Final response

The is the final response to my request from MED, sent to me at 17:16, 21/7/08
Attached was a 4+MB PDF consisting of scanned images of photocopied pages with redactions and hand-written notes indicating which section of the Act the information had been withheld under. Even the letter was a scanned image PDF 257KB.

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21 July 2008

Mark Harris
Director
Technology Research and Consultancy Services Ltd

Dear Mr Harris

OFFICIAL INFORMATION ACT REQUEST: ANTI-COUNTERFEITING TRADE AGREEMENT

You have requested, in an email dated 8 June 2008 to the Ministry, "any and all information that the Ministry holds" on the proposed Anti-Counterfeiting? Trade Agreement, "including (but not limited to) any draft proposals, any emails, letters, memoranda or other communications, and any documents received or created by the Ministry that have regard to this matter, especially documents regarding advice given to the Minister".

You also requested "the names and contact details of any and all officials who have been involved in any international meetings, negotiations, conferences or other gatherings with reference to the development of this agreement, and supply copies of their trip reports, diary notes or other records that they may have made regarding these gatherings".

The countries participating in the development of ACTA have agreed that general information about ACTA's objectives and the negotiating process should be made public. In that regard, MED has provided a range of relevant information about ACTA on its website. However, ACTA participants have also agreed that information relating to formal negotiating positions of governments should be protected, as is the standard practice in international treaty negotiations. It is in this context that we are unable to reiease many of the items you request.

Documents that fall within your request are listed below. Note that where documents have been withheld under section 6(a) of the of the Official Information Act 1982, this is because the making available of that information would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand.

Where documents have been withheld under 6(b)(i) of the Official Information Act 1982, this is because the making available of that information would be likely to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of any other country or any agency of such a government.

Where documents have been withheld under section 9(2)(a) of the Official Information Act 1982, this is necessary to protect the privacy of natural persons and, in the circumstances of the particular case, the withholding of that information is not outweighed by other considerations which render it desirable, in the public interest, to make that information available.

Where documents have been withheld under Section 9(2)(g)(i), this is necessary to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between or to Ministers of the Crown (or members of an organisation) or officers and employees of any Department or organisation in the course of their duty, and, in the circumstances of the particular case, the withholding of that information is not outweighed by other considerations which render it desirable, in the public interest, to make that information available.

Where documents have been withheld under section 9(2)(j) of the Official Information Act 1982, this is necessary to enable a Minister of the Crown or any department or organisation holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) and, in the circumstances of the particular case, the withholding of that information is not outweighed by other considerations which render it desirable, in the public interest, to make that information available.

To date, there have been four pre-negotiation meetings, the first on 4 October 2007, the second on 4 and 5 December 2007, the third on 29 and 30 January 2008 and the fourth . on 11 and 12 March 2008. The first negotiation meeting was held on 3 and 4 June 2008 in Geneva.

1 Cable from the New Zealand Embassy in Washington dated 2 August 2007.
This document is withheld under s6(b)(i).

2 Cable from the New Zealand Embassy in Tokyo dated 9 August 2007.
This document is withheld under s6(b)(i).

3 Emails (7) dated between 6 August 2007 to 13 August 2007 between MED, MFAT and New Zealand Embassy Tokyo.
This document is withheld under s9(2)(g)(i).

4 Emails (3) dated between 9 August 2007 and 13 August 2007 between MFAT and US officials.
This document is withheld under s6(b)(i).

5 Cable from the New Zealand Embassy in Tokyo dated 13 August 2007.
This document is withheld under s6(b)(i).

6 Emails (2) dated 24 August 2007.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

7 Emails dated 24 August 2007 from MFAT.
This document is withheld under s6(b)(i)

8 Cable from the New Zealand Embassy in Tokyo dated 28 August 2007.
This document is withheld under s6(b)(i).

9 Internal Document re: Customs' comments on discussion document.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

10 Cable from the New Zealand High Commission in Canberra dated 30 August 2007.
This document is withheld under s6(b)(i).

11 Email dated 30 August 2007 from MED.
This document is withheld under s9(2)(g)(i).

12 Cable from Ottawa dated 30 August 2007.
This document is withheld under s6(b)(i).

13 Facsimile from MFAT dated 30 August 2007.
This document is withheld under s6(b)(i).

14 Cable from the New Zealand Embassy in Seoul dated 4 September 2007.
This document is withheld under s6(b)(i).

15 Briefing for Minister of Trade on ACTA for APEC Summit dated September 2007.
This document is attached; 163.27KB part of this document is being withheld under s6(a), s6(b)(i) and s9(2)(g)(i).

