Printed from https://fyi.org.nz/request/972-communications-with-christchurch-city-council on November 22, 2024 05:51

Communications with Christchurch City Council

Alex Harris made this Official Information request to International Accreditation New Zealand

The request was refused by International Accreditation New Zealand.

From: Alex Harris

Dear International Accreditation New Zealand,

Today it was reported that IANZ would be withdrawing Christchurch City Council's accreditation to issue building consents. IANZ is "part of the Testing Laboratory Registration Council, an autonomous Crown entity established in 1972", and is therefore subject to the Official Information Act. I would like to request the following information:

* all communications with Christchurch City Council since 1 January 2013 on the issue of its accreditation to issue building consents. This includes written letters, emails, and aide memoires of telephone conversations.

I would prefer to receive an electronic response. Queries about this request will be automatically forwarded to me by the fyi.org.nz website.

With regards to s12 of the OIA, I am an NZ citizen and in NZ.

Yours faithfully,

Alex Harris

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From: Llew Richards
International Accreditation New Zealand

Thank-you for your query.

IANZ is not able to supply this information, due to sections 9 (b) and (g) of the OIA.

However, you should be able to access our review under the OIA from either Christchurch City Council or MBIE.

Kind regards

Llew Richards

Subject: Official Information Act request - Communications with Christchurch City Council

Dear International Accreditation New Zealand,

Today it was reported that IANZ would be withdrawing Christchurch
City Council's accreditation to issue building consents. IANZ
is "part of the Testing Laboratory Registration Council, an
autonomous Crown entity established in 1972", and is therefore
subject to the Official Information Act. I would like to request
the following information:

* all communications with Christchurch City Council since 1 January
2013 on the issue of its accreditation to issue building consents.
This includes written letters, emails, and aide memoires of
telephone conversations.

I would prefer to receive an electronic response. Queries about
this request will be automatically forwarded to me by the
fyi.org.nz website.

With regards to s12 of the OIA, I am an NZ citizen and in NZ.

Yours faithfully,

Alex Harris

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From: Alex Harris

Dear Llew Richards,

Thanks for the quick response. Given that you're not even citing the appropriate sections of the law correctly - do you mean 9(2)(b) (i) or (ii)? 9(2)(g (i) or (ii) - I suspect you don't get many of these and do not know how to properly respond. I recommend that you go here, start reading, and then get back to me with a more considered response:

http://www.ombudsman.parliament.nz/resou...

Better yet, just call the Ombudsman's office on 0800 802 602. They give advice to inexperienced agencies, on the basis that it saves everyone time from complaints later.

As a quick pointer:
* you can't just blanket deny in this way. You have to assess every piece of information for harm;
* where good grounds which are not outweighed by the public interest exist for withholding some of the information, then that is properly handled by redactions.
* The fact that you are telling me to get the information from CCC or MBIE tells me you are in fact happy for it to be released, but do not want to do it yourself.

I'll give you a chance to reconsider. If I don't hear within a week or so that you will be revisiting this and assessing my request properly (note: not an actual response or release of information, just that you will be assessing it properly under the Act), then I will take your refusal as final and lodge a complaint with the Ombudsman.

Yours sincerely,

Alex Harris

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From: Llew Richards
International Accreditation New Zealand

Thank-you for your reply.

IANZ has entered into contracts with our clients where we are legally obliged to keep detailed information (including assessment reports) confidential.

Most of our clients are not local government or central government, and we would risk being sued if we release information.

The actual sections are:

9 (2) (ba) (i) :Likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied.

If IANZ released such information, then a client could reasonably refuse to undertake IANZ accreditation assessments again.

9 (2) (g) (i): The free and frank expressions of opinions by or between...officers and employees of any.. organisation in the course of their duty.

Again, if IANZ releases information about our clients, it compromises our ability to undertake assessments in the future. Our reports are written to be specific, and give clear guidance of where systems are failing, and what corrective action we deem necessary. If this information is publicly released, clients are either going to be unwilling for assessments to be undertaken (revealing their inner failings) or our reports will be written for public display, which will make them less relevant for our clients.

These requests have gone to the Ombudsman in the past, and the decision has been that IANZ is not required to release the reports.

Kind regards

Llew Richards

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