OIA information

Mr ED Hirsche made this Official Information request to Ministry of Health

The request was refused by Ministry of Health.

From: Mr ED Hirsche

Dear Ministry of Health,

You have proactively released a document on your website, entitled 'infectoin prevention and control audits of managed islation and quarantine facilities', dated the 15 February 2021. In it, on page 8, you redact the names of the hotels being used for MIQ facilities, using s.9.2.b.ii ('commercial confidentiality') of the OIA.

I do not think this is an appropriate use of the commerical confidentiality provision. This can only be used when '(the information) would be likely unreasonably to prejudice the commercial position' of the subject of the information. I would suggest that releasing the names of the hotels and their performance on the audit is unlikely to have any significant impact on their commercial position: no future hypothetical consumer is likely to be making decisions on where to stay based on this information. Furthermore, even if you believe that it is damaging to their commercial position, I would suggest that the public interest (see s.9.1) in this information would override it in this particular case, especially given that one hotel seems to have had the vast majority of serious problems.

Given this, I would like you to reconsider releasing this information in an unredacted form. Otherwise, I will be making a complaint to the Ombudsman for his opinion on this.

In the meantime, I make a new OIA request to yourselves, requesting all internal correspondence about the decision to redact this particular table, including (but not limited to) the specific evaluation you must have performed to consider why the s.9.1. public interest provision does not apply in this case. Correspondence here is likely to mean internal emails.

I look forward to your reponse.

Yours faithfully,

Mr ED Hirsch

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From: OIA Requests


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Kia ora

 

Thank you for your request for official information received 26 May 2021
for:

 

            " You have proactively released a document on your website,
entitled 'infectoin prevention and control audits of managed islation and
quarantine facilities', dated the 15 February 2021. In it, on page 8, you
redact the names of the hotels being used for MIQ facilities, using
s.9.2.b.ii ('commercial confidentiality') of the OIA.

 

I do not think this is an appropriate use of the commerical
confidentiality provision. This can only be used when '(the information)
would be likely unreasonably to prejudice the commercial position' of the
subject of the information. I would suggest that releasing the names of
the hotels and their performance on the audit is unlikely to have any
significant impact on their commercial position: no future hypothetical
consumer is likely to be making decisions on where to stay based on this
information. Furthermore, even if you believe that it is damaging to their
commercial position, I would suggest that the public interest (see s.9.1)
in this information would override it in this particular case, especially
given that one hotel seems to have had the vast majority of serious
problems.

 

Given this, I would like you to reconsider releasing this information in
an unredacted form. Otherwise, I will be making a complaint to the
Ombudsman for his opinion on this.

 

In the meantime, I make a new OIA request to yourselves, requesting all
internal correspondence about the decision to redact this particular
table, including (but not limited to) the specific evaluation you must
have performed to consider why the s.9.1. public interest provision does
not apply in this case. Correspondence here is likely to mean internal
emails."

 

The Ministry's reference number for your request is: H202106410.

 

As required under the Official Information Act 1982 we will endeavour to
respond to your request no later than 24 June 2021, being 20 working days
after the day your request was received.  

 

If we are unable to respond to your request within this time frame, we
will notify you of an extension of that time frame.

 

If you have any queries related to this request, please do not hesitate to
get in touch.

 

Ngā mihi

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [email address]

 

 

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From: OIA Requests


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Attachment H202106410 Response.pdf
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Attachment H202106410 Appendix 1.pdf
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Kia ora Ed Hirsch

Please find attached a letter regarding your request for information.

Ngā mihi

 

OIA Services Team

 

[1]Ministry of Health information releases

[2]Unite against COVID-19

 

 

 

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References

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1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/

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