26 September 2025
Mr Andrew Ecclestone
Via email: [email address]
Dear Mr Ecclestone
Re: Official information act request dated 5 September 2025 for information
regarding the NZSO’s Artistic Advisor and Principal Conductor’s intentions
to collaborate with the Israel Philharmonic Orchestra in concerts in January
2026
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I refer to your official information request dated 5 September 2025 for:
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1) A copy of those parts of Ms New's employment or contractor agreement with
the NZSO that govern her freedom to work with other orchestras.
Wellington
Level 1
2) A copy of those parts of Ms New's employment or contractor agreement with
57 Willis Street
Wellington 6011
the NZSO that govern the Orchestra's ability to control, limit or reject Ms New's
work with other orchestras.
Auckland
Level 3
59-67 High Street
3) Copies of any policies, procedures and guidance that relate to NZSO
Auckland 1010
employees or contractors working with other orchestras.
PO Box 6640
Marion Square
4) A copy of any correspondence, or notes taken in any meeting, where Ms New
Wellington 6141
communicated to the NZSO's management or board her intention to conduct
New Zealand
concerts with the Israel Philharmonic Orchestra.
P +64 4 801 2034
0800 479 674
5) A copy of the NZSO's response to Ms New about her intention to conduct
F +64 4 801 7887
concerts with the Israel Philharmonic Orchestra.
E [NZSO request email]
W nzso.co.nz
6) Copies of all meeting notes from the management and board of the NZSO
where the issue of Ms New conducting the IPO was discussed.
7) Copies of all internal correspondence (emails, memos etc) where the issue
of Ms New conducting the IPO was mentioned.
8) Copies of all correspondence (emails, letters etc) sent by the NZSO to any
government department or minister relating to the issue of Ms New conducting
the IPO, and the replies it received.
9) Copies of notes made at any meetings with any government department or
minister relating to the issue of Ms New conducting the IPO.
Part of the information you requested is enclosed. However, we have decided
to refuse your request for copies of Ms New’s contractor agreement
(information requests 1 – 2) with the NZSO under s(2)(a) and s(2)(b)(ii) of the
Official Information Act. This is to protect Ms New’s privacy and to ensure that
her commercial position is not prejudiced.
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We are also unable to provide any documentation in relation to information
requests 4 – 9 as this information does not exist.
We have enclosed excerpts from our individual employment agreements and
the Players Collective Agreement 1 January 2023 – 31 December 2025 as they
relate to NZSO employees, referenced in information request 3.
NZSO Individual Employment Agreements:
5.3
Secondary Employment
a) The Employee understands and agrees that the Employer has
genuine reasons, based on reasonable grounds, for the inclusion
and potential application of possible restrictions on the
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Employee’s ability to perform for another person during the term of
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this agreement. These genuine reasons may relate to the need to:
Setting Up Camp
National Youth Orchestra
i)
Learn & Engage
Protect the Employer’s commercially sensitive
information;
Wellington
ii)
Protect the Employer’s intellectual property rights;
Level 1
57 Willis Street
iii)
Protect the Employer’s commercial reputation;
Wellington 6011
Auckland
iv)
Protect the Employer’s image and reputation;
Level 3
59-67 High Street
v)
Ensure, as far as is reasonably practicable, the
Auckland 1010
Employee’s health and safety under the Health and Safety
PO Box 6640
at Work Act 2015 or that of other employees;
Marion Square
Wellington 6141
vi)
Prevent a real conflict of interest that cannot be managed
New Zealand
without including a provision of this nature.
P +64 4 801 2034
0800 479 674
b) Should the Employee wish to undertake secondary employment,
F +64 4 801 7887
the Employee must immediately draw this to the Employer’s
E [NZSO request email]
attention and obtain written consent. Where consent is sought in
W nzso.co.nz
relation to performing work for another person during the term of
this agreement, such consent:
i)
Will not be unreasonably withheld; and
ii)
Where it is to be withheld, will be based on one or more of
the reasons set out in clause 5(a) above and will be applied
only to the extent necessary to manage the actual or
potential conflict at issue.
c) The Employee shall notify the Employer of any actual, potential, or
possible conflicts of interest, or business or activity described
above, immediately and agrees to comply with any instructions
issued by the Employer in relation to the matter.
Players Collective Agreement 1 January 2023 – 31 December 2025:
5.1.6
To enable the Employer to monitor and enhance the reputation of the
NZSO, Players are to comply with Clauses 5.1.6a and 5.1.6b. The
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intent of this clause is to assist the NZSO in advocating for the wider
contribution its players make to the musical life of Aotearoa New
Zealand, including in performance, education and other community
building activities. This contribution already plays an important role in
gaining funding for the orchestra. NZSO needs to continue to secure
and develop recognition of this contribution by players. The
information you provide on the Other Work register will be used solely
for these purposes.
5.1.6a Players will notify the Employer of any paid musical work, ad
hoc or ongoing, for the Employers via the Other Work register
as devised and maintained in consultation with the Players
Committee.
5.1.6b Players will use their best endeavours to advise the Employer
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of relevant paid work.
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National Youth Orchestra
5.1.7
Where such work would make the Player unavailable for actual or
Learn & Engage
potential NZSO activity (for example via a Schedule Change), a leave
application is required and the following principles apply:
Wellington
Level 1
• At least 28 days’ notice is required for leave
57 Willis Street
Wellington 6011
• Leave is needed to secure the dates for a Player to ensure the
Player is unavailable for any actual or potential NZSO activity
Auckland
Level 3
• Leave will only be processed if a scheduling conflict arises
59-67 High Street
Auckland 1010
5.1.8
Players shall not undertake any work that may reflect adversely on the
PO Box 6640
Employer.
Marion Square
Wellington 6141
5.1.9
Players will not compromise their health and safety and artistic
New Zealand
standards if undertaking any other employment activity.
P +64 4 801 2034
0800 479 674
5.1.10 Where a Player is employed by, or works with, a third party for any
F +64 4 801 7887
purpose, the Player must ensure, to the best of their ability, that their
E [NZSO request email]
W nzso.co.nz
association with the NZSO is not leveraged in any way that is
unfavourable to the Employer.
You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
Michelle Parry
Senior Manager: People & Culture
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