OIA Res ponse Letter
7 August 2024
Dayna Kennedy
By email only: [FYI request #27938 email]
Dear Dayna
Official Information Act #24.024 - Response
1.
We refer to your request received on 6 August 2024 for information about the full
details and settlement between the Commerce Commission (Commission) and
Foodstuffs. You have requested:
1.1
“The full details of the court proceedings and agreement/settlement reached
between the Commerce Commission and Foodstuffs in June of 2024 following
your commencement of proceedings against Foodstuffs in regards to "anti-
competitive land covenants".
1.2
You would like to know “…the reasoning behind the complete ignorance to
my initial request asking for this information and why the Commerce
Commission broke the law.”
Our response
2.
In response to your request at [1.1], the proceeding is at pre-substantive hearing
stage and has not yet been heard by the Court.
3.
At this time, we are therefore withholding the terms of settlement under section 6(c)
of the OIA as making the information available would prejudice the maintenance of
the law, including the prevention, investigation, and detection of offences, and the
right to be a fair trial.
4.
In response to your query at [1.2], following receipt of your request on 6 August
2024, we checked our “junk folder” in Outlook and unfortunately found your 22 June
OIA request and follow up emails on 15 July 2024 and 23 July 2024. Please accept our
sincerest apologies for missing these emails and therefore the delay in responding to
your request. We will follow up with our IT team to see why these three emails did
not appear in the In Box.
5217446-1
2
Further information
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 do not hesitate to contact us at
[Commerce Commission request email] if you have any
questions about this response.
Yours sincerely
OIA and Information Coordinator
5217446-1