Official Information Act request – ETS carbon units non-payment / delay

 Greetings,

 This request is made under the Official Information Act 1982.

 We seek information held by Treasury relating to the non-payment, delay, or impairment of ETS carbon units (NZUs) administered by the Ministry for Primary Industries (MPI), insofar as this engages Treasury’s public finance, fiscal risk, or contingent liability responsibilities.

Please provide the following information:

1. Whether Treasury has been notified by MPI of any delay, suspension, withholding, or dispute relating to ETS carbon units or associated payments affecting land or assets administered through MPI.

2. Any records held by Treasury evidencing:

   – a decision not to pay,

   – a decision to defer payment,

   – a decision to impair, cap, or suspend value,

   in relation to ETS carbon units administered by MPI.

3. If payment has not been made or has been deferred, please identify:

   – the decision-maker,

   – the statutory, fiscal, or contractual authority relied upon,

   – the date the decision was made.

4. Whether Treasury considers delayed or impaired ETS carbon units to constitute:

   – a contingent liability,

   – a fiscal risk,

   – or an insurable event,

   and where any such assessment is recorded.

5. Whether Treasury has assessed or recorded any exposure arising from:

   – administrative delay by MPI

   – potential fiduciary breach,

   – or loss of value attributable to Crown agency inaction.

If any part of this request is transferred or refused, please specify the precise statutory grounds relied upon.

Thank you for your response dated 26 February 2026.

I acknowledge your reliance on section 18(f) and your earlier attempts to seek refinement.

For clarity, my request is not identical to the “similar OIA” you refer to. My request concerns whether Treasury has recorded or assessed fiscal exposure arising specifically from delay, impairment, or non-payment of ETS NZUs administered by MPI.

To assist, I refine the scope of my request as follows:

Please provide, limited to the period 1 January 2024 to present:

1. Any briefings, reports, aide-mémoires, or advice to the Minister of Finance referring to:

• delay, suspension, or impairment of ETS NZUs administered by MPI;

• fiscal risk or contingent liability associated with ETS unit administration.

2. Any entries in Treasury’s Fiscal Risk Register or equivalent internal risk documentation referring to ETS NZU delay, impairment, or Crown exposure arising from MPI administrative action or inaction.

3. Confirmation (yes/no only) as to whether Treasury has received notification from MPI of any ETS-related payment delay or impairment affecting land or asset holders.

This refinement is intended to remove the need for broad manual collation and limit the request to identifiable fiscal risk or ministerial advice records.

If any part of this remains problematic, I invite further clarification to enable a focused response.

Kind regards