Mr Maddison
Email:
[FYI request #19429 email]
MOIA DC 39-2022
Dear Mr Maddison,
Thank you for your email of 23 May 2022, requesting under the Official Information Act 1982
(the Act), the following information (numbering added for clarity):
please can you release the following papers (including the contents of the papers):
[1] 2122-0267 ECLI update
[2] Any papers received since the beginning of January 2022 that make reference to
the ECLI, including any relating to Budget 2022 and the appropriations.
MBIE has not updated the proactive release page since December 2021 so it is unclear
if any paper papers have been received by you in 2022.
With regards to Part One of your request, I have identified the document entitled
Emergency
Caller Location Information (ECLI) Service update and next steps (Ref 2122-0267). I have
decided to withhold this document in full under section 9(2)(f)(iv) of the Act to maintain the
constitutional conventions for the time being which protect the confidentiality of advice
tendered by Ministers of the Crown and officials, as detailed in the attached Document
Schedule.
With regards to Part Two of your request, two documents have been identified as containing
information in scope:
Google indemnity notification to support the Emergency Caller Location Information
(ECLI) Service (Ref 2122-2355)
Digital Economy and Communications Status Report for the week ending April 2022
I note that the
Digital Economy and Communications Status Report for the week ending April
2022 is a report that I receive regularly that provides updates on my Digital Economy and
Communications portfolio from four different agencies. It is my understanding that you are
requesting information that relates to, or is connected to, ECLI. Therefore, while I note that
your request is for the content of papers that make reference to the ECLI, as this report
covers a wide range of unconnected matters, I am providing you an extract of all relevant
information connected to ECLI and consider the rest of the information within the report to be
outside the scope of your request.
Please note that some information within the documentation for release has been withheld
under the following sections of the Act, as detailed in the attached Document Schedule:
9(2)(a)
to protect the privacy of natural persons;
9(2)(b)(ii)
to protect information where the making available of the
information would be likely unreasonably to prejudice the
commercial position of the person who supplied or who is the
subject of the information;
9(2)(ba)(i)
to protect information which is subject to an obligation of
confidence or which any person has been or could be compelled
to provide under the authority of any enactment, where the making
available of the information would be likely to prejudice the supply
of similar information, or information from the same source, and it
is in the public interest that such information should continue to be
supplied;
9(2)(ba)(ii)
to protect information which is subject to an obligation of
confidence or which any person has been or could be compelled
to provide under the authority of any enactment, where the making
available of the information would be likely to damage the public
interest;
9(2)(d)
to avoid prejudice to the substantial economic interests of New
Zealand;
9(2)(f)(iv)
to maintain the constitutional conventions for the time being which
protect the confidentiality of advice tendered by Ministers of the
Crown and officials;
9(2)(g)(i)
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 public service agency or organisation in the
course of their duty;
9(2)(i)
to enable a Minister of the Crown or any public service agency or
organisation holding the information to carry out, without prejudice
or disadvantage, commercial activities;
9(2)(j)
to enable a Minister of the Crown or any public service agency or
organisation holding the information to carry on, without prejudice
or disadvantage, negotiations (including commercial and industrial
negotiations); and
9(2)(k)
to prevent the disclosure or use of official information for improper
gain or improper advantage.
Document Schedule
Doc
Name of Document
Information withheld under
No.
sections
1
Emergency Caller Location Information (ECLI)
Withheld in full under section
Service update and next steps
9(2)(f)(iv) of the Act
(Ref 2122-0267)
2
Google indemnity notification to support the
Some information withheld
Emergency Caller Location Information (ECLI)
under sections 9(2)(a),
Service (Ref 2122-2355)
9(2)(b)(ii), 9(2)(ba)(i),
9(2)(ba)(ii), 9(2)(d), 9(2)(i) and
9(2)(k).
3
Extract of Digital Economy and
Some information withheld
Communications Status Report –for the week
under sections 9(2)(f)(iv) and
ending April 2022
9(2)(g)(i) of the Act
In terms of section 9 of the Act, I do not consider that the withholding of this information is
outweighed by public interest considerations in making the information available.
You have the right under section 28(3) of the Act to request a review by the Ombudsman of
the response to this request. The relevant details can be found at:
https://www.ombudsman.parliament.nz/.
Yours sincerely,
Hon Dr David Clark
Minister for the Digital Economy and Communications