15 February 2021
K H Ross
By email
: [FYI request #14447 email]
Dear K H Ross
OFFICIAL INFORMATION ACT REQUEST 21.01 Memorandums of Understanding or Agreement with PRC
Universities
I refer to the Official Information Act request dated 13 January 2021 for information relating to Memoranda of
Understanding (MOU)/ Agreement (MOA) for Chinese Universities. You have specifical y requested:
• A list of PRC (People’s Republic of China) universities with which the University of Canterbury has a
MOU or MOA
• A copy of the MOU/MOA agreements for each of these universities.
Please see attached a list of PRC Universities that the University of Canterbury has a current MOU or MOA with
as at 15 February 2021.
Please note that some information has been withheld. This includes:
The contents of the MOU and MOA documents. Whilst the fact of a MOU or MOA being signed with another
institution might be in the public domain, the contents of them are not publically available and are
confidential. MOU or MOAs are often drafted with express confidentiality clauses, with all of them being
treated with the expectation of confidence. The contents of the documents are only known to a select group
of people, such as the Pro-Vice-Chancel or of the relevant College/School and senior staff within the College
who negotiated the MOU or MOA. The details of the MOU/MOA are not publical y released, although the
overall intent of the document might be – for example to collaborate on teaching and research. MOUs and
MOAs are stored in a secure electronic environment that is not open to al University staff. This information is
therefore withheld under s 9(2)(ba)(i), to protect information which is subject to an obligation of confidence,
as it would prejudice the supply of similar information and it is in the public interest that the information is
supplied.
Releasing the contents of MOU/ MOAs would prejudice the University’s negotiating position in the future, the
information is therefore also withheld under s 9(2)(j). MOU and MOAs are not valid in perpetuity, often with a
term between three – five years. Terms must be renegotiated and a new MOU or MOA drafted and signed,
with such negotiations occurring every year as and when different memoranda expire. Releasing the details of
MOU or MOA documents would undermine the University of Canterbury’s negotiating position relative to
other Universities. Other institutions would then be aware of UC’s terms which would erode competitive
advantage when the University of Canterbury (re)negotiates future MOU’s or MOAs. The release of the details
of the MOUs/MOAs would also detrimentally affect the relationships between the University and those
institutions with existing arrangements, as it may deter them from sharing information at the next round of
negotiations.
Where any grounds in S 9(2) are relied upon, s 9(1) requires that the public interest be considered. MOUs or
MOAs are an important link in facilitating collaboration between the University of Canterbury and institutions
all over the world. This could be for matters such as shared programmes and student exchanges. The academic
and cultural benefits in having international ideas and perspectives cemented in formal relationships is
important to the University. The University is of the view that the wider benefits the University and
surrounding community derive from having strong international relationships outweighs the public interest in
knowing the detail of every MOU /MOA document it has established with partner institutions. Releasing the
names of the Chinese institutions that the University partners with allows the public to know which
institutions it has MOUs/ MOAs with, whilst protecting the confidentiality of the detail of those memoranda.
You have the right to seek an investigation and review by the Ombudsman of this decision. Information about
how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
Claire O'Connel
Information Advisor
