OC240996
28 August 2024
New Zealand Council for Civil Liberties
[FYI request #28155 email]
Tēnā koe,
I refer to your email sent on 23 August 2024, requesting the following under the Official Information
Act 1982 (the Act):
“….Under section 12(3) of the Official Information Act (the OIA) we request that you treat this
request as urgent. Our reasons for seeking an urgent response are that we need the
requested information in order to participate in the scrutiny of the Land Transport (Drug
Driving) Amendment Bill.
… The Ministry has published a redacted version of its Regulatory Impact Statement (RIS)
on the legislation…. However, it has redacted portions of the RIS on pages 3, 5, 16, 19, 20,
21, and 23. We request an unredacted copy of the RIS.
… Under section 16 of the Official Information Act, our preferences are (a) to receive a copy
of the whole of the document (b) that the information is disclosed in a text searchable format,
either Word or PDF, (c) that it does not have a watermark of ‘Released under the Official
Information Act’ or similar across the text and (d) that it is sent to the email address from
which the Ministry received this request.
…If the Ministry decides that there is 'good reason' under the OIA to withhold any of the
information we are requesting, then under section 19(a)(ii) of the OIA, we further request that
the Ministry provide us with the grounds in support of each withholding reason cited for refusal
and the public interest factors favouring disclosure that the Ministry considered.”
I have reviewed the redactions on the Regulatory Impact Statement titled Legislative Amendments
to Enable Roadside Oral Fluid Testing. While some of the redacted information is being released in
the attached document, I have decided to continue to withhold some information under the following
sections of the Act:
9(2)(b)(ii)
to protect information where the making available of the information would be
likely unreasonably to prejudice the commercial position of the person who
supplied or who is the subject of the information. This information relates to
the estimated cost of tests that will be procured under the legislation. The
public release of this information would likely prejudice the procurement
process.
9(2)(h)
to maintain legal professional privilege
www.transport.govt.nz | www.hei-arataki.nz
HEAD OFFICE: PO Box 3175, Wellington 6140, New Zealand. PH: +64 4 439 9000
AUCKLAND OFFICE: NZ Government Auckland Policy Office, PO Box 106483, Auckland 1143, New Zealand. PH: +64 4 439 9000
9(2)(i)
to enable a Minister of the Crown or any public service agency or organisation
holding the information to carry out, without prejudice or disadvantage,
commercial activities
With regard to the information that has been withheld under section 9 of the Act, I am satisfied that
the reasons for withholding the information at this time are not outweighed by public interest
considerations that would make it desirable to make the information available.
In response to your observation about the Bil ’s consistency with the New Zealand Bil of Rights Act
1990 (BORA), the Attorney-General’s report on this matter is publicly available. The redacted
information does not add anything further, in terms of BORA issues, to those raised in that report.
You have the right to seek an investigation and review of this response by the Ombudsman, in
accordance with section 28(3) of the Act. The relevant details can be found on the Ombudsman’s
websit
e www.ombudsman.parliament.nz
The Ministry publishes our Official Information Act responses and the information contained in our
reply to you may be published on the Ministry website. Before publishing we will remove any
personal or identifiable information.
Nāku noa, nā
Joanna Heard
Manager, Safety
www.transport.govt.nz | www.hei-arataki.nz
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