Information concerning SwipeHQ, Bank of New Zealand and SmartPay
Manhattan Trust made this Official Information request to Commerce Commission
This request has been reported as needing administrator attention (perhaps because it is vexatious, or a request for personal information)
From: Manhattan Trust
Dear Commerce Commission,
Please provide full disclosure of any correspondence or information the Commerce Commission has received in relation to SwipeHQ, Bank of New Zealand, BNZ PayClip and SmartPay.
I wish to know all issues that were raised with the Commerce Commission concerning the above mentioned parties.
Yours faithfully,
Manhattan Trust
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
From: Commerce Commission OIA Requests
Commerce Commission
Dear Manhattan Trust
Thank you for your request. Please provide evidence of your eligibility
under section 12 of the OIA to make this request. The eligibility
requirements are:
· a New Zealand citizen; or
· a permanent resident of New Zealand; or
· a person who is in New Zealand; or
· a body corporate which is incorporated in New Zealand; or
· a body corporate which is incorporated outside New Zealand but
which has a place of business in New Zealand
Feel free to send this through directly to [1][Commerce Commission request email] if you do
not want it published on FYI.
Kind regards,
Rosie
Rosie Brown
Information Advisor
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[2]twitter-bird-16x16Follow us on Twitter [3]@NZComCom
show quoted sections
From: Manhattan Trust
Dear Commerce Commission OIA Requests,
Manhattan trust is a New Zealand trust the trustees of which are natural persons, all of whom are New Zealand citizens.
I will be happy to provide sufficient documentary evidence but clearly that will have to be done outside the public forum.
Please advise the most appropriate method to suffice your concern...
Yours sincerely,
Manhattan Trust
From: Commerce Commission OIA Requests
Commerce Commission
Dear Manhattan Trust
We refer to your Official Information Act 1982 (OIA) request of 7
September 2018 for any correspondence or information the Commerce
Commission has received in relation to SwipeHQ, Bank of New Zealand, BNZ
PayClip and SmartPay.
Could you please confirm whether you are seeking correspondence or
information the Commission has received in relation to Bank of New Zealand
(generally), or correspondence or information the Commission has received
in relation to Bank of New Zealand in respect of SwipeHQ, BNZ PayClip or
SmartPay?
The former would be a substantial exercise for the Commission and, in
order to limit the exercise for the Commission and ensure you receive the
most relevant information, if would be helpful if you could consider
whether you can narrow the scope, for instance to a category (or
categories) of documents and/or a date range.
We are happy to have a discussion with you about the way/s in which you
could narrow this request, or if that is not possible, other ways in which
we might be able to make the exercise more manageable for the Commission,
such as charging for the material or a staged release of the information.
Also, as requested in our email of 7 September, please provide evidence of
your eligibility to make this request under the OIA.
Kind regards,
Rosie
show quoted sections
From: Manhattan Trust
Dear Commerce Commission OIA Requests,
Regarding your message on the 7th of september, I had responded to it stating that the trustees are all Nee Zealand citizens and that relevant documents could be provided to support this but it should not be done as part of this public thread. Please provide an email address or a phone number for me to contact and provide the relevant material for this specific requirement to be fulfilled.
Furthermore, I am interested in the latter which is correspondence or information specifically about SwipeHQ, BNZ Payclip and Smartpay.
Awaiting your response...
Yours sincerely,
Manhattan Trust
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for your email. Apologies, we did not receive a notification that our email had been replied to.
FYI strips out email addresses from its messages. Please email directly oia AT comcom DOT govt DOT nz. If this does not work, you can find our OIA contact email on our website, under About Us, Requesting Official Information.
Kind regards,
Rosie
show quoted sections
From: Manhattan Trust
Dear Commerce Commission OIA Requests,
I have sent my passport copy by email to you just now. Please confirm if all is in order.
Yours sincerely,
Manhattan Trust
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
From: Manhattan Trust
Dear Commerce Commission,
I see that the website says: This request has an unknown status. We're waiting for Manhattan Trust to read a recent response and update the status.
