Good evening Garth

Thank you for your enquiry, and I apologise for the time taken to reply
which was affected by staff illness. To address your questions:

·         CFH’s Annual Report provides information on the performance of
Chorus and CFH’s other partners in terms of installing UFB services as
well as the performance of the UFB network. In the 2015 report (available
at
[1]https://www.crownfibre.govt.nz/wp-conten...)
this information is provided on pages 10 and 11. CFH will publish its 2016
Annual Report in coming months.

·         Any communication between CFH and either Chorus or Spark in this
regard is commercially confidential to those companies, and thus is
withheld under section 9(2)(b)(ii) of the OIA.

·         Correspondence between CFH and other Government departments or
Ministers in relation to the performance of specific partners including
Chorus is also commercially confidential to the partners and is thus
withheld under section 9(2)(b)(ii).

 

Regarding contractual penalties, CFH’s contract with Chorus, known as the
Network Infrastructure Project Agreement, is available on CFH’s website at
[2]https://www.crownfibre.govt.nz/crown-par....
The section relating to payments to CFH and Retail Service Providers for
any provisioning service levels not met is Annexure 2. No penalties have
been paid by Chorus to CFH in this regard to date.

 

Chorus has a Wholesale Services Agreement (WSA) with Spark as it does with
other Retail Service Providers. This includes Service Level Agreements
(SLAs) for provisioning UFB services and rebates if certain SLAs are not
met. CFH is not aware of how many SLAs Chorus has met or not met with
Spark under its WSA. Nor is CFH aware of any rebates paid by Chorus to
Spark. These are commercial matters between Chorus and Spark.

 

I trust this assists you.

 

Kind regards,

Rohan MacMahon

 

From: Garth Pennington
<[3][FOI #4009 email]>
Date: 17 May 2016 at 11:24:00 AM NZST
To: OIA requests at Crown Fibre Holdings Limited
<[4][Crown Fibre Holdings Limited request email]>
Subject: Official Information Act request - CFH / Chorus    UFB service
performance targets and results

Dear Crown Fibre Holdings Limited,

I run a website dedicated to advocating on behalf of Spark customers.

We are seeing a large number of complaints regarding Chorus UFB
installation delays and network performance issues.

Looking at the CFH statement of intent, I can see what the performance
targets are that Chorus need to meet  under the title  'UFB service
performance'  in the contract.

We would appreciate it if you could provide us with all information
relevant to the above that relates to:
-  reporting on  'UFB service performance'   by Chorus
-  results of the above reporting
-  copies of any communication between CFH relating to the above with
either
      Chorus , Spark or any government department or minister.

We would also like details of any provisions in any contracts for
penalties should Chorus not meet their contractual obligations  for 'UFB
service performance' and if penalties have been or will be levied.

Yours faithfully,

Garth Pennington
Spark NZ customers deserve better service

[5]www.sparkcomplaints.co.nz
[6][email address]
Portions of these emails and/or your replies may be made available to
other parties or publications.

-------------------------------------------------------------------

This is an OIA request done via the FYI website.

Please do not send progress updates as PDF files.

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[7]https://fyi.org.nz/help/officers

If you find this service useful as an OIA officer, please ask your web
manager to link to us from your organisation's OIA page.

-------------------------------------------------------------------

This email and any attachments are confidential to Crown Fibre Holdings
Limited and may be subject to legal privilege or copyright. If you have
received this email in error, please advise the sender immediately and
delete the email and any attachments from your system. If you are not the
intended recipient, you must not use, distribute, amend, copy or rely on
this email or any attachments. Emails are not secure. They can be
intercepted, amended, lost or destroyed and may contain errors or viruses.
If you communicate with Crown Fibre Holdings Limited by email, you are
taken to accept these risks. Any views expressed in this email are those
of the individual sender, except where the message states otherwise and
the sender is authorised to state them to be the views of Crown Fibre
Holdings Limited.

References

Visible links
1. https://www.crownfibre.govt.nz/wp-conten...
2. https://www.crownfibre.govt.nz/crown-par...
3. mailto:[FOI #4009 email]
4. mailto:[Crown Fibre Holdings Limited request email]
5. http://www.sparkcomplaints.co.nz/
6. mailto:[email address]
7. https://fyi.org.nz/help/officers

hide quoted sections