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Home / New Zealand

Ombudsman clears mayoral decision over commercially sensitive National Stadium reports

NZ Herald
19 Nov, 2018 03:30 AM3 mins to read

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Auckland Council mayor Phil Goff. Photo / File

Auckland Council mayor Phil Goff. Photo / File

The Ombudsman has cleared Auckland Mayor Phil Goff's decision to grant councillors conditional access to two National Stadium reports.

Chief Ombudsman Peter Boshier said the decision was justified considering the commercial sensitivity.

In June, councillors Cathy Casey and John Watson complained to the Ombudsman about conditional access to the National Stadium and Precinct Pre-Feasibility Study and associated Funding and Delivery Study.

The councillors were offered physical copies of the full reports to be read and returned.

According to the Ombudsman's summary, the reports could not be copied, had to be kept in a secure location, and were to be returned to the Governance Director.

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In his final opinion, Boshier said there was a strong public interest in making sure councillors had access to the information needed to perform their duties.

"Each case needs to be judged on its own merits," he said.

"The information in question must be carefully assessed and a balance achieved between transparency on the one hand and the need for appropriate confidentiality on the other.

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"I have found the council's decision to release the information to councillors with conditions to be justified.

"This approach allowed councillors to be kept informed, while also recognising the particular commercial sensitivities of the information."

Boshier said he also looked at whether the specific conditions imposed by the council were reasonable.

"The conditions seemed pretty straightforward to me," he said.

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"Councillors were asked not to make any additional copies of the information and to return the reports once they were read.

"I know other organisations impose similar controls on the distribution of sensitive information.

"A time limit on the councillors access was not introduced, and councillors could request and view the information at their desks as often as they wanted."

Mayor Phil Goff said he was pleased that the Ombudsman had cleared the council of any wrongdoing in relation to the Stadium Report.

"The Ombudsman has upheld that the access granted to councillors to the full report was sufficient for councillors to be able to do their job," he said.

"The Ombudsman has said that conditions imposed on the communication and publication of the report were justified.

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"The Ombudsman's report now brings this matter to a close and all of us can continue to focus on those things that matter most to the people of Auckland."

Last week, planning committee chairman Chris Darby let slip to the Herald that railway land at Quay Park opposite Spark Arena is the preferred location for a downtown stadium in the confidential pre-feasibility study by PwC.

He was commenting on the proposed $1.8 billion National Stadium sunken into the harbour seabed, partly on port land at Bledisloe Wharf and partly into the Waitemata Harbour.

Councillors Daniel Newman and Chris Fletcher condemned Darby for an apparent breach of a non-disclosure agreement with the release of commercially sensitive information on sites for the location of a new stadium.

Auckland Council governance director Phil Wilson said the Ombudsman's decision recognised the complexity of the situation and found the council's handling of access to the reports "to be not unreasonable".

"We are often required to maintain balance between commercial sensitivity and providing elected representatives with the information that they need to make informed decisions.

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"We will reflect on the findings and consider any further changes that may need to be made to practices around preparing and managing sensitive information."

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