21 April 2023
45 Pipitea Street, Thorndon, Wel ington 6011
PO Box 805, Wel ington
Phone 04 495 7200
Nick Smale
Email
[email address]
[FYI request #22054 email]
dia.govt.nz
Tēnā koe Nick,
Your Official Information Act 1982 request, reference OIA 22/23-0640
I am responding to your email of 10 March 2023 to Te Tari Taiwhenua | the Department of
Internal Affairs. With reference to the report entitled
Report on Liquor Licensing Trusts
acting as Management Service Providers in the C4 Sector dated 31 March 2017, you
requested:
“I'm interested to know what subsequently occurred in relation to the issues
highlighted in this paper.
Please provide me with the fol owing information:
1. The minutes of the Board meeting at which the document mentioned above
was considered.
2. Documents (such as reports / advice / updates / memos etc) that record what
actions were taken subsequent to the abovementioned paper.
If it is easier, I would be happy to receive a summary that simply outlines the decision
taken by the board and the actions that were subsequently taken by the Department.
I'd also appreciate if you can review the "Report on Liquor Licensing Trusts acting as
Management Service Providers in the C4 Sector" dated 31 March 2017; and determine
if the grounds for the redactions are stil relevant or whether any more of the document
can be released”
Te Tari Taiwhenua has located six documents which fal within scope of your request. These
date from April 2017 to June 2021. The six documents are listed in date order at
Appendix A.
I am releasing these documents to you with some information withheld under the fol owing
sections of the Act:
• 9(2)(b)(ii), 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;
• 9(2)(ba)(i), to protect information which is subject to an obligation of confidence or
which any person has been or could be compel ed to provide under the authority of
any enactment, where the making available of the information would be likely to
prejudice the supply of information, and it is in the public interest that such
information should continue to be supplied;
• 9(2)(g)(i), to maintain the effective conduct of public affairs through the free and
frank expression of opinions by or between or to Ministers of the Crown ; and
• 9(2)(h), to maintain legal professional privilege.
Some information has also been redacted from documents one and two, as the information
is out of scope of your request.
As is required by section 9(1) of the Act, I have considered whether the grounds for
withholding information from the documents are outweighed by other public interest
considerations which would make it desirable to make this information available. In this
instance, I do not consider that to be the case.
Regarding the previously released document
Report on Liquor Licensing Trusts acting as
Management Service Providers in the C4 Sector, I have considered whether information
withheld in the previous release of this document can now be released. I have determined
that the withholding grounds stil stand, as the need to withhold is not outweighed by other
public interest considerations in favour of release.
You have the right, under section 28(3) of the Act, 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.
We intend to publish our response to your request on www.dia.govt.nz. This letter, with
your personal details removed, will be published in its entirety. Publishing responses
increases the availability of information to the public and is consistent with the Act’s
purpose of enabling more effective participation in the making and administration of laws
and policies and promoting the accountability of Ministers and officials.
Nāku noa nā
Anita Balakrishnan
Tumuaki | Director Ministerial, Monitoring, and Capability
Appendix A – List of documents within scope
# Title
Date
Decision (release, partial Withholding
release, refusal)
grounds
1. Action Points – Outcomes and Advisory Board Meeting
10 April 2017
Partial release
Out of scope;
9(2)(g)(i)
2. Agenda – Outcomes and Advisory Board Meeting
10 April 2017
Partial release
Out of scope;
9(2)(h)
3. OAB paper - Communications with Licensing Trusts over MSP related issues
8 May 2017
Partial release
9(2)(ba)(i);
9(2)(g)(i);
9(2)(h)
4. OAB Memo – Licensing Trusts acting as Management Service Providers for Class 4
1 September 2017 Partial release
9(2)(b)(ii)
gaming societies
5. Report – Analysis of Masterton Community Trust Non-Compliance
June 2021
Partial release
9(2)(h)
6. Memo to GLT – Trust House Foundation Class 4 Operator’s License Renewal
29 June 2021
Release in full
Nil
