Summary: The complainant has requested information from the CRD relating to the 2010 and 2011 public consultations on pesticides. In response, the CRD provided some information, advised that other parts were not held and withheld some under variously regulations 12(4)(d) (unfinished documents), 12(4)(e) (internal communications) and 13 (personal data) of the EIR. During the course of the Commissioner-™s investigation, the CRD agreed to disclose a number of items of information it had previously withheld. For the remaining elements that were not in possession of the complainant, the Commissioner is satisfied that the CRD identified all the relevant information covered by the requests and was correct to apply regulations 12(4)(d), 12(4)(e) and, in part, regulation 13 to aspects of this information. However, he also considers that the CRD misapplied regulation 13 to the names of stakeholders recorded in the information. He therefore requires this information to be disclosed to ensure compliance with the legislation. In addition, the Commissioner has found that the CRD breached regulation 5(2) (time for making information available) by its handling of the requests.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 12.4.d - Complaint Not upheld, EIR 12.4.e - Complaint Not upheld, EIR 13 - Complaint Partly Upheld