I note an email from you acknowledging my email whereby I provided evidence to suffice the eligibility concern raised in your email dated the 7th setember.
Can you please confirm that you have everything you need from me and update the status of this request accordingly?
Yours faithfully,
Manhattan Trust
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
From: Commerce Commission OIA Requests
Commerce Commission
Dear Manhattan Trust
Thank you for your email. I can confirm we have received what we required
from you, and will respond to your OIA request by 12 October 2018.
Kind regards,
Rosie
Rosie Brown
Information Advisor
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
--------------------------------------------------------------------------
From: Manhattan Trust <[FOI #8631 email]>
Sent: Tuesday, 25 September 2018 10:03 AM
To: Commerce Commission OIA Requests
Subject: Re: Official Information request - Information concerning
SwipeHQ, Bank of New Zealand and SmartPay
Dear Commerce Commission,
I see that the website says: This request has an unknown status. We're
waiting for Manhattan Trust to read a recent response and update the
status.
I note an email from you acknowledging my email whereby I provided
evidence to suffice the eligibility concern raised in your email dated the
7th setember.
Can you please confirm that you have everything you need from me and
update the status of this request accordingly?
Yours faithfully,
Manhattan Trust
show quoted sections
From: Commerce Commission OIA Requests
Commerce Commission
image001.png
1K
Download
OIA 18.058 SwipeHQ BNZ PayClip SmartPay extension.pdf
190K
Download
View as HTML
Dear Manhattan Trust
Please find attached a letter from the Commerce Commission regarding your
Official Information Act request.
Kind regards,
Rosie
Rosie Brown
Information Advisor
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[1]twitter-bird-16x16Follow us on Twitter [2]@NZComCom
References
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2. http://www.twitter.com/NZComCom
From: Commerce Commission OIA Requests
Commerce Commission
image001.png
1K
Download
OIA 18.058 SwipeHQ BNZ PayClip SmartPay response letter.pdf
224K
Download
View as HTML
Dear Manhattan Trust
Please find attached the Commerce Commission’s response to your Official
Information Act request.
Kind regards,
Rosie
Rosie Brown
Information Advisor
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[1]twitter-bird-16x16Follow us on Twitter [2]@NZComCom
References
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2. http://www.twitter.com/NZComCom
From: Manhattan Trust
Dear Commerce Commission OIA Requests,
Thank you for granting the request and providing the information . As is clear from the documents you have provided, significant portions of highly relevant information requested has been redacted for the reasons you have mentioned in your letter. I welcome the opportunity to have a discussion with the Commerce Commission to see how the redacted information can be released without me getting the Ombudsman involved.
Please suggest a few dates and times as soon as possible for a meeting at your offices so progress can be made and the information requested can be released without redactions at the earliest.
Yours sincerely,
Manhattan Trust
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
From: Commerce Commission OIA Requests
Commerce Commission
Dear Manhattan Trust,
Thank you for your email. We will respond in due course.
In the interim, can you please advise whether you consent to the Trust being identified as the party that made the OIA request?
Kind regards,
Rosie
Rosie Brown
Information Advisor
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
show quoted sections
From: Manhattan Trust
Dear Commerce Commission OIA Requests,
At this current stage, I don’t consent to the trust being identified as the entity that made this request. However, if my position regarding this matter changes, I will let you know in due course...
In the interim, I would request the Commerce commission to prioritise a meeting to discuss the matter raised in my previous message in an expedient manner.
After carefully reviewing the documents you provided, I am struggling to understand why my request was delayed since the information presented doesn’t seem to be as extensive as you initially indicated in your email dated the 7th of September.
Anticipating an expedient response...
Yours sincerely,
Manhattan Trust
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for your email.
We do not intend to identify you personally. However, as Manhattan Trust is listed on the FYI website as being the requesting party, we don't consider there are grounds to withhold the name of the Trust as requester.
We will respond to you separately about your meeting request.
