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436785
Magnus O’Neill

22 September 2016

Mr Matthew Taylor
By email: matt@matthewtaylor.co.nz

Dear Mr Taylor
Thank you for your correspondence of 29 August 2016, in which you ask for clarification on
whether Auckland and Wellington airports are subject to the Official Information Act 1982.
I can confirm for you that neither Auckland nor Wellington International Airports are subject to
the official information legislation.
Agencies subject to the official information legislation
The agencies which are subject to the official information legislation are listed in the Schedules to
the Ombudsmen Act 1975 (OA), the Official Information Act 1982 (OIA) and the Local Government
Official Information and Meetings Act 1987 (LGOIMA).
Auckland and Wellington International Airports are each classified as an airport company.1 As
airport companies, they are not subject to either the OA or the LGOIMA.2
For an airport company to be subject to the OIA, more than 50% of the ordinary shares must be
owned by any combination of the Crown, any local authority, or any council-controlled
organisation (Schedule 1).
Shareholding arrangements of Auckland and Wellington International Airports
As the New Zealand Central Securities Depository Limited (NZCSD) is operated by the Reserve
Bank of New Zealand, you seek clarification as to the status of the shareholdings held by the
NZCSD; and whether such shareholdings would be classified as ordinary shares owned by the
Crown.
On its website, the Reserve Bank explains that the NZCSD is a custodian of its shareholdings,
which are held on behalf of a member, the beneficial owner.3 The NZCSD does not own these
shareholdings, and for that reason these cannot be classified as ordinary shares owned by the

1
2
3

See Auckland Airport Act 1987, section 4(6) and Wellington Airport Act 1990, section 4(7).
See OA Schedule 1, Part 3; and LGOIMA Schedule 1, Part 1.
http://www.rbnz.govt.nz/markets-and-payments/nzclear.

 Office of the Ombudsman   Tari o te Kaitiaki Mana Tangata

Crown. More information about the NZCSD can be found on the Reserve Bank website:
www.rbnz.govt.nz.
In brief, no more than 50% of the ordinary shares of Auckland and Wellington International
Airports are owned by any combination of the Crown, any local authority, or any councilcontrolled organisation. Accordingly, Auckland and Wellington International Airports are not
subject to the OIA.
I trust this answers your question.
Yours sincerely

Aimee Bryant
Senior Investigator

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