26 November 2024
Jane Shearer
Sent via email to
[FYI request #28955 email]
RE: LG24-0261 - Correspondence with Town Planning Group regarding Gibbston Village
Dear Jane,
REQUEST FOR OFFICIAL INFORMATION – DECISION TO REFUSE INFORMATION
Thank you for your request for information held by the Queenstown Lakes District Council (QLDC). On
29 October 2024 you requested the following information under the Local Government Official
Information and Meetings Act 1987 (LGOIMA):
•
Please supply any correspondence between the Council, Councillors and the Mayor with the
Town Planning Group or any other entities in relation to the Gibbston Village Fast Track
proposal.
QLDC RESPONSE
Decision to refuse information
We have good reason under section 7(2)(c)(i) of the Local Government Official Information and
Meetings Act 1987 (LGOIMA) for withholding the information requested. We consider it is necessary
to refuse the requested information on the basis of the following grounds:
• Section 7(2)(c)(i) - the withholding of the information is necessary to protect information
which is subject to an obligation of confidence or which any person has been or could be
compelled to provide under the authority of any enactment, 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.
Section 7(2)(c)(i) of the LGOIMA aims to balance transparency with the protection of sensitive
information. This provision is essential for maintaining trust in systems where information is shared
under confidentiality.
In this case, the pre-app discussions around Gibbston Village are considered to be confidential and the
proposal provided to Council was shared with the understanding of strict confidentiality. Disclosing
this information could unreasonably prejudice the continued supply of similar or related information
by harming the provider's professional reputation. Such harm may deter future engagement, thereby
affecting the availability of information.
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The public interest often depends on the continued availability of information from confidential
sources. If making certain information public would hinder the willingness of sources to provide
further valuable insights, the public interest is better served by keeping such information confidential.
In addition, MFE (Ministry for the Environment) have advised us that this information will be publicly
available soon. Therefore, we have decided to refuse this information in accordance with s17(d) of the
LGOIMA. Section 17(d) of the LGOIMA states that the information requested is or will soon be publicly
available.
Public interest considerations
We consider the interests of the public when making decisions to withhold requested information,
including considerations in favour of release, whether the disclosure of the information would
promote those considerations, and whether those considerations outweighed the need to withhold
the information.
Promoting the accountability and transparency of local authority members and officials is in the public
interest, as is the public interest in “good government”. Where possible, we have favoured the release
of information. However, QLDC considers that withholding information necessary to preserve
confidentiality is not outweighed by the public interest in favour of its release.
We conclude that the important section 7 withholding interests identified – to protect information
which is subject to an obligation of confidence, is not outweighed by a countervailing public interest
requiring release.
Right to review the above decision
Note that you have the right to seek an investigation and review by the Ombudsman of this decision.
Information about this process is available at www.ombudsman.parliament.nz or freephone 0800 802
602.
If you wish to discuss this decision with us, please contact
[email address]
(Stakeholder and Democracy Services Manager).
We trust the above information satisfactorily answers your request.
Kind regards,
Poonam
Democracy Services team
Queenstown Lakes District Council P: +64 3 441 0499 E: [email address]
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