Level 2
2–12 Al en Street
Wel ington 6011, New Zealand
PO Box 3806, Wel ington 6140
10 February 2023
R Clifford
By email:
[FYI request #21363 email]
Tēnā koe R Clifford
Official information request relating to Creative New Zealand col aboration with We are Indigo Ltd
I refer to your official information request, dated 8 December 2022, for information related to
Creative New Zealand’s collaboration with We Are Indigo Ltd to deliver a new Digital Arts
Commissioning and Capability Service.
We’ve considered your request under the provisions of the Official Information Act 1982 (‘the Act’),
which is based on the principle that information held by government agencies should be made
available on request unless there is good reason for withholding it.
1. A copy of the RFP assessments and rankings for the three tenders in response to the RFP.
In the RFP process, We Are Indigo’s final weighted score from the Evaluation Team was 78 and was
ranked the highest. In addition to receiving the highest final weighted score, We Are Indigo scored
highest across al seven weighted sections.
We are withholding the information relating to the other two tenderers under section 9(2)(b)(ii) of
the Act, where the making available of information would be likely unreasonably to prejudice the
commercial position of the party who supplied or who is subject of the information.
We have proactively released a
summary document outlining the procurement and decision-making
process for our selection of a Digital Arts Commissioning and Capability Service provider. This
document intends to meet the public interest in information about our procurement process and to
provide transparency on how We Are Indigo Ltd was selected as the successful respondent.
2. The detailed minutes or a summary of the discussion of the arts council meeting that
approved the preferred supplier recommendation.
Please find the information you have requested enclosed as
Appendix A. Some information has been
withheld under the fol owing sections of the Act.
• Section 9(2)(a), to protect the privacy of natural persons.
• Section 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.
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3. A copy of the initial business case developed by Oyster Workshop for Creative NZ (ref Business
Case for the establishment of a Digital Arts and Cultural Agency for Aotearoa on GETS.
We are withholding the requested information under section 9(2)(b)(i ) of the Act, where the making
available of information would be likely unreasonably to prejudice the commercial position of the
party who supplied or who is subject of the information.
4. A copy of the final contract or funding agreement with Toi ki Tua. Including al schedules and
appendixes
We are withholding the requested information under section 9(2)(b)(i ) of the Act, where the making
available of the information would be likely unreasonably to prejudice the commercial position of the
party who supplied or who is subject of the information.
A standard Creative New Zealand funding agreement is attached as
Appendix B. An additional
schedule in the funding agreement between Creative New Zealand and Toi ki Tua (Schedule 4:
Special Conditions Of Funding) sets out the fol owing special conditions:
• Business purpose
• Establishing and maintaining relationships with the Arts Sector to inform the programme
• Financial stewardship
• Resource al ocation
• Audience engagement including accessibility, for underserved communities via digital technology
• Agreed programme
• Agreed budget.
5. Details on how Toi ki Tua has proposed to structure their LTD to meet the expectation of the
RFP.
We are withholding the requested information under section 9(2)(b)(i ) of the Act, where the making
available of information would be likely unreasonably to prejudice the commercial position of the
party who supplied or who is subject of the information.
6. How Toi ki Tua / We are Indigo proposed to manage any conflicts of interest including
financial between the business of their subsidiary Toi ki Tua / Parent We are Indigo
The funding agreement between Creative New Zealand and Toi ki Tua includes financial stewardship.
Relevant policies and processes are yet to be confirmed
.
7. Any disclosures We are Indigo or tender partners made regarding their existing interest in NFT
Market Places and NFT creation and marketing.?
We are withholding the information provided in the We Are Indigo proposal under section 9(2)(b)(ii)
of the Act, where the making available of information would be likely unreasonably to prejudice the
commercial position of the party who supplied or who is subject of the information.
8. Creative New Zealand’s current policy on NFT investment using public money.
Creative New Zealand does not have a Non-Fungible Tokens (NFT) policy.
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If you wish to discuss this information request, please get in touch with Pip O’Flaherty, Senior
Adviser, Organisational Performance, via email to:
pip.o’[email address]
You have the right under section 28(3) of the Act to seek an investigation and review by the
Ombudsman of this decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Ngā mihi nui, nā
David Pannett
Pou Whakahaere Matua, Rautaki me te Tūhono
Senior Manager, Strategy & Engagement
Encl
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