16 Cable from the New Zealand Embassy in Berlin dated 5 September 2007.
This document is withheld under s6(b)(i).

17 Cable from the New Zealand Embassy in Washington dated 6 September 2007.
This document is withheld s6(b)(i) and s9(2)(g)(i).

18 Cable from the New Zealand High Commission in Singapore dated 10 September 2007.
This document is withheld under s6(b)(i).

19 Report to the Ministers of Customs, Trade, Commerce and Associate Commerce seeking approval to participate in the preliminary discussions around the proposed development of ACTA.
This document is attached. 695.46KB Part of this document is being withheld under s6(a), s6(b)(i), s9(2)(a) and s9(2)(g)(i).

20 Cable from the New Zealand Embassy in Mexico dated 14 September 2007.
This document is withheld under s6(b)(i).

21 Cable from the New Zealand Embassy in Washington dated 25 September 2007.
This document is withheld under s6(b)(i).

22 Cable from the New Zealand Embassy in Tokyo dated 25 September 2007.
This document is withheld under s6(b)(i).

23 Cable from Ministry of Foreign Affairs and Trade dated 25 September 2007.
This document is withheld under s9(2)(g)(i).

24 Emails (3) dated between 25 and 27 September 2007.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

25 Cable from New Zealand High Commission in Singapore dated 28 September 2007.
This document is withheld under s6(b)(i).

26 Delegation briefing for pre-negotiation meeting.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

27 Cable from Ministry of Foreign Affairs and Trade dated 28 September 2007.
This document is withheld under s9(2)(g)(i).

28 Cable from the New Zealand Embassy in Riyadh dated 29 September 2007.
This document is withheld under s6(b)(i).

29 Cable from the New Zealand Embassy in Seoul dated 2 October 2007.
This document is withheld under s6(b)(i).

30 Email dated 10 October 2007.
This document is withheld under s6(b)(i).

31 Email dated 2 October 2007 from MFAT.
This document is withheld under s6(b)(i).

32 Briefing and emails (4) dated 18 and 19 October between MFAT and US officials.
This document is attached. 171.29KB The emails are withheld under s6(a) and s9(2)((g)(i).

33 Cable from the New Zealand Embassy in Washington dated 23 October 2007.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

34 Emails (4) dated between12 and 15 October 2007 between MFAT and US Officials.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

35 Email dated 13 October 2007 from the New Zealand Embassy in Washington.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

36 Email dated 15 October 2007 to MFAT.
This document is attached; 279.53KB parts of the document are withheld under s9(2)(a).

37 Emails (2) dated 15 October 2007 from MFAT..
This document is withheld under s6(b)(i) and s9(2)(g)(i).

38 Cable from the New Zealand Embassy in Brussels dated 23 October 2007.
This document is attached; 148.34KB parts of the documents are withheld under s9(2)(a).

39 Emails dated 24 and 25 October 2007.
This document is attached; 188.67KB parts of this document are withheld under s9(2)(a) and s9(2)(g)(i).

40 Emails (3) dated 30 and 31 October 2007.
This document is withheld under s9(2)(g)(i).

41 Cable from the New Zealand Embassy in Berlin dated 6 November 2007.
This document is withheld under s6(b)(i).

42 Email from MFAT dated 12 November 2007.
This document is withheld under s6(b)(i).

43 Emails (3) dated 23 November 2007.
This document is withheld under s6(b)(i).

44 Email dated 22 November 2008.
This document is withheld under s6(b)(i).


45 Report to Associate Minister of Commerce, Minister of Trade, Minister of Customs and Minister of Commerce updating on outcome of pre-negotiation meeting.
This document is attached. 507.34KB Parts of this document have been withheld under s6(b)(i), s9(2)(a) and s9(2)(g)(i)).

46 Emails (2) dated 26 and 27 November 2007.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

47 Emails (3) dated between 22 and 27 November 2007.
This document is withheld under s6(b)(i).

48 Emails (3) dated 27 November 2007.
This document is withheld under s6(b)(i).

49 Emails (2) dated 28 November 2007.
This document is withheld under s6(b)(i).

50 Briefing for officials for second pre-negotiation meeting.
This document is withheld under s6(b)(i).


51 Statement dated 23 October 2007 from Japan Minister on ACTA.
This document is attached. 62.13KB

52 Powerpoint slides from second pre-negotiation meeting.
This document is withheld under s6(b)(i).


53 ACTA media lines from second pre-negotiation meeting.
This document is attached. 47.16KB

54 Cable from New Zealand Permanent Mission to the WTO in Geneva dated 13 December 2007 on second pre-negotiation meeting.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

