PO Box 14001
Christchurch 8544
New Zealand
Telephone (+64 3) 358 5029
christchurchairport.co.nz
28 August 2023
Laurie Stephenson
Email: [FYI request #23653 email]
Tēnā koe Laurie,
OFFICIAL INFORMATION ACT 1982 (OIA) – REQUESTS FOR INFORMATION -
CHRISTCHURCH INTERNATIONAL AIRPORT LIMITED (CIAL)
1.
We write further to our email of 2 August 2023, acknowledging receipt of your OIA
request of 1 August 2023 seeking the following information (if held by CIAL) in relation
to the proposed Central Otago airport project:
Request: Received 1 August – Board papers and minutes relating to Tarras
Airport
“Could I please have an electronic copy of all board papers and minutes relating to the
proposed development of Central Otago Airport”
2.
With respect to your request, our Board papers and minutes are subject to the
commercial activities provisions of the OIA (discussed in more detail below) and/or
the free and frank expressions of opinions provisions of the OIA (s9(2)(g)(i)).
Accordingly, we are refusing your request on this basis.
3.
The OIA permits an organisation to refuse to release requested information it holds if
the withholding of such information is necessary to enable the organisation to carry
out its commercial activities or negotiations without prejudice or disadvantage (s 9(i)
and s9(j) OIA) provided that such withholding is not outweighed in the circumstances
by the public interest in making the specific information available. For example, while
it may be in the public interest to understand that CIAL is investigating the feasibility
of establishing an airport in Central Otago that does not mean CIAL must share every
detail of its analysis, work or negotiations within specific work streams.
4.
At present CIAL is under no legal obligation to consult in relation to the Project. To
assist public understanding of the context of the Project and CIAL’s decisions, CIAL
has committed to, and does, proactively publish information as it completes pieces of
work which is likely to be in the public interest to receive on its dedicated Project web-
site at
https://www.centralotagoairport.co.nz/. Until work is completed, it is not
capable of being released. Over time this will see more information voluntarily
released. In such instances the public interest test will have been considered and
weighed up as part of the decision whether to release information or not. Equally,
each OIA query CIAL receives will be assessed on a case by case basis given the
particular given facts and circumstances at play at that time.
5.
CIAL is a council-controlled trading organisation that has been specifically established
to operate and manage its business as an independent commercial undertaking for
the purposes of making a profit, and to follow generally accepted commercial practices
and disciplines. CIAL is not a public body collecting and spending public funds. It
operates as a wholly commercial, standalone entity. Due to the size and scale of those
activities it is one of only three major airports in New Zealand regulated under Part 4
of the Commerce Act.
6.
As an airport CIAL has a further overriding obligation under the Airport Authorities Act
to act as a commercial undertaking. It does so in a commercially competitive
environment both domestically and internationally, where its competitors are not
under corresponding disclosure requirements. The proposed Central Otago airport
project is a complex commercial activity, acknowledged as being in competition with
the interests of other airports within New Zealand.
7.
We trust we have answered your requests for information. If you require any further
information or we have in some way misinterpreted your requests, please let us know.
8.
You have the right to seek an investigation and review by the Ombudsman of the
decisions contained in this letter. Information about how to contact the Ombudsman
or make a complaint is available at www.ombudsman.parliament.nz or freephone
0800 802 602.
Yours sincerely
CIAL LEGAL TEAM
Email: [Christchurch International Airport Limited request email]
