Kia ora Alex
The University acknowledges receipt of your official information request
and will provide a response in due course.
Ngā mihi
Keely

OIA Admin
University of Waikato
Private Bag 3105  |  Hamilton 3240  |  New
Zealand
[1]University of Waikato

On Tue, Dec 22, 2020 at 11:03 AM Alex Harris
<[2][FOI #14353 email]> wrote:

Dear University of Waikato,

The New Zealand Initiative is described by the media as a "libertarian
think-tank" ("Ratepayers pay $92,000 for membership of libertarian
think-tank", Stuff, 22 December 2020). According to its website, your
agency is a member. I would like to request the following information
under the OIA:

* When did your agency join the New Zealand Initiative? Is it still a
member?
* Who approved joining? Was there any formal analysis of the
compatibility of membership with your agency's purposes and functions?
(if so, I would like a copy)
* How much membership has cost your agency since joining.

I would prefer to receive an electronic response. Queries about this
request will be automatically forwarded to me by the [3]fyi.org.nz
website.

With regards to s12 of the OIA, I am an NZ citizen and in NZ.

Yours faithfully,

Alex Harris

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[4][FOI #14353 email]

Is [5][University of Waikato request email] the wrong address for Official Information
requests to University of Waikato? If so, please contact us using this
form:
[6]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[7]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer,
please ask your web manager to link to us from your organisation's OIA
or LGOIMA page.

-------------------------------------------------------------------

References

Visible links
2. mailto:[FOI #14353 email]
3. http://fyi.org.nz/
4. mailto:[FOI #14353 email]
5. mailto:[University of Waikato request email]
6. https://fyi.org.nz/change_request/new?bo...
7. https://fyi.org.nz/help/officers

hide quoted sections

Kia ora Alex
Please find attached decision letter regarding your official information
request.
Nga mihi
Keely
 

OIA Admin
University of Waikato
Private Bag 3105  |  Hamilton 3240  |  New
Zealand
[1]University of Waikato

On Tue, Dec 22, 2020 at 11:03 AM Alex Harris
<[2][FYI request #14353 email]> wrote:

Dear University of Waikato,

The New Zealand Initiative is described by the media as a "libertarian
think-tank" ("Ratepayers pay $92,000 for membership of libertarian
think-tank", Stuff, 22 December 2020). According to its website, your
agency is a member. I would like to request the following information
under the OIA:

* When did your agency join the New Zealand Initiative? Is it still a
member?
* Who approved joining? Was there any formal analysis of the
compatibility of membership with your agency's purposes and functions?
(if so, I would like a copy)
* How much membership has cost your agency since joining.

I would prefer to receive an electronic response. Queries about this
request will be automatically forwarded to me by the [3]fyi.org.nz
website.

With regards to s12 of the OIA, I am an NZ citizen and in NZ.

Yours faithfully,

Alex Harris

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[4][FYI request #14353 email]

Is [5][University of Waikato request email] the wrong address for Official Information
requests to University of Waikato? If so, please contact us using this
form:
[6]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[7]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer,
please ask your web manager to link to us from your organisation's OIA
or LGOIMA page.

-------------------------------------------------------------------

References

Visible links
2. mailto:[FYI request #14353 email]
3. http://fyi.org.nz/
4. mailto:[FYI request #14353 email]
5. mailto:[University of Waikato request email]
6. https://fyi.org.nz/change_request/new?bo...
7. https://fyi.org.nz/help/officers

hide quoted sections

Kia ora Alex
The University acknowledges receipt of your request and will be in touch
with a response in due course.
Nga mihi
Keely
 

OIA Admin
University of Waikato
Private Bag 3105  |  Hamilton 3240  |  New
Zealand
[1]University of Waikato

---------- Forwarded message ---------
From: Alex Harris <[2][FYI request #14353 email]>
Date: Fri, Feb 12, 2021 at 12:02 PM
Subject: Re: Official Information request - Membership of the New Zealand
Initiative
To: OIA Admin <[3][email address]>

Dear OIA Admin,

Thankyou for your response to my OIA request seeking information on the
university's membership of the New Zealand Initiative. I'd like to
challenge your decision to withhold the costs of membership under s9(2)(i)
for the following reasons:

* s9(2)(i) protects "commercial activities". The Ombudsman has provided
guidance on this in "Commercial information: A guide to sections 9(2)(b)
and 9(2)(i) of the OIA andsections7(2)(b)and 7(2)(h) of the LGOIMA". In
order to apply, the activity must be "commercial" (focused on making a
profit), and release must result in "prejudice or disadvantage". While the
university's provision of education to fee-paying students and its
provision of research services may be a commercial activity, its
membership in the Institute clearly is not. Furthermore, even if it was,
it is unclear what prejudice or disadvantage would result from release of
the cost of membership. Other institutions (such as the University of
Auckland) have released this information. It does not seem to have
resulted in any "commercial disadvantage" to them. If you wish to continue
to rely on this provision, I would like a statement of how you believe the
activity is commercial and how it will be prejudiced (you can consider
this to be a request for the grounds in support of your withholding reason
under s19(a)(ii) of the Act; refusal may generate further cause for
complaint to the Ombudsman).

