OIA Res ponse Letter
29 May 2024
Annie Connor-Mist
By email only:
[FYI request #26641 email]
Official Information Act #23.249 – Response
1.
We refer to your request received on 6 May 2024 for information about the change
proposal at the Commerce Commission (the Commission).
2.
We have decided to decline your request. The information you have requested is
confidential due to the change proposal being the subject of internal consultation
with staff, active consideration by the Commission, and engagement with Ministers.
Decisions on the change process are subject to Government Budget decisions and
announcements at the end of May. The Commission’s final decisions are expected in
mid-June 2024.
3.
Accordingly we are withholding the information requested under the following
sections of the Official Information Act:
3.1
Section 9(2)(ba)(i) and (ii): “
protect information which is subject to an
obligation of confidence… where the making available of the information
(i) would be likely to prejudice the supply of similar information, or
information from the same source, and it is in the public interest that such
information should continue to be supplied; or (ii) would be likely otherwise
to damage the public interest”.
We consider the release of details concerning the change proposal would
damage the good working relationship between the Commission and
employees, given the duty of good faith that is owed by the Commission to its
employees.
3.2
Section 9(2)(f)(iv): “
maintain the constitutional conventions for the time
being which protect… the confidentiality of advice tendered by Ministers of
the Crown and officials”.
We consider the premature release of deliberative materials, that are still
under active consideration, will limit the Commission’s ability to provide
advice to Ministers and prevent effective government decision-making.
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4.
We consider that the above reasons for withholding information are not outweighed
by other considerations which would make it desirable, in the public interest, to
make the information available (section 9(1) of the OIA).
5.
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.
6.
Please note the Commission will not be publishing this response to your request on
its website.
7.
Please do not hesitate to contact us at
[Commerce Commission request email] if you have any
questions about this request.
Yours sincerely
OIA and Information Coordinator
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