OIR: 2324/883
8 May 2024
Matt Sykes
[FYI request #26409 email]
Tēnā koe Matt,
Request for Information under the Local Government Official Information and
Meetings Act 1987 (the Act) (the LGOIMA)
Thank you for your email of
11 April 2024 requesting the following information:
1. The number of non-disclosure agreements signed by staff leaving the
organisation in each of the years ending 30 June 2023, 2022, 2021 and 2020,
and the number of non-disclosure agreements signed in the 2024 financial
year to date.
There were 23 non-disclosure agreements signed by staff leaving the organisation
in the period between July 2019 to the current date.
Given the low number of non-disclosure agreements entered into, we have not
been able to break down the numbers by year as that may lead to the identification
of individuals involved, resulting in a breach of their privacy (section 7(2)(a) of the
LGOIMA refers). In Council’s view the reasons for withholding these details are not
outweighed by public interest considerations in section 7(1) favouring their release.
2. The template standard template for non-disclosure agreements signed by
exiting staff members.
The Council does not have a standard template for non-disclosure agreements and
on that basis I must decline this part of your request as the documents alleged to
contain the information requested does not exist, or despite reasonable efforts to
locate them, they cannot be found, section 17(e) of the LGOIMA refers.
However, we have included examples of the language typically used in settlement
agreements below for your information. This is the type of wording that would form
the basis of non-disclosures agreements that are drafted and tailored to the
individual situation as required.
Please note that any information provided in response to your request may be published on the Council website, with
your personal details removed.
Example one:
“The existence and terms of this Agreement, including the payment of any sums
in this Agreement, wil be confidential to the parties and wil not be disclosed,
copied or transmitted to any other person in any circumstances whatsoever,
except with the prior written consent of the other party or as required by law (ie
the requirement under the Local Government Act 2002 for the Employer to
disclose any severance payment made). The parties are permitted only to tell
any other person that the Employee's employment ceased by way of
resignation to pursue other opportunities.”
Example two:
“The existence and terms of this Agreement, including the payment of any sums
in this Agreement, wil be confidential to the parties and wil not be disclosed,
copied or transmitted to any other person in any circumstances whatsoever,
except with the prior written consent of the other party or as required by law
(including as required under the Local Government Act 2002 and/or the Local
Government Official Information and Meetings Act 1987 for the Employer to
disclose any severance payment made).”
You have the right to request the Ombudsman to review this decision. Complaints can
be sent by email to
[email address], or by post to The Ombudsman,
PO Box 10152, Wellington 6143.
Ngā mihi,
Rach Wells
Group Manager People and Capability
Kaiwhakahaere Rōpū - Tangata me te Āheitanga
Please note that any information provided in response to your request may be published on the Council website,
with your personal details removed.
