Response – DOIA-REQ-0030892-Richard Soul / CRM:0231818 [IN-CONFIDENCE – RELEASE EXTERNAL]

Subject: OIA Response Challenge – Fuel Supply Logistics Request

 

Mr Ussher,

 

I acknowledge your response of 29 April 2026.

 

Your explanation raises several material issues under the Official Information Act 1982 which require clarification.

 

1. Mischaracterisation of Request Scope

 

You have interpreted the request as being solely for:

 

“fuel shipping movements and tanker logistics”

 

That interpretation is incorrect.

 

The request expressly sought information to verify the basis for fuel supply risk assessments and any associated constraints, which necessarily includes:

 

– decision-making inputs

– analytical frameworks

– risk modelling assumptions

– summary-level logistics data (not necessarily commercially sensitive detail)

 

Collapsing the request into a single category is not consistent with your obligation to respond to the request as made.

 

2. Improper Reliance on Section 9(2)(ba)(i)

 

You rely on confidentiality obligations to withhold the information in full.

 

However:

 

– Section 9 is a withholding provision, not a basis for blanket refusal

– You are required to consider:

 – partial release

 – summarised or aggregated information

 – whether the public interest in disclosure outweighs the need to withhold (s 9(1))

 

No explanation has been provided demonstrating that these steps were undertaken.

 

3. Inconsistency with Section 18(a)

 

You state the request is “effectively refused” under section 18(a).

 

This is inconsistent with your earlier statement that the information:

 

“has been sourced by MBIE from private companies”

 

Accordingly, the information is held by MBIE, and section 18(a) cannot apply.

 

4. Failure to Assist under Section 13

 

If elements of the request engage confidentiality concerns, MBIE is required to assist the requester to refine the request to enable release.

 

No meaningful assistance or refinement pathway has been offered.

 

5. Public Interest Considerations

 

The request relates to:

 

– national fuel security

– supply resilience

– risk assessment frameworks

 

These are matters of clear public importance, particularly given the removal of domestic refining capacity and reliance on imported fuel supply chains.

 

No public interest balancing exercise has been identified in your response.

 

Clarification and Next Steps

 

Please confirm whether MBIE will:

 

1. Reassess the request on its proper scope

2. Identify information capable of release in:

  – summary form

  – aggregated datasets

  – analytical or policy-level documents

3. Provide a reasoned assessment under section 9(1) (public interest test)

4. Clarify the statutory basis relied upon (s 9 vs s 18), as these are not interchangeable

 

If this matter cannot be resolved, it will be referred to the Office of the Ombudsman New Zealand for review.

 

I look forward to your response.

 

Tracy Lynch  

InLandsAirWater Counsel