OIA 22.214 Response Letter 4758311.2.pdf

OIA Res ponse Letter
21 August 2023
Bob Jones

By email only: [FYI request #23249 email]
Dear Bob
Official Information Act #22.214 – Response – tranche one
1.
We refer to your request received on 23 June 2023 for information about the
Commission’s draft data request into the Rural Connectivity Study, specifically:
1.1
all internal communications within the Commerce Commission as well as any
communications/discussions held with the Privacy Commissioner/Crown
law/other 3rd parties involved with the RCS/inhouse counsel/legal advisers
with regards to the scope of the data collection, privacy implications of
collecting the data requested within the draft data request and plans to
dispose of or retain the data after the completion of the RCS for any future
use.
2.
On 19 July 2023, the Commission extended the time limit by which we must make a
decision on your request to 21 August 2023.
3.
We have treated this as a request for information under the Official Information Act
1982 (OIA).
Our response
4.
We have decided to grant your request.
5.
The Commission did not engage with the Privacy Commissioner or Crown Law for the
Rural Connectivity Study (RCS). Therefore, we are declining that part of your request
under section 18(e) of the OIA because the information does not exist.
6.
In response to the remainder of your request, we are releasing a set of documents to
you as “tranche one”. This information is listed in Appendices A-C.
7.
We continue to prepare the rest of the documents for release to you. These will be
sent without undue delay as “tranche two”.
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Documents
8.
The documents we are releasing to you have been split into three parts:
8.1
Internal communications about the scope of the data collection (Appendix A)
8.2
Internal communications about the privacy implications of the data collection
(Appendix B)
8.3
Communications with third parties involved in the RCS in relation to the
scope of data collection and privacy implications (Appendix C).
9.
We consider good reasons exist to withhold certain information:
9.1
under section 9(2)(a) of the OIA because withholding of the information is
necessary to protect the privacy of natural persons; and
9.2
under section 9(2)(b)(ii) of the OIA because the withholding of the
information is necessary to protect information where the making available
of the information would likely unreasonably to prejudice the commercial
position of the person who supplied or who is the subject of the information;
and
9.3
under section 9(2)(h) of the OIA to maintain legal professional privilege.
10.
We consider that good reasons exist for withholding certain information under
section 9 and this is not outweighed by other considerations which would make it
desirable, in the public interest, to make the information available (section 9(1) of
the OIA).
Further information
11.
If you are not satisfied with the Commission's response to your OIA request, section
28(3) of the OIA provides you with the right to ask an Ombudsman to investigate and
review this response. However, we would welcome the opportunity to discuss any
concerns with you first.
12.
Please note the Commission will be publishing this response to your request on its
website. Your personal details will be redacted from the published response.
13.
Please do not hesitate to contact us at [Commerce Commission request email] if you have any
questions about this request.
Yours sincerely

Chantellie Lye
OIA and Information Coordinator

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Appendix A
Document number
Date
Document
Redactions
CC.00000116.0001
3 November 2022
Scoping workshop
No redactions
notes. Attachment
to CC.00000116
CC.00000116
9 November 2022
Email
No redactions
CC.00000287
11 April 2023 to 12
Emails
No redactions
April 2023
CC.00000029
12 April 2023 to 19
Emails
No redactions
April 2023
CC.00000245
12 April 2023 to 27
Emails
No redactions
April 2023
CC.00000052
28 April 2023
Email
No redactions
CC.00000077
2 May 2023
Email
No redactions
CC.00000077.0001
Undated
Attachment to
No redactions
CC.00000077
CC.00000024
2 May 2023 to 3
Emails
s 9(2)(h) of the OIA
May 2023
CC.00000043
9 May 2023 to 12
Emails
No redactions
May 2023
CC.00000043.0001
Undated
Terms of Reference. No redactions
Attachment to
CC.00000043
CC.00000065
9 May 2023 to 19
Emails
No redactions
May 2023
CC.00000056
9 May 2023 to 12
Emails
No redactions
May 2023
CC.00000056.0001
Undated
Attachment to
No redactions
CC.00000056
CC.00000199
9 May 2023 to 15
Emails
No redactions
May 2023
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Appendix A
Document number
Date
Document
Redactions
CC.00000227
9 May 2023 to 19
Emails
No redactions
May 2023
CC.00000271
2 June 2023
Emails
No redactions
CC.00000026
8 June 2023 to 19
Emails
No redactions
June 2023
CC.00000257
8 June 2023 to 19
Emails
No redactions
June 2023
CC.00000330
20 June 2023
Emails
No redactions
CC.00000330.0001
Undated
Attachment to
No redactions
CC.00000330

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Appendix B
Document number
Date
Document
Redactions
CC.00000013
2 June 2023
Email
No redactions
CC.00000095.0001
13 June 2023 to 26
Emails
s 9(2)(h) of the OIA
June 2023
CC.00000035
13 June 2023 to 14
Emails
s 9(2)(h) of the OIA
June 2023
CC.00000292
14 June 2023 to 15
Emails
s 9(2)(h) of the OIA
June 2023
CC.00000134
22 June 2023
Emails
s 9(2)(h) of the OIA

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Appendix C
Document number
Date
Document
Redactions
CC.00000008
12 May 2023
Email from Chorus
s 9(2)(a) and s
9(2)(b)(ii) of the OIA
CC.00000304
15 June 2023 to 21
Emails between the
No redactions
June 2023
Commission and
Tuatahi First Fibre
CC.00000215
22 June 2023 to 30
Emails between the
No redactions
June 2023
Commission and
Uber
CC.00000088
22 June 2023 to 3
Emails between the
No redactions
July 2023
Commission and
Tuatahi First Fibre
CC.00000217
29 June 2023 to 10
Emails between the
s 9(2)(a) of the OIA
July 2023
Commission and
Vector

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