44207 (2025). Hon Kieran McAnulty to the Minister of Housing

Written Question
Published date: 25 Sep 2025
44207 (2025). Hon Kieran McAnulty to the Minister of Housing: Further to his reply to Question 43081 (2025), what is the wording included in Kāinga Ora contracts with builders and developers that seeks to accommodate government disclosure requirements?
Hon Chris Bishop: Kāinga Ora – Homes and Communities advises me that the wording of contractual confidentiality obligations includes: “The Contract and arrangements incidental to this Contract which are disclosed in or pursuant to the performance of either party’s obligations under this Contract, are commercially sensitive and, accordingly, shall be kept confidential between the parties.” Examples of contractual carve-outs include: “Neither party shall disclose the details of this Contract or the incidental arrangements other than to their professional advisers or financiers for the purposes of progressing the Contract Works without the prior consent of the other party except as may be required to: a. Comply with any lawful requirement (including the Official Information Act 1982), or otherwise required by Ministers or parliamentary convention; b. Respond to any Parliamentary or Select Committee question; or c. Implement provisions or satisfy any condition in this Contract. The Contractor acknowledges that the Principal may be required to provide information from time to time to Ministers of the Crown and to Parliament.” This is also my reply to WPQ 44203 (2025).