- TeTariTaiwhenua
gut?" InternalAffairs

21 January 2020 45 Pipitea St
Wellington 5011

Phone +54 0300 25 78 87
die gar/Lg

Official Information Request: 

Thank you for your email of 12 December 2019 requesting the following information under
the Official Information Act 1982 (the Act):

"all advice and communications on the proposed oversight regime
under the infrastructure Funding and Financing Bill. I am
specifically seeking information an why they will not be covered
under the CIA or l60lMA. 

I have interpreted your request as seeking information related directly to the decision to not
make Special Purpose Vehicles (SPVs) subject to the Act. have identified one document that
falls within scope of your request, Regulatory impact Assessment: Infrastructure Funding and
Financing (the RIA). As the RIA is publicly available, I am formally refusing your request under
section 18(d] of the Act. Vau can find the RIA on the Department of Internal Affairs' website
on its Regulatory impact Statements webpage at 


Page 53 of the RIA notes that SPVs (unless they are ofa nature to which the CIA or LGOIMA
applies, such as a government agency) will not be subject to the Act, as the Crown-appointed
Monitor will likely be subject to the Act. Section 114 of the Infrastructure Funding and
Financing Biil outlines that only government agencies will be appointed as Monitors by the
Crown which means all Monitors will be subject to the Act

You have the right, under section 28(3) of the Act, to seek an investigation and review of my
decision by the Office of the Ombudsman. The postal address of the Office of the
Ombudsman is PO Box 10152, Wellington. Alternatively, you can call 0800 802 602 or email


Vours sincerely

a 

Anita Balakrishnan
Director Ministerial Advice, Monitoring, and Operations