OIA Res ponse Letter
5 September 2023
Thomas Willson
By email only:
[FYI request #23741 email]
Dear Thomas
Official Information Act #23.028 - Response
1.
We refer to your request received on 8 August 2023 for information about the
Commerce Commission’s (the Commission) progress as measured by the Statement
of Intent (SOI) and Statement of Performance Expectations (SPE). Specifically, you
requested the following:
1.1
Please detail your progress against each measure in your SPE for 2022/23.
1.2
Please provide your current SPE and previous SPE and detail the specific
differences between the two including specific detail of any changes in
measures or new measures.
1.3
Please provide all documentation and all correspondence in the past 12
months that demonstrate and detail the progress made on key priorities
defined in your current SOI.
1.4
Please advise the number of staff employed on a full-time basis for each year
covered over your last two SOIs (10 years?) and how these numbers support
you SOI’s goals or priorities over that period and if your SOIs resulted in an
increase in staff.
1.5
Please provide detail of your budget figures for the years covered by current
and previous SOIs and explain major increases or decreases in budget over
that period including how these align with your SOI’s priorities/goals.
1.6
For the period of your current and previous SOI’s what has been your spend
broken, down by department or business unit by year.
1.7
What organisational changes such as restructures have occurred in the
periods covered by you last two SOIs, provide documentation relating to
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organisation changes, consultations, ministerial advice, briefing documents,
plans, feedback/responses.
2.
We have treated this as a request for information under the Official Information Act
1982 (OIA).
3.
On 16 August 2023 we sought to clarify your request. We did not receive a response
to our correspondence.
Our response
4.
We have decided to grant your request, in part.
Statement of Performance Expectations 2022/23 progress
5.
We are refusing question [1.1] under section 18(d) of the OIA because the
information requested is or will soon be publicly available. The Commission’s Annual
Report is due to be published by 15 November 2023 and this will detail our progress
against each measure in the Commission’s SPE for 2022/23.
Differences between the current Statement of Performance Expectations and previous
Statement of Performance Expectations
6.
The Commission’s current SPE for 2023-24 can be f
ound here. The Commission’s
previous SPE for 2022-23 can be f
ound here.
7.
The main difference outside of the material changes is the introduction of an
Outcomes Framework (refer to pages 19 to 25) of th
e current SOI.
8.
Total budget figures for the financial years ended 30 June 2018 to 30 June 2024 are
in the table below, along with an explanation of material changes (for instance, a
new regulatory function). For further details we refer you to each year’s SPE and
Annual Report.
Year End
Budget
Explanation for material changes
($m)
30-Jun-18
$45.8
-
30-Jun-19
53.2
Introduction of funding to set Input Methodologies for Fibre
Regulation under amendments to the Telecommunications Act,
additional funding for Commerce Act Amendments, funding for
Competition Studies ("Market Studies") function.
30-Jun-20
59.5
Credit Law Reform additional funding
30-Jun-21
66.7
Additional funding to strengthen the impact of the Commerce
Commission and address pressures on the Commission due to
additional demand (increase phased over four years)
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30-Jun-22
83.9
Additional funding to strengthen impact of the Commission and
ongoing funding for Fibre Regulation, Fuel enforcement
function, Retail Payment System establishment funding
30-Jun-23
92.6
Additional funding to strengthen impact of the Commission,
ongoing funding for Retail Payment System function. In addition,
post SPE funding provided for establishment of Grocery Industry
Regulation function, transitional funding for economic
regulation of Water Infrastructure, and amendments to Dairy
Industry Restructuring Act functions (approx. $7.2m extra above
SPE Budget figure).
30-Jun-24
109.9
Final tranche of additional funding to strengthen impact of the
Commission, funding for Grocery Industry Regulation function,
funding for transition to economic regulation of Water
Infrastructure, additional Dairy Industry function funding, offset
by reduction in funding for Major Litigation
Documentation/correspondence in the past 12 months regarding the progress made on key
priorities in the SOI
9.
We are refusing your request set out at [1.3] under section 18(f) of the OIA because
the information requested cannot be made available without substantial collation or
research.
10.
However, if there is a particular matter/area you are interested, we would be
happy to assist you if you wish to make a new request that is specified with due
particularity.
Number of staff employed to support the SOI goals
11.
The number of staff employed on a full-time basis for each year covered over our last
two SOIs (2017 – 2022 and 2020 – 2024), prior to the current
SOI (2023 – 2027) are
set out below:
Employee
2017/18 2018/19 2019/20 2020/21 2021/22 2022/23
Headcount
FTE
222
247
244
273
316
428
12.
Progress against the Commission goals and priorities established in our SOI and
supported through the SPE are reported on in our Annual Report. Our people are
central to achieving our visions and outcomes as reported in our SOI 2023-2027 at
page 31. As per the table above, FTE numbers have increased due to the
Commission’s increased functions and powers across areas such as competition,
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consumer credit, grocery, water and fibre regulation work. Refer to [8] for further
information on material changes.
Budget figures for the years covered by current and previous SOI
13.
In response to your request set out at [1.5], we have treated SOI 2017-2022 and SOI
2020-2024 as our previous SOIs. Our most recent, newly published, SOI 2023-2027 is
available on the Commerce Commission
website. We have provided the current
year’s budget which relates to our newly published SOI, but future budgets for our
current SOI have not yet been set.
14.
The Commission’s funding ordinarily fluctuates each year due to timing of
deliverables funded by industry levies. Total budget figures for the financial years
ended 30 June 2018 to 30 June 2024 are provided at [8].
Spend broken down by department or business unit by year.
15.
The Commerce Commission reports its spend against its various functions as output
classes in the
Annual Report. The budget for each of these is also found in each
year’s respect
ive SPE. As noted above, the Commission’s 2023 Annual Report will be
published by 15 November 2023.
Organisational changes/restructures that have occurred in the periods covered by the last 2
SOIs
16.
We are refusing your request set out at [1.7] under section 18(f) of the OIA because
the information requested cannot be made available without substantial collation or
research.
17.
However, if there is a particular matter/area you are interested, we would be
happy to assist you if you wish to make a new request that is specified with due
particularity.
Further information
18.
If you are not satisfied with the Commission's response to your OIA request, section
28(3) of the OIA provides you with the right to ask an Ombudsman to investigate and
review this response. However, we would welcome the opportunity to discuss any
concerns with you first.
19.
Please note the Commission will be publishing this response to your request on its
website. Your personal details will be redacted from the published response.
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20.
Please do not hesitate to contact us at
[Commerce Commission request email] if you have any
questions about this response.
Yours sincerely
Chantellie Lye
OIA and Information Coordinator
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