55 Email dated 9 January 2008 to MFAT.
This document is withheld under s6(b)(i)) and s9(2)(g)(i).

56 Email dated 25 January 2008 to Customs and MFAT.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

57 Emails dated 22 and 23 January 2008.
This document is withheld under s6(b)(i).

58 Email dated 23 January 2008 from MFAT.
This document is withheld under s6(b)(i).

59 Email dated 5 February 2008.
This document is withheld under s6(b)(i).

60 Cable from New Zealand Permanent Mission to the WTO in Geneva dated 5 February 2008.
This document is withheld under s6(b)(i).

61 Email dated 16 February 2008. See US Federal Register / Vol. 73, No. 32, Friday February 15 2008 / Notices. This document was not delivered and, while I have visited the Federal Register, it is difficult to see what exactly it refers to.

62 Email dated 18 February 2008 to Customs and MFAT.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

63 Email dated 28 February 2008.
This document is withheld under s6(a) and s6(b)(i).

64 Email dated 6 March 2008.
This document is withheld under s6(b)(i).

65 Email dated 10 March 2008 to MFAT.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

66 Email dated 10 March 2008.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

67 Cable from Ministry of Foreign Affairs and Trade dated 17 March 2008 on fourth pre-negotiation meeting.
This document is withheld under s6(b)(i).

68 Email dated 18 March 2008.
This document is withheld under s6(b)(i).


69 Emails (2) dated 20 March 2008 between MED and MFAT.
This document is attached; 120.11KB parts of the document are withheld under s9(2)(a).

70 Cable from the New Zealand Embassy in Tokyo dated 20 March 2008.
This document is withheld under s6(b)(i).

71 Email dated 21 March 2008.
This document is withheld under s6(b)(i).

72 Email dated 24 March 2008.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

73 Emails (2) dated 20 and 25 March 2008.
This document is withheld under s9(2)(g)(i).

74 Email dated 26 March 2008 from Ministry of Health.
This document is withheld under s9(2)(g)(i).

75 Email dated 27 March 2008 from MFAT.
This document is withheld under s6(b)(i) and s9(2)(g)(i).


76 Cabinet paper seeking approval to participate in ACTA negotiations and including report to Ministers seeking approval to submit the paper to Cabinet.
This document is attached. 3.28KB Parts of this paper are withheld under s6(a), s6(b)(i), s9(2)(j)ands9(2)(g)(i).

77 Email dated 28 March 2008 from Customs.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

78 Email dated 3 April 2008.
This document is withheld under s6(b)(i).

79 Emails (3) dated 9 April 2008 between MFAT and MED.
This document is withheld under s6(b)(i) and s9(2)(g)(i).

80 Email dated 12 April 2008.
This document is withheld under s6(b)(i).

81 Email dated 1 May 2008.
This document is withheld under s6(b)(i).


82 Report to Minister of Customs, Associate Minister of Commerce, Minister of Trade, Minister of Commerce and Minister of Foreign Affairs on the interface between ACTA and protection of traditional knowledge and attaching amended Cabinet paper.
This document is attached. 1.03MB Parts of the Cabinet paper are withheld under s6(a), s6(b)(i), s9(2)(a), s9(2)« and s9(2)(g)(i).

83 Email dated 13 May 2008.
This document is withheld under s6(b)(i).

84 Japan/US discussion text on border measures dated 20 May 2008.
This document is withheld under s6(b)(i).

85 Email dated 21 May 2008.
This document is withheld under s6(b)(i).

86 Email dated 28 May 2008.
This document is withheld under s6(b)(i).


87 Email dated 29 May 2008 from MFAT.
This document is attached;55KB parts of the document are withheld under s9(2)(a).

88 Email dated 30 May 2008.
This document is withheld under s6(b)(i).

89 Email dated 5 June 2008.
This document is withheld under s6(b)(i).

90 Email dated 5 June 2008.
This document is withheld under s6(b)(i).

91 Cable from the New Zealand Permanent Mission to the WTO in Geneva dated 5 June 2008.
This document is withheld under s6(b)(i).

You have the right by way of complaint under section 28(3) of the Official Information Act 1982 to an Ombudsman, to seek an investigation and review of my refusal to release the information referred to above.

If you have any questions relating to the documents listed above, please contact me at (contact detail redacted by me but available on request).


Yours sincerely

(signed)

Bronwyn Turley
Manager, Intellectual Property Policy
Competition Trade & Investment Branch

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