Excerpt from Summary
Three people made requests to Radio New Zealand (RNZ) for audio recordings of a speech made by then Minister Hon Kiritapu Allan, in her personal capacity, at a farewell ceremony which RNZ organised for the Minister’s then fiancée, Ms Māni Dunlop.
RNZ holds an audio recording of the speech. RNZ refused the requests under section 9(2)(a) of the Official Information Act 1982 (OIA), on the basis this was necessary to protect Ms Allan’s privacy, the privacy of other individuals, and to protect ‘the tikanga of RNZ and its kaimahi’. However, RNZ released a transcript of two parts of Ms Allan’s speech, as it considered there was a public interest in these, and Ms Allan had already publicly acknowledged them.
After I asked for further comment, RNZ also suggested it was entitled to withhold the information under section 9(2)(ba)(i) of the OIA, on the basis Ms Allan’s comments were made in confidence, and the release of the speech would prejudice the future supply of information which is in the public interest.
When given a similar opportunity to comment, one of the requesters suggested they be given access to the audio recording on the condition they do not publish it.
Having reviewed the information in issue, and considered the various comments both for and against its release, I have formed the opinion that RNZ was entitled to withhold the audio recording of the speech (including giving conditional access to it) under sections 9(2)(a) and 9(2)(ba)(i) of the OIA, but that, with the exception of the names of several third parties, RNZ was not entitled to withhold a full transcript under either of these grounds.
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