PO Box 14001
Christchurch 8544
New Zealand
Telephone (+64 3) 358 5029
christchurchairport.co.nz
6 September 2023
Bettina Meyer
Email: [FYI request #23758 email]
Tēnā koe Ms Meyer
OFFICIAL INFORMATION ACT 1982 (OIA) – REQUEST FOR INFORMATION -
CHRISTCHURCH INTERNATIONAL AIRPORT LIMITED (CIAL)
1.
We write further to our email of 10 August 2023, acknowledging receipt of your OIA
request (the
Request) of 09 August 2023 to CIAL seeking the following information:
Request - Received 09 August 2023 – Dealings with Aurora
“Please supply me with copies of correspondence with Aurora Energy Limited, plus
meeting dates, agendas, minutes and notes”.
2.
From the outset, please note that CIAL will provide you with the requested information
where it is able. 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.
At present, CIAL is under no legal obligation to consult in relation to the Central Otago
Airport Project (the
Project). To assist public understanding of the context of the
Project and CIAL’s decisions, CIAL has committed to, and does, proactively publish
information as it completes pieces of work which is likely to be in the public interest
to
receive
on
its
dedicated
Project
web-site
at
https://www.centralotagoairport.co.nz/. Until work is completed, it is not capable of
being released. Over time this will see more information voluntarily released. In such
instances the public interest test will have been considered and weighed up as part of
the decision whether to release information or not. Equally, each OIA query CIAL
receives will be assessed on a case by case basis given the particular given facts and
circumstances at play at that time.
4.
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.
5.
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 Project is a complex commercial
activity, acknowledged as being in competition with the interests of other airports
within New Zealand.
6.
We respond to your Request as follows:
Request:
“Please supply me with copies of correspondence with Aurora Energy Limited, plus
meeting dates, agendas, minutes and notes”.
The following meetings have been held between CIAL and Aurora Energy Limited
(
Aurora):
July 2022
Meeting with Aurora
June 2023
Meeting with Aurora
CIAL does not hold any agendas, minutes or notes.
With the exception of emails (i) of an administrative nature between Aurora and CIAL
to organise the meetings, and (ii) relating to the removal of trees on land owned by
CIAL at Tarras no correspondence is held by CIAL. The latter email chain contains
information in relation to the tenant of that property and to protect their privacy and
enable CIAL to carry on commercial activities, without prejudice or disadvantage, is
withheld under Section (9)(2)(a) and 9(2)(j) of the OIA.
7.
We trust we have answered your Request for information. If you require any further
information or we have in some way misinterpreted your requests, please let us know.
8.
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.
Ngā mihi
CIAL LEGAL TEAM
Email: [Christchurch International Airport Limited request email]