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Ngā rauemi me ngā tānga

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21 Resources Show all

  • Negotiations: A guide to section 9(2)(j) of the OIA and section 7(2)(i) of the LGOIMA

    Official information
    This is a guide to the negotiations withholding ground found in section 9(2)(j) of the OIA and section 7(2)(i) of the LGOIMA.

  • Request for cost of recruiting Vice-Chancellor

    Case notes
    Release of total cost would not unreasonably prejudice third party’s commercial position—no specific negotiations—release of total costs would not deter businesses from treating with government—public interest in accountability for spending public money

  • Request for information associated with PHARMAC’s 2016/17 budget bid

    Case notes
    PHARMAC did not have a commercial position and was not engaged in commercial activities—s 9(2)(j) applies to information about PHARMAC’s willingness to pay for pharmaceuticals but not to PHARMAC’s indicative budget in out-years

  • Request for information about Hauraki Treaty negotiations

    Case notes
    Release would prejudice the goodwill of the parties and the progress of the negotiations—s 9(2)(j) applies

  • Request for information about DHB’s dispute with South Link Health

    Case notes
    Releasing statement of claim in breach of confidentiality agreement would disadvantage the DHB by diminishing trust and goodwill between the parties—releasing report would disadvantage the DHB by assisting the other party to counter DHB’s position—public interest in disclosure outweighed the need to withhold the statement of claim but not the report

  • Request for information about dispute between South Link Health and Southern District Health Board

    Case notes
    Good reason to withhold information that would reveal negotiating position and strategy or further deteriorate the relationship between the parties—s 9(2)(j) does not apply to some factual information and information that was known to the other party to the negotiation

  • Request for rent paid for transmission and broadcast sites

    Case notes
    Requester could use knowledge of other site rental rates to try and obtain a higher rate in their rent review—s 9(2)(j) applies

  • Request for CERA property valuation reports

    Case notes
    Much of the information already available to the requesters—disclosing the remaining information about how the valuations were reached would not prejudice or disadvantage CERA in negotiations with property owners, but make the negotiations more robust with both sides fully informed—strong public interest in disclosure to address power disparity between negotiating parties—s 9(2)(j) does not provide good reason to withhold

  • Request for costing and liability information concerning the grounding of the MV Rena

    Case notes
    Release of information about costs incurred in responding to the grounding would give advance notice of the Crown’s negotiating position—s 9(2)(j) applies but not to information that was known to both parties and in the public domain

  • Request for emails between Costamare and Maritime New Zealand regarding the MV Rena

    Case notes
    Releasing emails between the parties during the negotiations would prejudice willingness of the parties to participate in the negotiation in an open manner—s 9(2)(j) applies

  • Request for advice about SkyCity convention centre

    Case notes
    Necessary to withhold strategy and bottom lines to enable the Crown to carry on negotiations with SkyCity—s 9(2)(j) applies

  • Request for Landcare report on Balmoral Pastoral Lease

    Case notes
    The risk of lobbying and media attention is not a prejudice or disadvantage in terms of s 9(2)(j)

  • Request for information about initiatives to end whaling in the Southern Ocean

    Case notes
    Release would jeopardise relations with other parties to IWC negotiations and prejudice their willingness to share information—s 9(2)(j) applies

  • Request for risk assessment report on Hut Creek Mine

    Case notes
    Release would prejudice or disadvantage agency’s negotiations to acquire mining permit— s 9(2)(j) applies

  • Request for Crown’s projected figures, budgetary consequences and methodology relating to Treaty of Waitangi negotiations

    Case notes
    Journalist requested forecasts of settlement quantums prepared by OTS— request refused because release would prejudice or disadvantage Crown in carrying on negotiations—information contained details of projected figures and budgetary consequences of different settlement quantums and revealed OTS’s methodology for reaching these figures—disclosure would reveal OTS’s approach to negotiations and falsely give a top dollar figure available to claimants—Ombudsman satisfied Crown’s position in negotiations would be prejudiced by release—public interest in OTS’s transparency and accountability for negotiating with public money met by information already in public arena and made available to claimants during negotiation process—Ombudsman satisfied OTS entitled to rely on section 9(2)(j) to withhold information.

  • Request for details of Housing New Zealand’s top ten rental arrears by city or town

    Case notes
    Request for details of Housing New Zealand’s top ten rental arrears by city or town—Housing New Zealand considered release of information would prejudice negotiations to recover rental arrears—public interest in accountability outweighed need to withhold—information released

  • Request for information relating to the state sector wage round

    Case notes
    Request to Minister of State Services for information relating to the state sector wage round—information relating to industrial negotiating strategies withheld—concern that release would prejudice current and future negotiations and would be likely to prejudice the ability of the State Services Commission to obtain information from state sector agencies regarding industrial negotiations

  • Request for job evaluation report commissioned by employer

    Case notes
    Pay negotiations—request for report commissioned by employer—prejudice or disadvantage in carrying on the negotiations—reason to withhold not outweighed by other public interest considerations

  • Request for reports relating to INCIS project

    Case notes
    Request to Police for INCIS reports—reports withheld in their entirety—change in circumstances since request refused affecting outcome of review—good reason to withhold information would be established if request made at time of review—investigation discontinued on basis that whatever view might be formed as to correctness of decision to withhold, no recommendation for release would be made

  • Request for planning package for health and disability services

    Case notes
    Request for CHE Planning Package for health and disability services in Otago—request refused by Southern Regional Health because of prejudice to negotiations—identification and assessment of countervailing public interest considerations favouring disclosure

  • Request for information relating to divestment of Crown shares in Electricity Corporation

    Case notes
    Request for information relating to divestment by Crown of shares in Electricity Corporation (ECNZ)—request refused—ECNZ removed from Schedule 1 to Official Information Act during course of investigation—investigation discontinued