Open main menu Close main menu

Resources and publications

Ngā rauemi me ngā tānga

Search guidescase notesopinionsreports and other information. Resources and publications can also be searched by date and other options. 

Use the search bar to make your search. Then use the filters to narrow down the results by resource type or topic. 

More information about the resource categories on this page
Search by keyword
  • 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 information about a Department’s employment operations

    Case notes
    Pre-cast concrete operation is a commercial activity—s 9(2)(i) applies
  • Request for salvage plan relating to MV Rena

    Case notes
    Revealing salvage company’s detailed methodology would give other companies a competitive advantage in future tenders, which would be likely unreasonably to prejudice its commercial position—s 9(2)(b)(ii) applies
  • Request for financial information concerning Council’s waste management proposals

    Case notes
    Council waste management activities not commercial—s 7(2)(h) does not apply
  • Request for transport rates, cost and revenues per route

    Case notes
    Cost per route to the Council not protected by s 7(2)(b)(ii)—any prejudice would not be unreasonable—s 7(2)(b)(ii) applies to revenue per route—this would reveal operators’ tender strategies, thereby prejudicing their ability to participate competitively in future tenders
  • Request for tender scores for successful tenderer

    Case notes
    Release of tender scores would not be likely unreasonably to prejudice successful tenderer’s commercial position—s 9(2)(b)(ii) does not apply
  • Request for copy of winning tender for Lawrence Oliver Park

    Case notes
    Release would enable competitors to anticipate winning tenderer’s strategy in future bids, which would unreasonably prejudice their commercial position—s 7(2)(b)(ii) applies
  • 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)