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GCSB Data Centre

Luke made this Official Information request to Government Communications Security Bureau

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From: Luke

Dear Government Communications Security Bureau,

1. What is the name of the Data Centre currently under construction at RNZAF Base Auckland?

I note that the subheading on page 45 of the GCSB and NZSIS Briefing to the Incoming Minister heavily implies that a name for the Data Centre has now been chosen.

Yours faithfully,

Luke

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From: Information (GCSB)
Government Communications Security Bureau

Tçnâ koe,

Before we begin processing your request, we require more information to establish your eligibility to make a request under the Official Information Act 1982 (OIA).

Per Section 12 of the OIA, to be eligible to make a request you must be:
• a New Zealand citizen or permanent resident;
• a person in New Zealand; or
• a corporate entity (that is, a company or an incorporated society) which is either incorporated in New Zealand or has a place of business here.

Please send information that confirms your eligibility to make an OIA request to the email address on this page: https://www.nzsis.govt.nz/information-re.... This could be a scanned copy of a New Zealand driver’s licence or passport or evidence of residency in New Zealand, such as a utility bill with your name/address. If you are not able to provide any of the above, please contact us to discuss further options for providing proof of eligibility to make a request.

Ngâ mihi,
GCSB

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From: Luke

Dear Information (GCSB),

Can you please transfer this request to the Minister's office.

Yours sincerely,

Luke

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From: Information (GCSB)
Government Communications Security Bureau

Kia ora

You will need to confirm that you are eligible to make a request as set out in section 12 of the OIA before any further action can be taken on it.

Please see section 14 of the OIA for the provisions governing transfer of requests. It is unlikely your request would fit the criteria.

Ngā mihi
GCSB

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From: Luke

Dear Information (GCSB),

It's actually your duty under section 13 of the OIA to provide to a person who has not yet fulfilled the requirements of section 12:

(a) reasonable assistance to comply with section 12, and

(b) reasonable assistance to direct a person's request "to the appropriate department ... or Minister of the Crown" as necessary.

Yours sincerely,

Luke

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From: Information (GCSB)
Government Communications Security Bureau

Kia ora

You have directed your request to the appropriate department.

We ask for assurance that a requester is eligible to make a request under section 12 of the OIA before proceeding. The assurance we seek is that which is enough to make clear that you are a New Zealand citizen or permanent resident or are in New Zealand. One way to do this is to provide supporting documentation like a copy of a New Zealand driver licence, or passport, or utility bill. Another is to tell us your name and where you are living. Another way would be to send us your assurance that you are in New Zealand with something that substantiates that, like a photo of that day’s local newspaper. We are flexible in the ways you can provide us assurance that you are a person eligible to make a request, but at this stage, we do not consider we have enough information to be satisfied you are eligible to make a request.

The Ombudsman's guidance states agencies are entitled to make reasonable enquiries to satisfy themselves that a requester is eligible to make a request under the OIA (https://www.ombudsman.parliament.nz/site... - refer page 4). Once a requester has confirmed eligibility, they will not be asked to do so again (assuming they use the same FYI account).

The Ombudsman's guidance and FYI.org also recommends that requesters use a real name when making a request (https://fyi.org.nz/help/privacy). If you do not want to provide evidence of your eligibility to make a request to us directly, you are welcome to contact the Office of the Ombudsman, or ask FYI.org to make a request on your behalf (refer Can I make an OIA request using a pseudonym? on https://fyi.org.nz/help/privacy).

Ngâ mihi
GCSB

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From: Information (GCSB)
Government Communications Security Bureau

Tçnâ koe,

As we have not received the evidence of your eligibility to make a request under the OIA, we cannot accept your request at this time.

You are welcome to re-submit your request with the required evidence of eligibility at any time. As noted, if you are not comfortable sending proof of eligibility to the GCSB directly you are welcome to share this with the Office of the Ombudsman, and ask that they confirm your eligibility with us. Once we are satisfied that your request meets the requirements under section 12(1) of the OIA we can proceed.

Ngâ mihi,
GCSB

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