Regards,
Rosie
Rosie Brown
Information Advisor
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
show quoted sections
From: Commerce Commission OIA Requests
Commerce Commission
image001.png
1K
Download
OIA 18.058 SwipeHQ BNZ PayClip SmartPay response letter 2.pdf
219K
Download
View as HTML
Dear Manhattan Trust
Please find attached the Commerce Commission’s second response to your
Official Information Act request.
Kind regards,
Rosie
Rosie Brown
Information Advisor
Commerce Commission | Te Komihana Tauhokohoko
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
[1]twitter-bird-16x16Follow us on Twitter [2]@NZComCom
References
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2. http://www.twitter.com/NZComCom
From: Manhattan Trust
Dear Commerce Commission OIA Requests,
Thank you for your email today.
I would like to bring to the Commerce Commission’s attention paragraph 23 of the matter referenced in your letter as to being the subject of a “suppression order”.
*********************************************************************************************************************************
Bowen v Bank of New Zealand (Auckland) [2017] NZERA 339; [2017] NZERA Auckland 339 (31 October 2017)
*********************************************************************************************************************************
As you can see, the ERA placed a prohibition of publication order on its decision and extended it to the second case referenced in your letter (viz: Bowen v Bank of New Zealand (Auckland) [2018] NZERA 330; [2018] NZERA Auckland 330 (25 October 2018).
Paragraph 23 of case 339 states very clearly that this prohibition of publication relates only to the ERA and cannot and is not designed to interfere with the processes of any other commission or agency.
I refer to the paragraph in question:
*********************************************************************************************************************************
[23] To be absolutely clear, any prohibition from publication order made by the Authority would not prevent the Commission from taking whatever steps it may need to take to progress the applicants’ complaint to it. It has its own processes and the Authority cannot and does not purport to interfere with those processes.
*********************************************************************************************************************************
Furthermore, paragraph 10, clearly outlines that several other agencies and commissions with adequate jurisdiction in the matter fall outside the scope of this order made by the ERA. Simply put, the ERA’s prohibition order is not binding on the Commerce Commission, under the Official Information Act, and DOES NOT reduce its responsibility to make adequate disclosure under the Official Information Act.
Hence by its own admission, the ERA’s prohibition of publication does not prevent the Commerce Commission from meeting its obligations under the Official Information Act.
As such the Commerce Commission is subject to the Official Information Act, under which, I, after having proven my eligibility for access, have made a request for the release of ALL information concerning the matter referred above (viz: Information concerning SwipeHQ, Bank of New Zealand and SmartPay).
What you are withholding from release is directly related to my request.
Therefore, I continue to seek full disclosure of the said information as soon as possible under the Act.
Yours sincerely,
Manhattan Trust
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
From: Commerce Commission OIA Requests
Commerce Commission
"Dear Manhattan Trust,
The Commerce Commission is willing to discuss via telephone the reasons for the redactions in our response to your request.
Please contact us directly on [Commerce Commission request email] providing a contact number and email address and we will arrange the call.
Regards,
Hilda Wadham
Acting OIA coordinator
show quoted sections
From: Manhattan Trust
Dear Commerce Commission OIA Requests,
I have sent you an email just now providing some dates and times that I can be available along with my counsel to discuss this... Please let me know ASAP.
Yours sincerely,
Manhattan Trust
From: Commerce Commission OIA Requests
Commerce Commission
Thank you for contacting the New Zealand Commerce Commission.
If your request is for information under the Official Information Act
(OIA) we will respond to it within 20 working days.
If your enquiry is not a request for information under the OIA, please
contact our Contact Centre, on 0800 943 600 or [1][email address]
OIA Co-ordinator
Information Systems | Organisational Performance
Commerce Commission l Te Komihana Tauhokohoko
44 The Terrace l PO Box 2351 l Wellington 6140 l New Zealand
E: [2][Commerce Commission request email]
References
Visible links
1. mailto:[email address]
2. mailto:[Commerce Commission request email]
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