OIAD-3708
1 March 2024
Stephen Prendergast
[FYI request #25387 email]
Tēnā koe Stephen
Thank you for your request to the Department of Conservation, received on 13 January
2024, in which you asked for:
“I would like to be provided with DOC internal and external correspondence covering
the decision by DOC to vote as a creditor at the RAL watershed meeting.
I would also expect this to include, but not be limited to, advice received by Penny
Nelson referenced in her email to Treasury 15 June.”
On 24 January we asked for you to clarify your request because as previously framed it
would have likely required substantial collation and research to the extent that we were
considering refusing your request under section 18(f) of the Of icial Information Act.
On 24 January you clarified your request to:
“I would like to be provided al substantive correspondence associated with the
Departments decision to partake in the vote as a creditor.”
I have considered your request under the Official Information Act 1982 (OIA).
This letter is to advise you that I have decided to grant your request, subject to information
being withheld from the documents listed below under one or more of the following sections
of the OIA. We are in the final stages of preparing these documents for release and will send
them to you no later than 5 March 2024, earlier if possible. Thank you for your patience while
this process is concluded.
The applicable OIA grounds are:
• section 9(2)(a) – to protect the privacy of natural persons;
• section 9(2)(b)(i ) – to protect the commercial position of the person who supplied the
information, or who is the subject of the information;
• section 9(2)(f)(iv) – to maintain the current constitutional conventions protecting the
confidentiality of advice tendered by Ministers and officials;
• section 9(2)(g)(i) – to maintain the effective conduct of public affairs;
• section 9(2)(h) - to maintain legal professional privilege;
National Office, 18-22 Manners Street, PO Box 10420, Wellington 6143
Page 1 of 2
• section 9(2)(i) - to enable a Minister of the Crown or any department or organisation
holding the information to carry out, without prejudice or disadvantage, commercial
activities; and
• section 9(2)(j) – to enable the Crown to negotiate without disadvantage or prejudice.
Item Date
Document
Decision
description
1
19 - 20 June
Email correspondence Released in part – section 9(2)(a),
2023
- confirmation on
9(2)(b)(ii), 9(2)(j)
financial approach
2
19 June 2023 Email correspondence Released in part – section 9(2)(f)(iv),
– upcoming watershed 9(2)(b)(ii), 9(2)(j), 9(2)(h), 9(2)(i)
meeting
3
16 June 2023 Memo for decision on
Released in part – section 9(2)(f)(iv),
DOC to act as creditor 9(2)(g)(i), s9(2)(h), 9(2)(i).
at RAL watershed
Note, some material in this briefing does
meeting
not relate to the decision to vote as a
creditor, and will be marked out of scope.
In making my decision, I have considered the public interest considerations in section 9(1) of
the OIA and determined there are no public interests that outweigh the grounds for withholding.
You are entitled to seek an investigation and review of my decision by writing to an
Ombudsman as provided by section 28(3) of the OIA.
If you would like to discuss this response with us, please contact Vicki Crosbie, National
Permissions Advisor by email to
[email address].
Nāku noa, nā
Rachael Jordan
Principal Advisor, Regulatory Services
Department of Conservation
Te Papa Atawhai
Page 2 of 2