Hon Simeon Brown
MP for Pakuranga
Min
ister for Energy
Minister for Auckland
Min
ister of Local Government
Deputy Leader of the House
Min
ister of Transport
12 February 2024
Ben
[FYI request #25365 email]
Dear Ben
Thank you for your email of 9 January 2024 requesting the following information under the
Official Information Act 1982 (the Act):
Please provide a copies of any instructions you have given to Waka Kotahi, or any
communications with it, in relation to road maintenance (including state highway
maintenance).
Also provide all advice received by yourself in relation to road maintenance (including
state highway maintenance).
In regard to the first part of your request, I wrote to the NZ Transport Agency Waka Kotahi
(NZTA) Acting Board Chair on 11 December 2023, signalling my expectations for NZTA,
including my general expectation that NZTA primarily focus on its core business, such as
road maintenance. The remainder of this letter is not considered to be in scope of your
request.
Advice that I have received from NZTA and the Ministry of Transport in regard to road
maintenance and my decision on the release of each document is outlined in the attached
document schedule.
I am withholding six documents in full under section 9(2)(f)(iv) of the Act to maintain the
constitutional conventions for the time being which protect the confidentiality of advice
tendered by Ministers of the Crown and officials.
Contact details are withheld under section 9(2)(a) of the Act to maintain the privacy of natural
persons.
I am also refusing two documents under section 18(d) of the Act, as the information
requested is publicly available.
With respect to the information that has been withheld, I do not consider there are any other
factors which would render it desirable, in the public interest, to make the information
available.
Under section 28 of the Act, you have the right to ask the Ombudsman to review my decision
to withhold some information and partially refuse your request. The contact details for the
Ombudsman can be located at www.ombudsman.parliament.nz.
Yours sincerely
Hon Simeon Brown
Minister of Transport
OIA24-041 Document Schedule
Ref
Document
Date
Decision on release
1.
BRI-2887 State
30 November
Out of scope information removed. Contact
Highway Asset
2023
details withheld under section 9(2)(a) of the
Condition and
Act.
Maintenance
2.
MIN-4332 Road
30 November
Released in full.
Maintenance
2023
3.
MINO-918 Road
7 December
Refused under section 18(d) as this is
Maintenance
2023
publicly available at
https://www.nzta.govt.nz/about-us/official-
information-act/proactive-releases#2023.
4.
MIN-4335 Potholes
8 January
Released in full.
and Road Maintenance 2024
5.
NZTA Briefing to the
Refused under section 18(d) as this is
Incoming Minister
publicly available at
https://www.nzta.govt.nz/resources/briefing-
for-incoming-minister/.
6.
OC230611 Cost
28 November
Withheld in full under section 9(2)(f)(iv) of
Pressures in the Land
2023
the Act.
Transport System
7.
OC230887 Seeking
28 November
Withheld in full under section 9(2)(f)(iv) of
Direction on Draft GPS 2023
the Act.
2024
8.
OC230889 Tier 2 BIM:
Withheld in full under section 9(2)(f)(iv) of
Government Policy
the Act.
Statement on land
transport 2024
9.
OC231033 Strategic
8 December
Withheld in full under section 9(2)(f)(iv) of
Priorities, Proposed
2023
the Act.
Activity Classes,
Funding Ranges, and
Pre-Commitments
10.
GPS 2024 Discussion,
12 December
Withheld in full under section 9(2)(f)(iv) of
Including Additional
2023
the Act.
Information on Activity
Class Expenditure
11.
OC231060 Initial Draft
21 December
Withheld in full under section 9(2)(f)(iv) of
of the Government
2023
the Act.
Policy Statement on
land transport 2024