Kia ora,

On behalf of Hon Dr Megan Woods, thank you for your email.  

While the Minister considers all correspondence to be important, and all
messages are carefully read and considered, it is not always possible to
personally reply to all emails.  As such, the following guidelines apply:

o Invitations and meeting requests will be processed as soon as possible
and a staff member will be in contact with you in due course.
o Requests for official information will be managed in accordance with
the provisions of the Official Information Act 1982, which may include
transfer to a more relevant Minister or agency.
o If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, your correspondence will be noted and/or
transferred to another office.

If you are a resident in the Wigram electorate, please
email [1][email address] and the electorate office team
will get back to when they are able.
Thank you for the taking the time to write. 
Ngâ mihi,
Office of Hon Dr Megan Woods

Minister of Housing | Minister for Infrastructure | Minister of Energy &
Resources | Minister for Building and Construction | Associate Minister of
Finance | MP for Wigram

Private Bag 18041 |Parliament Buildings | Wellington 6160 | New Zealand

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References

Visible links
1. mailto:[email address]

Kia ora,

 

Thank you for your follow request on an OIA response sent 20 September:

“[1]https://fyi.org.nz/request/23805-blackro...

 

For the parts redacted under 9(2)(b)(ii), can you please give the
supporting grounds for the redaction, eg non disclosure agreement or the
information contains trade secrets. I note several passages are redacted
which appear to involve crown entities, consideration for Government
support and other matters which are very much in the public interest.”

 

In regard to the application of section 9(2)(b)(ii) of the Official
Information Act, Ombudsman guidance sets out the kind of information that
can be withheld includes:

      

Public private partnerships—Agencies may work with private sector
partners, who may help to finance projects and deliver services. In such
circumstances, the agency is likely to hold a significant amount of
information about the funding of the partnership, as well as more general
information relating to the partner’s private business.

 

I can advise that we have considered the information withheld using the
tests set out by ombudsman guidance, in that we can:

 1. demonstrate that the third party has a commercial position; and
 2. explain how release of the information at issue would be likely
unreasonably to prejudice that position.

 

Section 9(2)(b)(ii) applies to:

o any information that if released would give unfair advantage to
competitors;
o result in an increase in costs;
o decrease income or profits;
o damage the third parties negotiating position;
o damage their reputation leading to a loss of business or trade; or
o damaging shareholder, customer or supplier confidence.

 

Examples of the types of information that might be prejudicial given by
the Ombudsman can include but are not limited to:

o pending contracts,
o employee information,
o financial agreements,
o due diligence information,
o proposed new activities,
o products or business dealings,
o sales and marketing plans, and
o pending or future transactions or transactions did not proceed.

 

In terms of section 9 of the Act, I am satisfied that, in the
circumstances, the withholding of this information is not outweighed by
other considerations that render it desirable to make the information
available in the public interest.

You have the right to seek investigation and review of my decision by the
Ombudsman, in accordance with section 28(3) of the Act. The relevant
details can be found at: [2]www.ombudsman.parliament.nz.

 

Ngâ mihi

 

Office of Hon Dr Megan Woods

Minister of Energy and Resources | Minister for Building and Construction
| Minister for Infrastructure | Minister of Housing | Associate Minister
of Finance

Private Bag 18041 | Parliament Buildings | Wellington 6160 | New Zealand

Office Phone: +64 4 817 8705      Email: [3][Megan Woods request email]

 

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References

Visible links
1. https://fyi.org.nz/request/23805-blackro...
2. http://www.ombudsman.parliament.nz/
3. mailto:[Megan Woods request email]