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Request for information relating to the business case for Wiri Prison

Official Information Act 1982
Legislation display text:
Official Information Act 1982, ss 9(2)(i), 9(2)(j)
Department of Corrections
Peter Boshier
Case number(s):
Issue date:

Max Rashbrooke asked the Department of Corrections (the Department) for copies of reports to Government entitled ‘Business Case Prison Capacity Supply & Procurement 2010 – 2019’ (First Business Case) and ‘Detailed (Stage Two) Business Case: Procurement of a new men’s prison at Wiri through a Public Private Partnership’ (Second Business Case) relating to the building of a then proposed prison at Wiri, South Auckland. The prison is known as the Auckland South Corrections Facility (ASCF).

The Department released copies of the requested reports with substantial redactions made in reliance on sections 9(2)(i) and 9(2)(j) of the Official Information Act 1982 (OIA). Mr Rashbrooke complained about that decision to the Ombudsman.

During the Chief Ombudsman’s investigation, the Department released further information to Mr Rashbrooke. The Chief Ombudsman formed the opinion that the Department was entitled to rely on section 9(2)(j) of the OIA to withhold the remaining information at issue. Releasing that information would prejudice or disadvantage the Department in negotiating a favourable outcome for future prison projects.

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