Our Reply to Partial Response DOIA-REQ-0032041-Richard Soul RE: OIA CRM:0388006

Thank you for the partial response.

 

This email records that the partial response is received without prejudice to the requester’s position that the request requires a full and properly particularised decision under the Official Information Act 1982.

 

At the outset, I note that your email refers to “15(1)(A)(b) of the Act”. I assume this is intended to refer to section 15A(1)(b) of the Official Information Act 1982. Please confirm.

 

Section 15A(1)(b) permits an extension only where the consultations necessary to make a decision on the request are such that a proper response cannot reasonably be made within the original time limit. The extension must also be for a reasonable period, having regard to the circumstances: s 15A(2).

 

For the avoidance of doubt, I do not accept that a generic reference to “consultations” is sufficient by itself. Please identify:

 

1. what categories of documents remain under consideration;

2. what consultations are said to be necessary;

3. whether those consultations are internal, inter-agency, Ministerial, commercial, or third-party consultations;

4. why those consultations are necessary to make a decision, rather than merely convenient or preferred;

5. which parts of the request remain outstanding;

6. whether any part of the request has been refused, transferred, or narrowed; and

7. whether MBIE holds any documents responsive to each numbered limb of the request.

 

The request concerns matters of public importance: fuel supply security, refinery transition, Crown responsibility, resilience, workforce impact, and the documentary basis for any Crown position that the Marsden Point transition was a commercial decision outside Crown control.

 

The request was deliberately framed to seek existing, identifiable records only. It did not seek explanations, new analysis, or broad collation beyond the categories identified. If MBIE says that any part requires consultation, MBIE is requested to state precisely which document or category of document gives rise to that consultation requirement.

 

Please also ensure that the final response includes a document schedule identifying, for each document or category of document:

 

a. the title or description of the document;

b. the date;

c. the author or agency, where not withheld;

d. whether it is released, released in part, withheld, refused, or transferred;

e. the specific OIA section relied on for any withholding or refusal; and

f. the grounds supporting that reliance, not merely a bare citation of the section.

 

If MBIE withholds information, please provide the reasons and grounds required by section 19 of the Act. Bare reliance on a withholding provision is not sufficient.

 

Please also preserve all records relating to the search, consultation, decision-making, and response process for this request, including any records showing how MBIE identified the documents held, how it decided what fell within scope, and who was consulted before release or withholding.

 

Given the subject matter, I ask that MBIE provide any further documents that can be released immediately on a rolling basis, rather than holding all remaining material until 23 June 2026.

 

Nothing in this email should be taken as accepting the validity or reasonableness of the extension. The requester reserves the right to refer the extension, any delay, any refusal, and the adequacy of search or reasons to the Ombudsman.

 

 

Richard Soul  

For InLandsAirWater Counsel  

CC: Records

On 25 May 2026, at 4:38 PM, Ministerials <[email protected]> wrote:

Tēnā koe Richard

 

Further to our email on Friday 22 May 2026 advising you that the above-referenced OIA was to be extended under 15(1)(A)(b) of the Act, that the consultations necessary to make a decision on your request are such that a proper response cannot reasonably be made within the original time limit, please now find a partial response to your request that we are pleased to provide to you by the original due date.

 

We will provide you with a final response by 23 June 2026.

 

Ngā mihi nui

 

Fuel Response 

Building, Resources and Markets Ministerial Services

Ministry of Business, Innovation and Employment

Hīkina Whakatutuki

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——————- Original Message ——————-
From: Richard Soul <[email protected]>; 
Received: Sun Apr 26 2026 12:24:21 GMT+1200 (New Zealand Standard Time)
To: Ministerial Services Treasury <[email protected]>; Official Correspondence <[email protected]>; OIA <[email protected]>; NZTA <[email protected]>; 
Cc: Tracy Lynch <[email protected]>; 
Subject: OIA

 

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Official Information Act Request – Fuel Supply Decision Authority, Refinery Transition, and Accountability

From: InLandsAirWater Counsel

To: The Treasury / MBIE / Ministry of Transport

Subject: OIA Request – Fuel Supply Decision Authority and Accountability

 
 

Request

This request seeks specific, identifiable records relating to Crown involvement in the transition of Refining NZ (Marsden Point) from refinery operations to an import-based model. This request is limited to existing documents and recorded information only.

1. Decision Authority & Responsibility

Please provide:

• Any documents that identify which agency, Minister, or entity held responsibility for fuel supply security, refinery transition considerations, and national fuel resilience.

• Any records that define or describe the Crown’s role (if any) in refinery operational decisions and transition to an import model.

2. Advice to Ministers

Please provide:

• All briefings, aide-memoires, or reports provided to Ministers between 1 January 2020 and 31 December 2021 relating to Refining NZ, Marsden Point, or fuel supply security.

• Any documents assessing risks of closure or transition of refining capacity, or reliance on fuel imports.

3. Engagement Records

Please provide:

• Records (file notes, emails, minutes) recording engagement between Treasury, MBIE, or Ministers and Refining NZ where the subject includes transition planning, import terminal model, or government coordination.

4. Fuel Security Monitoring

Please provide:

• Any documents confirming how fuel supply levels (stocks, imports, reserves) were monitored or tracked during 2020–2022.

• If no such monitoring exists, any document that records that no monitoring responsibility existed.

5. Transition Planning & Impact

Please provide:

• Any documents relating to workforce transition planning, regional economic impact planning, or coordination with MSD or other agencies arising from refinery changes.

6. Clarification of Crown Position

Please provide:

• Any document that states or explains that refinery closure or transition was a commercial decision outside Crown control.

• Any document that sets out limits of Crown authority or non-intervention policy in this context.

Form of Response

• Please provide documents in electronic format.

• Redactions must clearly identify the specific section of the OIA relied upon.

Statutory Position

This request is intentionally framed to avoid substantial collation (s18(f)), seeks identifiable records only, and enables straightforward retrieval. If any part is unclear, please contact promptly to refine rather than refuse.

 

 

 

<Partial Response DOIA-REQ-0032041-Richard Soul.pdf>