Submission to OIA review
Alex Harris made this Official Information request to Commerce Commission
The request was partially successful.
From: Alex Harris
Dear Commerce Commission,
Recently your organisation submitted on the Law Commission's review of the Official Information Act. I would like to request the following information under the OIA:
* a copy of your submission
* all drafts, advice, and internal communications (including emails) relating to that submission
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
From: Contact
Commerce Commission
Thank you for contacting the Commerce Commission with your complaint. Please keep any documents you may have that support your complaint. If we decide to look into your complaint further we may contact you for these documents. Below is an outline of how we deal with complaints.
HOW WE DEAL WITH YOUR COMPLAINT
When we receive your complaint, it's recorded in our database. After that, a number of things can happen to it:
* If it's not a Commission issue, we'll refer your enquiry to another agency if we can. (More than a quarter of the enquiries we get are about things we don't deal with.)
* If we need more information from you, we'll contact you, and hold your complaint open for one month to allow you to send us the information.
* If the issue you have complained about potentially breaks one of the laws we enforce, it will be reviewed by Competition Branch managers alongside other recent complaints.
* If we decide that it doesn't in fact break any of the laws we enforce, we'll close the complaint .
If your complaint does raise a possible issue under the laws we enforce:
* We may still decide it doesn't warrant further action at this time. We will close the complaint, but may use the information you provided if we get similar complaints in the future. If we decide not to proceed, we will explain why.
* We may decide the issue warrants further attention and open an investigation.
If we open an investigation:
* Your complaint will be assigned to an investigator.
* The investigator will usually make direct contact with you within two months of your original enquiry.
If the investigation finds the issue you complained about appears to break one of the laws we enforce, there are a number of ways we can deal with it. We will decide what to do based on our enforcement criteria<http://www.comcom.govt.nz/enforcement-re...>. This could include sending a compliance advice or warning letter to the business involved, entering into a settlement with them or taking them to court.
Your complaint is important to us - but we don't take action on every complaint
While your complaint may raise an issue, we receive about 15,000 complaints and enquiries each year. In deciding whether to open an investigation, we need to consider how widespread, blatant and damaging the issue appears to be. In the end, we will act in the public good, but can't take action on behalf of individuals. You may need to take your own action if you are seeking redress.
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From: Mark Worsley
Commerce Commission
(Reply by email to: [OIA #416 email])
Dear Mr Harris,
I refer to your email request for information under the Official
Information Act 1982 (OIA) sent to the Commerce Commission on 30 July
2012.
I attach a copy of the Commerce Commission’s submission on the Law
Commission’s review of the OIA dated 10 December 2010 and a draft of the
submission dated 08 December 2010 as requested.
Your request for ‘all advice, and internal communications (including
emails) relating to the submission’ is declined under section 9(2)(g)(i)
of the OIA to maintain the effective conduct of public affairs through the
free and frank expression of opinions by or between Commission staff. The
Commission considers that the disclosure of this information would likely
lead to less candid exchanges of views which are necessary for it to
perform its public functions effectively. The Commission does not consider
its refusal to disclose is outweighed by any countervailing public
interest in making the information available.
If you are dissatisfied with the Commission’s response in relation to your
request, you are entitled to seek a review of the Commission’s response by
the Ombudsman under section 28(1) of the OIA. Any request for review must
be made orally or in writing to the Ombudsman’s office in accordance with
section 28(3) of the OIA.
Yours Faithfully
Mark Worsley
Commerce Commission | Senior Legal Adviser | Competition Branch
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
DDI +64 (0)4 9243 726 | [email address]
Follow us on Twitter [1]@NZComCom
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References
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1. http://www.twitter.com/nzcomcom
From: Mark Worsley
Commerce Commission
(Reply by email to: [1][OIA #416 email])
Dear Mr Harris,
I refer to your email request for information under the Official
Information Act 1982 (OIA) sent to the Commerce Commission on 30 July
2012.
I attach copies of the Commerce Commission’s submissions on the Law
Commission’s review of the OIA dated 22 January 2010 and 10 December 2010
and drafts of these submissions dated 21 January 2010 and 08 December
2010 as requested.
Your request for ‘all advice, and internal communications (including
emails) relating to the submission’ is declined under section 9(2)(g)(i)
of the OIA to maintain the effective conduct of public affairs through the
free and frank expression of opinions by or between Commission staff. The
Commission considers that the disclosure of this information would likely
lead to less candid exchanges of views which are necessary for it to
perform its public functions effectively. The Commission does not consider
its refusal to disclose is outweighed by any countervailing public
interest in making the information available.
If you are dissatisfied with the Commission’s response in relation to your
request, you are entitled to seek a review of the Commission’s response by
the Ombudsman under section 28(1) of the OIA. Any request for review must
be made orally or in writing to the Ombudsman’s office in accordance with
section 28(3) of the OIA.
Yours Faithfully
Mark Worsley
Commerce Commission | Senior Legal Adviser | Competition Branch
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
DDI +64 (0)4 9243 726 | [2][email address]
Follow us on Twitter [3]@NZComCom
show quoted sections
References
Visible links
1. mailto:[OIA #416 email]
2. mailto:[email address]
3. http://www.twitter.com/nzcomcom
From: Mark Worsley
Commerce Commission
Dear Alex
Kindly note that I have resent the Commission’s response to your request
for information as the first response did not contain the Commerce
Commission’s submissions in January 2010.
Regards,
Mark Worsley
Commerce Commission | Senior Legal Adviser | Competition Branch
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
DDI +64 (0)4 9243 726 | [1][email address]
Follow us on Twitter [2]@NZComCom
From: Mark Worsley
Sent: Tuesday, 28 August 2012 1:31 p.m.
To: '[OIA #416 email]'
Subject: RE: Official Information Act request - Submission to OIA review
(Reply by email to: [3][OIA #416 email])
Dear Mr Harris,
I refer to your email request for information under the Official
Information Act 1982 (OIA) sent to the Commerce Commission on 30 July
2012.
I attach copies of the Commerce Commission’s submissions on the Law
Commission’s review of the OIA dated 22 January 2010 and 10 December 2010
and drafts of these submissions dated 21 January 2010 and 08 December
2010 as requested.
Your request for ‘all advice, and internal communications (including
emails) relating to the submission’ is declined under section 9(2)(g)(i)
of the OIA to maintain the effective conduct of public affairs through the
free and frank expression of opinions by or between Commission staff. The
Commission considers that the disclosure of this information would likely
lead to less candid exchanges of views which are necessary for it to
perform its public functions effectively. The Commission does not consider
its refusal to disclose is outweighed by any countervailing public
interest in making the information available.
If you are dissatisfied with the Commission’s response in relation to your
request, you are entitled to seek a review of the Commission’s response by
the Ombudsman under section 28(1) of the OIA. Any request for review must
be made orally or in writing to the Ombudsman’s office in accordance with
section 28(3) of the OIA.
Yours Faithfully
Mark Worsley
Commerce Commission | Senior Legal Adviser | Competition Branch
44 The Terrace | PO Box 2351 | Wellington 6140 | New Zealand
DDI +64 (0)4 9243 726 | [4][email address]
Follow us on Twitter [5]@NZComCom
show quoted sections
References
Visible links
1. mailto:[email address]
2. http://www.twitter.com/nzcomcom
3. mailto:[OIA #416 email]
4. mailto:[email address]
5. http://www.twitter.com/nzcomcom
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