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10 Resources Show all

  • Commercial information: A guide to sections 9(2)(b) and 9(2)(i) of the OIA and sections 7(2)(b) and 7(2)(h) of the LGOIMA

    Official information
    This is a guide to the commercial withholding grounds in sections 9(2)(b) and 9(2)(i) of the OIA and sections 7(2)(b) and 7(2)(h) of the LGOIMA.

  • The OIA and the public tender process

    Official information
    A guide to how the OIA applies to information generated in the context of a public tender process.

  • Commercial information work sheet

    Template letters and worksheets, Worksheets and other resources
    This summary work sheet is about the most commonly used grounds for withholding commercial information—unreasonable prejudice to a third party’s commercial position, and prejudice or disadvantage to an agency’s commercial activities.

  • Work sheet for dealing with public tender information

    Template letters and worksheets, Worksheets and other resources
    This work sheet summarises guidance on dealing with public tender-related information, including responding to OIA / LGOIMA requests for such information.

  • 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 copy of competitor’s licence deed

    Case notes
    Ferry service operator requested copy of competitor’s licence deed from ferry terminal facility owner—request refused under s 7(2)(b)(ii) LGOIMA on basis release would prejudice commercial position of licensee—licensee argued that it had originally negotiated licence in atmosphere of complete commercial confidentiality with then port authority at a time when neither party was subject to LGOIMA—Ombudsman considered s 8 LGOIMA and s 75 Local Government Act 2002—neither Act contains transitional or saving provisions concerning information held by private bodies that later become subject to this legislation—request for such information should therefore be considered in same way as any other LGOIMA request—Ombudsman found no commercial prejudice likely and strong public interest in release—facility owner released information.

  • Request for land exchange agreement and valuations

    Case notes
    NZDF exchanging land with private land owners under the Public Works Act 1981—OIA request made to NZDF for copies of the exchange agreement and valuations of respective properties—NZDF refused under s 9(2)(i)—Ombudsman noted majority of information in standard form and already publicly available—unable to identify ‘commercial activity’—rather transaction was for defence purposes within the terms of the Public Works Act—NZDF released the information subject to the withholding of some information under s 9(2)(j) and s 9(2)(b)(ii)

  • Request by TVNZ for names of companies providing Department of Social Welfare with transcripts or videos of TVNZ programmes

    Case notes
    Risk of litigation is not an unreasonable prejudice—public interest in release of information enabling pursuit of legal rights and remedies

  • Request for Crown Health Enterprise Business Plans

    Case notes
    Request for Crown Health Enterprise Business Plans—request refused on commercial grounds—some information protected by ss 9(2)(i) and 9(2)(j)—public interest in disclosure substantially met by release of balance of plans

  • Request for the contract regarding sale of Railway houses

    Case notes
    Request for copy of contract between NZRC and Stone Key Investments Ltd regarding sale of railway houses—refused as ‘commercially confidential’—contract document itself was not simply a standard form Agreement for Sale and Purchase with price and special conditions added, but was a specially drafted document which reflected the negotiating positions adopted by both parties—release would unreasonably prejudice the commercial position of Stone Key Investments—s 9(2)(b)(ii)—release was so likely to ‘prejudice or disadvantage’ the Corporation in future sales of surplus land that it was necessary to withhold the information at issue—s 9(2)(i)—sale agreement retained two key factors of the Corporation’s previous sales policy relating to its obligations as a ‘good employer’—public interest in disclosure of the manner in which those undertakings had been incorporated into the contract—public interest in disclosure of information enabling an assessment to be made of whether the Corporation had acted responsibly and obtained a ‘fair market price’—written summary released