Tēnā koe F. Jones

I acknowledge receipt of your request for information about Crown entity monitoring. We will endeavour to respond to your request as soon as possible and in any event no later than 20 working days after the day your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

Ngā mihi

Ministerial Services
Organisational Performance
www.hud.govt.nz | 7 Waterloo Quay, Pipitea, Wellington 6011

[UNCLASSIFIED]

-----Original Message-----
From: F. Jones <[FOI #19179 email]>
Sent: Wednesday, 20 April 2022 10:26 am
To: OIA Requests <[email address]>
Subject: Official Information request - Crown entity monitoring

Dear Ministry of Housing and Urban Development,

I wish to request - under the Official Information Act - a copy of:
- all reports and/or advice commissioned by the Ministry in relation to its Crown entity monitoring function since 1 January 2021; and
- the framework(s) currently used by the Crown entity monitoring team to assess the performance of Kainga Ora Homes and Communities.

Yours faithfully,
F. Jones

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

Please use this email address for all replies to this request:
[FOI #19179 email]

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This email is confidential and solely for the use of the intended recipient. If you have received this email in error, then any use is strictly prohibited. Please notify us immediately and delete all copies of this email and any attachments. Any opinions expressed in this message are not necessarily those of the Ministry of Housing and Urban Development.

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Dear F Jones,

 

Please find attached the response to your Official Information Act 1982
(the Act) request of 20/04/22:

 

I wish to request - under the Official Information Act - a copy of:

•             all reports and/or advice commissioned by the Ministry in
relation to its Crown entity monitoring function since 1 January 2021; and

•             the framework(s) currently used by the Crown entity
monitoring team to assess the performance of Kainga Ora Homes and
Communities.

 

As with all requests, 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 [1]www.ombudsman.parliament.nz  or freephone
0800 802 602.

 

Regards

 

Ministerial Services
                                                                                                                                                

Organisational Performance

[2]www.hud.govt.nz | 7 Waterloo Quay, Pipitea, Wellington 6011

 

-----Original Message-----
From: F. Jones <[FOI #19179 email]>
Sent: Wednesday, 20 April 2022 10:26 am
To: OIA Requests <[email address]>
Subject: Official Information request - Crown entity monitoring

 

Dear Ministry of Housing and Urban Development,

 

I wish to request - under the Official Information Act - a copy of:

- all reports and/or advice commissioned by the Ministry in relation to
its Crown entity monitoring function since 1 January 2021; and

- the framework(s) currently used by the Crown entity monitoring team to
assess the performance of Kainga Ora Homes and Communities.

 

Yours faithfully,

F. Jones

 

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

 

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

 

Please use this email address for all replies to this request:

[3][FOI #19179 email]

 

Is [4][HUD request email] the wrong address for Official Information requests
to Ministry of Housing and Urban Development? If so, please contact us
using this form:

[5]https://aus01.safelinks.protection.outlo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]https://aus01.safelinks.protection.outlo...

 

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.

 

 

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[IN-CONFIDENCE:RELEASE EXTERNAL]

 

 

Disclaimer

 

This email is confidential and solely for the use of the intended
recipient. If you have received this email in error, then any use is
strictly prohibited. Please notify us immediately and delete all copies of
this email and any attachments. Any opinions expressed in this message are
not necessarily those of the Ministry of Housing and Urban Development.

References

Visible links
1. http://www.ombudsman.parliament.nz/
2. http://www.hud.govt.nz/
3. mailto:[FOI #19179 email]
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6. https://aus01.safelinks.protection.outlo...

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Dear F. Jones

Thank you for your email to Te Tûâpapa Kura Kâinga – Ministry of Housing and Urban Development (the Ministry) dated 19 May 2022, regarding our recent response to your OIA request.

You have expressed your opposition to our decision to withhold one document in full, titled Large Scale Projects Cost Validation, under section 9(2)(b)(ii), and the title of another under section 9(2)(f)(iv).

I have detailed the reasoning for each decision below:

The decision to withhold the document titled Large Scale Projects Cost Validation in full under section 9(2)(b)(ii) was made because the document provides detailed information about land development and infrastructure costs, as well as revenue breakdowns for these large-scale projects. Releasing this commercially sensitive information would significantly undermine Kâinga Ora’s ability to negotiate with its Alliance and Build partners, as it would negatively influence the costings provided by them. We believe this risk outweighs the public interest in releasing the document to you.

The decision to withhold the title of one paper under section 9(2)(f)(iv) was made as the report will be used to support policy decisions that have not yet been made, and we do not believe the public interest in this title outweighs the need to withhold it, as releasing the title would undermine the confidentiality of advice tendered that remains subject to active consideration.

If you are unsatisfied with our decision, I encourage you to seek an investigation and review by the Ombudsman, as is your right under section 28(3) of the Act.

Kind regards

Ministerial Services
Organisational Performance
[email address]
www.hud.govt.nz | Level 6, 7 Waterloo Quay, Wellington City 6011

[IN-CONFIDENCE:RELEASE EXTERNAL]

-----Original Message-----
From: F. Jones <[FOI #19179 email]>
Sent: Thursday, 19 May 2022 11:33 am
To: OIA Requests <[email address]>
Subject: Re: Official Information request - Crown entity monitoring

Dear Ministry of Housing and Urban Development,

I wish to make a complaint against the Ministry, in relation to the OIA response received recently (DOIA21/22040730 refers).

My original request (dated 19 April 2022) asked for all reports and/or advice commissioned by the Ministry in relation to its Crown entity monitoring function since 1 Jan 2021, and the framework(s) currently used by the Crown entity monitoring team to assess the performance of Kainga Ora Homes and Communities.

My complaint is in relation to the documents withheld:
- Large Scale Projects Cost Validation (Aug 2021), withheld under section 9(2)(b)(ii) of the OIA
- Title withheld (May 2022), withheld under section 9(2)(f)(iv) of the OIA.

I am challenging the basis upon which the Large Scale Projects Validation report/briefing is withheld in full under section 9(2)(b)(ii) of the Act, i.e. to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. There is a strong public interest in the transparency and accountability being applied to Kainga Ora large scale projects given the multi-billions of taxpayers dollars involved, so I find it hard to believe that - even if some parts of the report/briefing may prejudice the commercial position of Kainga Ora - this outweighs the public interest of release. I would also strongly argue, albeit without having seen the report/briefing, that at least some of the content is not commercially sensitive. Please review the decision for these reasons.

I am also challenging the basis upon which the title and report/briefing dated May 2022 are withheld in full under section 9(2)(f)(iv) of the Act, i.e. to maintain the constitutional conventions for the time being which protect the confidentiality of advice tendered by Ministers of the Crown and officials. I cannot understand how the title can be legitimately withheld under section 9(2)(f)(iv) of the Act AND that this decision outweighs the public interest test. Unless the Ministry provides me with the title and/or a date when the associated report/briefing will be available for release under the OIA, I am minded to submit a complaint to the Ombudsman.

I look forward to your timely response to this complaint.

Yours faithfully,

F. Jones

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Please use this email address for all replies to this request:
[FOI #19179 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://aus01.safelinks.protection.outlo...

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.

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

Disclaimer

This email is confidential and solely for the use of the intended recipient. If you have received this email in error, then any use is strictly prohibited. Please notify us immediately and delete all copies of this email and any attachments. Any opinions expressed in this message are not necessarily those of the Ministry of Housing and Urban Development.

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