Freedom of Information: The Teeth of Contractual Consultation Obligations.

Mondaq Business BriefingNbr. 2005, January 2005

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Astra Pharmaceuticals (NZ

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Freedom of Information: The Teeth of Contractual Consultation Obligations.

It is well known that the Freedom of Information Act 2000's

right of access to information held by public authorities came into force on 1

January 2005. It is also known that commercial entities dealing with or

otherwise providing information to public authorities could be affected by the

changes. For example, individuals,

competitors, journalists or potential claimants may request and sometimes

obtain commercially sensitive information originally supplied by those

entities.

Public authorities transacting with such entities are

likely to find that contractual negotiations include a request for inclusion of

a clause requiring consultation prior to disclosure under the Act. Questions may arise as to what liabilities a

public authority could face if it were to ...

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