  

 

Under section 28(3) of the OIA, you have the right to ask the Ombudsman to
review my decision to extend the deadline for response to your request.

 

Kind regards,

 

Lewis Stevens

 

Lewis Stevens | Private Secretary, Climate Change

Office of Hon Paula Bennett

Minister for Climate Change Issues

 

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Simon Johnson left an annotation ()

On 8 September 2016, the Minister's office extended the deadline under S 15A of the OIA due to the need for 'consultation'. Expected response is now 28 September 2016.

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From: Simon Johnson

Dear Lewis Stevens,
On the basis of your last communication, I was expecting a reply and some information today the 28th September 2016. I hope you are still intending to provide me some information within the deadline you advised to me.

Yours sincerely,

Simon Johnson

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From: Simon Johnson

Dear Lewis Stevens,
I last sent you a message on Wednesday 28 September 2016, the day you had advised me would be the new deadline under the extended timeframe for reply. I asked if you were going to reply within that deadline. More than a week has elapsed since then. If I do not receive a reply by 5:00 P.M. Monday 10 October 2016, I will refer the matter to the Office of the Ombudsmen
Yours sincerely,

Simon Johnson

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From: Lewis Stevens

Dear Mr Johnson,

Apologies for the delay in getting your response to you. We are working to get it to you as soon as possible.

Kind regards,

Lewis Stevens

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Simon Johnson left an annotation ()

I have complained to the Ombudsman about the lack of a response within the extended time limit.

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This message has been hidden. There are various reasons why we might have done this, sorry we can't be more specific here. Please contact us if you have any questions. If you are the requester, then you may sign in to view the message.

From: FYI.org.nz Administrator


Attachment Letter from Hon Paula Bennett 17 10 2016 signed.pdf
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Attachment Released under the Official Information Act.pdf
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[Response with personal email address redacted.  Original email
received October 17, 2016 is below. -- FYI admin]

Dear Mr Johnson,
 
I am writing to follow up on a request you made under the Official
Information Act. I sent out the response on Monday 10 October, but
unfortunately to the email address used in one of your earlier requests.
 
I have attached the response here, apologies for any inconvenience this
may have caused.
 
Kind regards,
 
Lewis Stevens
 
Lewis Stevens | Private Secretary, Climate Change
Office of Hon Paula Bennett
Minister for Climate Change Issues

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Simon Johnson left an annotation ()

These documents are either Ministry for the Environment briefing papers or Cabinet minutes which show that New Zealand Aluminium Smelters Limited has a "bespoke" arrangement for calculating its free allocation of units under the NZ emissions trading scheme. The calculation of the amount of units to reflect electricity cost increases caused by the NZ emissions trading scheme is revisited annually. Of particular note is Document 6, "MfE advice/briefing note 14-B-00449", dated 28/03/2014, 4 pages, and Document 7, "The 2014 NZAS regulation update LEG paper", dated 9/04/2014. These document an increase in the 2013 final allocative baseline to 10.441 emission units per tonne of aluminium produced. The original allocative baseline was 2.556 in 2010. In places, the precise share of the calculated allocative baseline relating to ETS electricity pass-through costs, in number of units per megawatt hour, has been redacted (See Document 2, paragraph 3).

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