0867 Covering Letter
Covering Letter
COMMERCE COMMISSION
PLEASE REFER TO: Wellington J3409
8 March 2000
Don Stokes
Councillor Internet Society of New Zealand Inc
2/185 Cecil Road Wadestown
WELLINGTON
Dear Mr Stokes
OFFICIAL INFORMATION ACT 1982: REQUEST FOR INFORMATION
TELECOM 0867 SERVICE
I refer to your request dated 3 March under the Official Information Act (OI Act) for all available information held by the Commerce Commission regarding the Commission's enquiry into Telecom's 0867 Service. In response to your request, the Commission has reviewed the information held on file with regard to 0867 in terms of the Commerce Act 1986 (Commerce Act) and the OI Act. The information held, and an assessment of it, is summarised as follows:
| Ref Request |
Description | Comments re OI Act |
| A | Administrative | Withheld under section 6(c) of the OI Act so as to not prejudice Documents and the Commission's 0867 investigation. Report also contains Investigation confidential material withheld under section 9(2)(b)(ii) of the OI Reports Act so as to not prejudice the commercial position of the person who supplied the information, or protected by a confidentiality order issued under section 100 of the Commerce Act. |
| B | Breach Analysis | Withheld under section 6(c) of the OI Act so as to not prejudice the Commission's 0867 investigation. |
| C | Complaints | Withheld under section 9(2)(b)(ii) of the OI Act so as to not prejudice the commercial position of the complainants and under section 9(2)(ba) of the OI Act so as to not prejudice the supply of further information. |
| DA | Defendant | Public information sourced from the Companies Office. Request Details refused under section 18(d) of the OI Act as information is publicly available |
| DB | Background | Background information on 0867 sourced from Telecom's Information website. Request refused under section 18(d) of the OI Act as information is publicly available. |
| DC | Correspondence | Withheld under section 6(c) of the OI Act so as to not prejudice with Telecom the Commission's 0867 investigation. Correspondence from Telecom either contains some confidential material withheld under section 9(2)(b)(ii) of the OI Act so as to not prejudice the commercial position of the person who supplied the information, or is protected by a confidentiality order issued under section 1 00 of the Commerce Act. |
| DD | Information Virtually all of the information is protected by a confidentiality Provided by order issued under section 100 of the Commerce Act. Some other Telecom information is withheld under section 9(2)(b)(ii) of the OI Act so as to not prejudice the commercial position of the person who supplied the information and section 9(2)(ba) of the OI Act so as to not prejudice the supply of further information from Telecom. A limited amount of information, such as media releases, is publicly available, so request is refused under section 18(d) of the OI Act. Three documents were found to be neither confidential nor publicly available, being as follows: - Telecom Briefing Notes to Government June 1999. - Telecom Briefing Presentation to Government June 1999. - NZIER Report to Telecom February 2000. | |
| EA | Evidence Collected by the Commission | Information on 0867 sourced from various websites. Request refused under section 18(d) of the OI Act as information is publicly available. |
| EB | Information | Withheld under section 6(c) of the OI Act so as to not prejudice |
| ED | from Major Industry Participants | the Commission's 0867 investigation, section 9(2)(b)(ii) of the OI Act so as to not prejudice the commercial position of the person who supplied the information and section 9(2)(ba) of the OI Act so as to not prejudice the supply of further information. |
| F | Research | Request refused under section 18(d) of the OI Act as information is publicly available |
| G | Media Articles | Request refused under section 18(d) of the OI Act as information is publicly available. |
| H | Analysis | Withheld under section 6(c) of the OI Act so as to not prejudice the Commission's 0867 investigation. Analysis also contains confidential material withheld under section 9(2)(b)(ii) of the OI Act so as to not prejudice the commercial position of the person who supplied the information, or protected by a confidentiality order issued under section 100 of the Commerce Act. |
| I | Independent Experts | Withheld under section 6(c) of the OI Act so as to not prejudice the Commission's 0867 investigation. |
In responding to your OI Act request, the Commission encloses the following information released to you under the OI Act: -
- Telecom Briefing Notes to Government June 1999.
- Telecom Briefing Presentation to Government June 1999
. - NZIER Report to Telecom February 2000.
Some information has been withheld as it is protected by a confidentiality order issued under section 100 of the Commerce Act. Such an order prohibits the publication or communication of the information. The order expires after the conclusion of the Commission's investigation, after which the provisions of the OI Act apply.
Certain information has been withheld in terms of sections 6(c), 9(2)(b)(ii), 9(2)(ba), and 18(d) of the OI Act, for the reasons outlined above. I advise that you have the right to have the deletions reviewed by the Ombudsman under section 28 of the Act.
