Ref. No. DOIA 2122-0099
9 August 2021
Jonathan Brewer
C/o FYI.org
[FYI request #16040 email]
Dear Jonathan
Thank you for your email of 12 July 2021 to the Ministry of Business, Innovation and Employment (MBIE),
requesting the following under the Official Information Act 1982 (the Act):
“all details of the WIAL MSP complaint and the decision made by the Ombudsman. Please explain
how WIAL is allowed to hold licences when they are an associate of Vodafone, in violation of
Section 4.3 of the Licence Agreement.”
MBIE has identified five documents that fall within scope of your request, as detailed in the attached
document schedule. Please note that documents involved in the Ombudsman’s investigation have not
been released, as under the Interpretation section of the Act s(2)(1)(i), such communications do not fall
within the scope of the Act.
Please note that some information from the documents being released has been withheld under section
9(2)(a) of the Act, to protect individuals’ privacy. I do not consider the withholding of this information to
be outweighed by other considerations that render it desirable to make it available in the public interest.
In respect of your question regarding how Wellington International Airport Limited (WIAL) is allowed to
hold licences, the explanation is as follows:
In response to a complaint, Radio Spectrum Management (RSM) identified that it made a mistake
when assessing WIAL’s eligibility to hold Managed Spectrum Park (MSP) licences. That mistake related
to the definition of associates, as defined in 12.2 of the MSP licence agreement.
RSM then had to decide whether to allow WIAL to keep the licences that had been issued. After
assessing all of the circumstances, RSM decided to allow the licences to continue.
A complaint about that decision was made to the Ombudsman. After investigation, the Ombudsman
noted the initial mistake but agreed that RSM’s decision to allow WIAL to retain its MSP licences was
justified.
Given our previous correspondence on a related matter, I’d like to add that although the Ombudsman
accepted the decisions RSM made after the initial mistake was identified, nothing in that process gives
MBIE justification to make the same mistake again.
Building, Resources and Markets
Te Puāwai o te Aroha, Pastoral House, 25 The Terrace, Wellington 6011
PO Box 1473, Wellington 6140 New Zealand
E
[email address]
T +64 4 472 0030
W
www.mbie.govt.nz
You will be aware that the MSP was recently subject to public consultation and is currently under review.
RSM will be taking into account feedback made by stakeholders, with a view to potentially making
changes to the allocation process as part of this review.
You have the right to seek an investigation and review by the Ombudsman of my decision to withhold
information relating to this request, in accordance with section 28(3) of the Act. The relevant details can
be found at:
www.ombudsman.parliament.nz.
Yours sincerely
Len Starling
Manager, Radio Spectrum Policy and Planning
Digital, Communications, and Transformation
Document schedule
#
Date
Document
Redaction
grounds
29 October Wellington International Airport Ltd Statutory
1
2019
declaration of eligibility October 2019 N63.pdf
9(2)(a)
30 January
First complaint to Carolyn Tremain, MBIE:
2
2020
Formal Complaint - MSP Notice 63 Process -
Association Rules
9(2)(a)
27
Letter from RSM on behalf of Carolyn Tremain to
3
February
complainant:
Response letter to complainant 27 February 2020 -
2020
MSP Notice 63 Process - Association Rules
9(2)(a)
Second complaint to Carolyn Tremain:
4
3 March
Wellington International Airport Limited -
2020
Managed Spectrum Park - Ineligibility to hold
licenses
Letter from Carolyn Tremain to complainant:
9(2)(a)
5
2 July 2020 Correspondence Out - sent 7 July 2020.pdf
2
Document Outline
