PO Box 14001
Christchurch 8544
New Zealand
Telephone (+64 3) 358 5029
christchurchairport.co.nz
28 August 2023
Mike Moody
Email: [FYI request #23650 email]
Tēnā koe Mike,
OFFICIAL INFORMATION ACT 1982 (OIA) – REQUESTS FOR INFORMATION -
CHRISTCHURCH INTERNATIONAL AIRPORT LIMITED (CIAL)
1.
We write further to our email of 2 August 2023, acknowledging receipt of your OIA
request of 31 July 2023 seeking the following information (if held by CIAL) in relation
to the proposed Central Otago airport project:
Request: Received 31 July 2023 – Board papers and minutes relating to
Tarras Airport
“Please provide all strategy documents, emails, memos and aide memoirs relating to
engagement strategies with the Tarras community, individuals or groups that are
Tarras based including the strategy document referred to at the Wanaka Ignite
meeting and reported by ODT 28 June 2023.”
2.
The OIA permits an organisation to refuse to release requested information it holds if
the withholding of such information is necessary to enable the organisation to carry
out its commercial activities or negotiations without prejudice or disadvantage (s 9(i)
and s9(j) OIA) provided that such withholding is not outweighed in the circumstances
by the public interest in making the specific information available. For example, while
it may be in the public interest to understand that CIAL is investigating the feasibility
of establishing an airport in Central Otago that does not mean CIAL must share every
detail of its analysis, work or negotiations within specific work streams.
3.
CIAL is a council-controlled trading organisation that has been specifically established
to operate and manage its business as an independent commercial undertaking for
the purposes of making a profit, and to follow generally accepted commercial practices
and disciplines. CIAL is not a public body collecting and spending public funds. It
operates as a wholly commercial, standalone entity. Due to the size and scale of those
activities it is one of only three major airports in New Zealand regulated under Part 4
of the Commerce Act.
4.
As an airport CIAL has a further overriding obligation under the Airport Authorities Act
to act as a commercial undertaking. It does so in a commercially competitive
environment both domestically and internationally, where its competitors are not
under corresponding disclosure requirements. The proposed Central Otago airport
project is a complex commercial activity, acknowledged as being in competition with
the interests of other airports within New Zealand.
5.
In respect of your request, we respond in two parts as follows:
Request:
(a)
“Please provide all strategy documents, emails, memos and aide memoirs relating
to engagement strategies with the Tarras community, individuals or groups that
are Tarras based”
Information on CIAL’s approach to engagement can be found at its dedicated Project
web-site at https://www.centralotagoairport.co.nz/. CIAL is under no legal obligation
to consult in relation to the Project or otherwise publicly engage at present. To assist
public understanding of the context of the Project and CIAL's decisions, CIAL has
committed to respectfully engaging with the community and proactively publishing
information as it completes pieces of work. To date, CIAL has also met with a number
of different individuals and entities, including specific representatives of community
groups, business groups, businesses, and local authorities. CIAL is confident that
where there has been a reasonable request to meet, it has done so in line with its
approach to engagement described above and its statutory requirements.
The release of CIAL’s internal plans, strategies and methodologies may disadvantage
CIAL’s ability to carry out its commercial activities in relation to the Project.
Accordingly, this information is withheld under Section 9(2)(i) of the OIA.
(b)
“including the strategy document referred to at the Wanaka Ignite meeting and
reported by ODT 28 June 2023”
CIAL is unaware of the ‘strategy document’ that you are referring to. Furthermore,
we have been unable to find any report by Otago Daily Times dated 28 June 2023 that
refers to the same. We note that Mr Boswell did attend a Wanaka Chamber of
Commerce event on 27 July 2023 and we attach a copy of the article that was reported
in the Otago Daily Times on 28 July 2023. You will note that no such document is
referred to in this article and therefore we now conclude your query.
6.
We trust we have answered your requests for information. If you require any further
information or we have in some way misinterpreted your requests, please let us know.
7.
You have the right to seek an investigation and review by the Ombudsman of the
decisions contained in this letter. Information about how to contact the Ombudsman
or make a complaint is available at www.ombudsman.parliament.nz or freephone
0800 802 602.
Yours sincerely
CIAL LEGAL TEAM
Email: [Christchurch International Airport Limited request email]
