Uploaded to www.fyi.org.nz
20 April 2020
We refer to your request under the Local Government and Official Information and Meetings
Act 1987 (“the Act”) to Invercargil Airport Limited (“IAL”) requesting the fol owing information:
“
In September 2019 it was reported in the Otago Daily Times that "The South's three
commercial airports - Dunedin, Invercargill and Queenstown - have signed a
memorandum of understanding to ''foster a collaborative working relationship'' and
"the airport leaders have been discussing opportunities to work together in a number
of areas including health and safety, environmental sustainability, operational
excellence and supporting strategic regional tourism initiatives." Could you please
provide me with a copy of the memorandum of understanding.”
First, we would like to apologise for the delay in responding to your request. Despite a
comprehensive search of our IT system, we have been unable to locate a copy of the
request made (other than as supplied by the Office of the Ombudsman) and it appears likely
it has been automatical y deleted by the IAL’s spam filter. We have taken steps to ensure
this does not occur again in future.
Having considered your request, IAL’s decision is to withhold the Memorandum of
Understanding (in its entirety) on the grounds that:
1. the making available of the Memorandum of Understanding would be likely
unreasonably to prejudice the commercial position of IAL and the other parties to the
Memorandum of Understanding (section 7(2)(b)(ii) of the Act);
2. the withholding of the Memorandum of Understanding is necessary because it is
subject to an obligation of confidence, and the making available of the Memorandum
of Understanding by IAL in breach of such obligation of confidence would be likely to
prejudice the supply of similar information, or information from the same source, and
it is in the public interest that such information should continue to be supplied, so as
to ensure IAL can achieve the objectives of the Memorandum of Understanding
outlined in the press release referred to in your request, namely, enhancing health
and safety, environmental sustainability and operational excellence at Invercargill
Airport, and supporting strategic regional tourism initiatives; and
3. withholding of the Memorandum of Understanding is necessary to enable IAL to carry
out, without prejudice or disadvantage, commercial activities, including working
together with the other southern commercial airports as contemplated by the
Memorandum of Understanding in the areas referred to in the press release (section
7(2)(h) of the Act),
and that the public interest in the Memorandum of Understanding does not outweigh any of
the above considerations.
If you wish to discuss this response with us, please feel free to contact
[Invercargill Airport Limited request email]. If you are not satisfied with this response regarding your
request for a copy of the Memorandum of Understanding, you have the right to seek an
investigation and review by the Ombudsman. Information about how to make a complaint is
available at www.ombudsman.parliament.nz or 0800 802 602.
Yours sincerely
Nigel Finnerty
