Good afternoon Harriet

 

We acknowledge receipt of the below Official Information Act 1982 request.

 

Under the Act, KiwiRail has up to 20 working days from the date of
receiving your request to respond.  Therefore, you can expect a response
on or before Tuesday 6 June 2017.

 

This calculation takes into account the Queen’s Birthday statutory holiday
and KiwiRail receiving your request outside normal business hours.

 

We will be in touch with you if it is necessary to clarify any aspect of
your request.

 

Regards,

Official Correspondence Unit

 

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Good morning Harriet

 

Thank you for your email dated 6 May 2017, in which you make the following
request:

 

“…for all relevant technical analysis and advice both internally or
externally, including peer reviews both internally or externally, that
informed the decision to end operating electric freight locomotives on the
NIMT & the procurement of new diesels to replace to current EF fleet. “

 

Your request has been considered under the Official Information Act 1982
(the Act).

 

Disclosing the internal and external peer reviews and advice could inhibit
KiwiRail staff from providing free and frank opinions and/or inhibit
KiwiRail from obtaining independent peer reviews in the future.

 

We are therefore withholding the information under s9(2)(g)(i) of the Act,
to maintain the effective conduct of public affairs through the free and
frank expression of opinions by or between members of an organisation,
officers or employees in the course of their duty.

 

We also note that all relevant advice that ultimately informed KiwiRail’s
decision is set out in KiwiRail’s Better Business Case: NIMT Performance
Improvement (December 2016).  This document is available on KiwiRail’s
website, at the following link:

[1]http://www.kiwirail.co.nz/uploads/Public...

 

An explanation of the information withheld within the Better Business Case
can be found in the following document, also on KiwiRail’s website:

[2]http://www.kiwirail.co.nz/uploads/Public...

 

In answering your request we have considered the public interest in the
information being withheld and believe that the public interest does not
outweigh KiwiRail’s need to withhold this information.

 

Under s28(3) of the Act, you have the right to seek an investigation and
review of this response by way of complaint to the Ombudsman. Refer to
[3]www.ombudsman.parliament.nz for more information.

 

Regards,

Official Correspondence Unit

 

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From: OCU
Sent: Monday, 8 May 2017 4:52 p.m.
To: [FOI #5834 email]
Subject: RE: Official Information request - NIMT EF Replacement Options
Advice

 

Good afternoon Harriet

 

We acknowledge receipt of the below Official Information Act 1982 request.

 

Under the Act, KiwiRail has up to 20 working days from the date of
receiving your request to respond.  Therefore, you can expect a response
on or before Tuesday 6 June 2017.

 

This calculation takes into account the Queen’s Birthday statutory holiday
and KiwiRail receiving your request outside normal business hours.

 

We will be in touch with you if it is necessary to clarify any aspect of
your request.

 

Regards,

Official Correspondence Unit

 

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Good afternoon Harriet

We refer to your email dated 7 June 2017.

In regards to your first question, the reasons given for not releasing are as set out in our response to your OIA request (request dated 6 May).

In regards to your second question, the fact that certain documents may have been “leaked” to limited parts of the media does not alter those reasons for withholding. That “leak” has occurred as a result of a breach of confidence. The extent of publication of the leaked documents is limited and KiwiRail considers that the documents remain its proprietary and confidential information notwithstanding that breach. The reasons given for withholding the information remain valid notwithstanding the leak as confidentiality is not a relevant consideration under s9(2)(g). If the documents were widely available to the public then we would simply have refused your request under s18(d) on the basis that the information was already publically available.

Regards,
Official Correspondence Unit

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