On behalf of the New Zealand Educational Institute, Ms Shelley Nixon made a request to the Ministry of Education for a list of the names of the groups that had submitted an ‘Indication of Interest’ (IOI) in setting up a partnership school. The Ministry of Education refused the request under section 9(2)(j) of the Official Information Act 1982 (OIA) in order to enable a Minister of the Crown or a department holding the information to carry out negotiations without prejudice or disadvantage. The Ministry subsequently invoked section 9(2)(f)(iv) of the OIA, relating to the need to protect the confidentiality of advice tendered by officials to Ministers, as an alternative good reason to withhold the information. The Ministry claimed that section 9(2)(ba)(i) applies in respect of two groups that sought, and received, an assurance of confidentiality for their IOI from the Chair of the Partnership Schools Working Group. It has also relied on section 9(2)(g)(ii), relating to the protection of groups that submitted an IOI from improper pressure or harassment as a potential good reason for withholding. I have also considered the potential application of section 6(d), whereby likely endangerment to the safety of any person is a conclusive reason for withholding. Finally, the Ministry suggested that its planned future publication of information about selecting the sponsors of partnership schools meant that section 18(d) (“the information requested ... will soon be publicly available”) might apply.
After consideration of the relevant facts and of the statutory grounds for withholding advanced by the Ministry, I have formed the opinion that no good reason exists to refuse the request.