This document summarises the opinion formed by me in relation to three Official Information Act (OIA) complaints.
The complaints concerned the refusal by the Minister of Finance and the Treasury to release certain documents pertaining to the Government’s proposed mixed ownership programme. The refusals were made in reliance on sections 9(2)(f)(iv) and 9(2)(g)(i) of the OIA.
Complaint 1 covered five documents. Complaint 2 covered the same five documents, plus one additional document. Complaint 3 covered a small number of emails between officials regarding the drafting of one of the documents at issue in complaints 1 and 2.
The complainants asked me to investigate and review the refusals on an urgent basis given the perceived relevance of the information to the general election on 26 November 2011.
Following my investigation and review, I found that it was open to the Minister and the Treasury to refuse the requests under the OIA. Sections 9(2)(f)(iv) and 9(2)(g)(i) of that Act applied, and the withholding grounds were not outweighed in the circumstances of this case by the public interest considerations favouring disclosure.