* there is no sign in your letter that you have considered the public
interest in release of the information, as required by s9(2) of the Act.
The Ombudsman's guidance on the issue ("Public interest: A guide to the
public interest test") makes it clear that a number of public interest
factors are engaged, notably transparency, the accountability for spending
public money, and the level of disquiet around public agencies belonging
to lobby groups. Even if s9(2)(i) provided good reason to withhold (and I
do not believe that it does), this would clearly be outweighed by the
public interest in release.

I look forward to your response. Failure to release this information will
result in the complaint being escalated to the Ombudsman.

Yours sincerely,

Alex Harris

-----Original Message-----

Kia ora Alex
 Please find attached decision letter regarding your official information
 request.
 Nga mihi
 Keely
  

 OIA Admin
 University of Waikato
 Private Bag 3105  |  Hamilton 3240  |  New
 Zealand
 [1]University of Waikato

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FYI request #14353 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------

References

Visible links
2. mailto:[FYI request #14353 email]
3. mailto:[email address]
4. mailto:[FYI request #14353 email]
5. https://fyi.org.nz/help/officers

hide quoted sections

Dear Alex
Please find attached response letter in regard to your request of 12
February.
Kind regards
Keely

OIA Admin
University of Waikato
Private Bag 3105  |  Hamilton 3240  |  New
Zealand
[1]University of Waikato

On Fri, Feb 12, 2021 at 12:02 PM Alex Harris
<[2][FYI request #14353 email]> wrote:

Dear OIA Admin,

Thankyou for your response to my OIA request seeking information on the
university's membership of the New Zealand Initiative. I'd like to
challenge your decision to withhold the costs of membership under
s9(2)(i) for the following reasons:

* s9(2)(i) protects "commercial activities". The Ombudsman has provided
guidance on this in "Commercial information: A guide to sections 9(2)(b)
and 9(2)(i) of the OIA andsections7(2)(b)and 7(2)(h) of the LGOIMA". In
order to apply, the activity must be "commercial" (focused on making a
profit), and release must result in "prejudice or disadvantage". While
the university's provision of education to fee-paying students and its
provision of research services may be a commercial activity, its
membership in the Institute clearly is not. Furthermore, even if it was,
it is unclear what prejudice or disadvantage would result from release
of the cost of membership. Other institutions (such as the University of
Auckland) have released this information. It does not seem to have
resulted in any "commercial disadvantage" to them. If you wish to
continue to rely on this provision, I would like a statement of how you
believe the activity is commercial and how it will be prejudiced (you
can consider this to be a request for the grounds in support of your
withholding reason under s19(a)(ii) of the Act; refusal may generate
further cause for complaint to the Ombudsman).

* there is no sign in your letter that you have considered the public
interest in release of the information, as required by s9(2) of the Act.
The Ombudsman's guidance on the issue ("Public interest: A guide to the
public interest test") makes it clear that a number of public interest
factors are engaged, notably transparency, the accountability for
spending public money, and the level of disquiet around public agencies
belonging to lobby groups. Even if s9(2)(i) provided good reason to
withhold (and I do not believe that it does), this would clearly be
outweighed by the public interest in release.

I look forward to your response. Failure to release this information
will result in the complaint being escalated to the Ombudsman.

Yours sincerely,

Alex Harris

-----Original Message-----

Kia ora Alex
 Please find attached decision letter regarding your official
information
 request.
 Nga mihi
 Keely
  

 OIA Admin
 University of Waikato
 Private Bag 3105  |  Hamilton 3240  |  New
 Zealand
 [1]University of Waikato

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FYI request #14353 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[4]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer,
please ask your web manager to link to us from your organisation's OIA
or LGOIMA page.

-------------------------------------------------------------------

References

Visible links
2. mailto:[FYI request #14353 email]
3. mailto:[FYI request #14353 email]
4. https://fyi.org.nz/help/officers

hide quoted sections