Tuesday, October 28, 2014


Also interesting in that OIA release about the Christchurch Convention Centre contract is the withholding of information under s9(2)(k) to

prevent the disclosure or use of official information for improper gain or improper advantage.

This is a rarely-used clause, and this is the first time I've seen it used in a commercial tender context (normally in such cases information is withheld as commercially sensitive, provided in confidence, or under the negotiations clause). And as the Ombudsman's guidelines make clear, "improper" gain is a very high threshold to meet, requiring the expected use to be almost illegal or extremely morally dubious. Its very hard to see that in this case, especially as the requester is not a bidder in the process and cannot gain any advantage by it. Instead, the obvious suspicion is that Brownlee thinks that the information will be used politically by the opposition, and that makes it "improper". Which tells us a great deal about the government's attitude to democracy and the law...