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How does the operation of PHARMAC's 'Community Exceptional ...

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that <strong>the</strong> disclosure is commercially sensitive and release is likely to<br />

cause pecuniary loss; or<br />

that <strong>the</strong> disclosure will prevent <strong>of</strong>ficials from giving Government Ministers<br />

free and frank advice.<br />

In <strong>the</strong> initial stages <strong>of</strong> an OIA request, <strong>of</strong>ficials must make a preliminary<br />

response within 10 working days. The initial response outlines <strong>the</strong> expected<br />

timeline for meeting <strong>the</strong> request and any o<strong>the</strong>r information about <strong>the</strong> request<br />

which is relevant. The final response to <strong>the</strong> OIA includes a letter describing <strong>the</strong><br />

information which has been released and <strong>the</strong> released material. These reply<br />

letters were signed by <strong>the</strong> Minister responsible for <strong>the</strong> department or agency<br />

from where <strong>the</strong> information was released. The MidCentral DHB Board<br />

Secretary responded on behalf <strong>of</strong> <strong>the</strong> DHB. The material was delivered ei<strong>the</strong>r<br />

by post or provided electronically through email.<br />

I made six OIA requests seeking <strong>of</strong>ficial information about PHARMAC’s<br />

Community <strong>Exceptional</strong> Circumstances policy. Three requests were made to<br />

PHARMAC, one to <strong>the</strong> Ministry <strong>of</strong> Health, one to <strong>the</strong> Department <strong>of</strong> Prime<br />

Minister and Cabinet (DPMC) and one to <strong>the</strong> MidCentral DHB. In <strong>the</strong>se<br />

requests I asked for policy documents, ministerial briefings and cabinet papers,<br />

copies <strong>of</strong> letters, reports, notes and emails which have been written about<br />

various aspects <strong>of</strong> <strong>the</strong> policy. All <strong>the</strong> requests were responded to within <strong>the</strong><br />

provisions and requirements <strong>of</strong> <strong>the</strong> OIA.<br />

An example <strong>of</strong> an OIA request to <strong>the</strong> PHARMAC is provided in Appendix 5 and<br />

<strong>the</strong> response from PHARMAC is provided as Appendix 6.<br />

Four requests produced many documents; however two requests did not<br />

produce any documents. Some documents were withheld and many were<br />

partly withheld. Documents were not available on some <strong>of</strong> <strong>the</strong> requested<br />

subjects because <strong>of</strong>ficials had not committed to writing material on those<br />

subjects. Notwithstanding <strong>the</strong> material which was withheld, large amounts <strong>of</strong><br />

data were still collected by this method.<br />

The request which was made to <strong>the</strong> DPMC was responded to by acknowledging<br />

<strong>the</strong> request and advising that no documents which I had requested were held in<br />

97

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