Dear New Zealand Transport Agency,
This is a request for the names of key decision makers on the Ngā Ūranga to Pito-One Shared Cycle way project.

Please provide the names of the persons assigned to the following (or equivalent) roles:
• Project Sponsor
• Project Director
• Project Manager
• Lead Designer
The request for names includes any employed to undertake work for the NZTA regardless of the contractual arrangements.

This is a repeat of a request for the same information within the request titled "Ngā Ūranga to Pito-One Shared Cycle way Drawings and Safety Documentation" dated 7 Dec 2022 made via the fyi.org.nz website.

My previous request included the names of the persons assigned to leading roles in the project. In your response you stated "I am withholding the identities of external contractors under section 9(2)(a) of the Act." Your reliance on this section of the Act is not consistent with the Act or the Ombudsman's guidance. Neither the Act or Guidance define or refer to “external contractors”. The Act is indifferent to the nature of the employment contract under which any work is completed.

The Ombudsman "Guide: Names and contact details of public sector employees" includes the advice:

“The Ombudsman’s general position is that there is usually no basis for withholding staff names if all that would be revealed is what they did in their official capacity—‘New Zealand does not have a tradition of an anonymous public service’ .”

And

“While this guide refers to ‘public sector employees’, meaning employees of Ministers and agencies subject to the OIA or LGOIMA, it is also relevant to public sector contractors who are individuals.” .

The primary purpose of this request is for official information. The secondary purpose is to seek specific guidance from the Ombudsman, assuming any names in the response to this request are redacted or if the request is declined.

Yours faithfully,

Darren Conway

Dear Jackie Smith

Thank you for the information provided to date that satisfies part of my requests for information.
My requests were for the names of persons assigned to key roles in the project. I have no interest in their employment status or contractual arrangements that may link them to their work on the project.

I have reviewed Official Information Act 1982, specifically including s.18 and referenced sections. I am unable to find any section that would support refusal based on employment status or contractual linkage. I can only assume that the information sought (the names of people assigned to key roles) is held by NZTA.

I note that the response included the reason for refusal in accordance with s.19.1.(i).
I request either:
• all of the information requested or,
• the grounds in support of the reason for refusal in accordance with s.19.1.(ii).

The original request for information remains extant.

Yours sincerely,

Darren Conway