Purpose
MBIE is responsible for its compliance with the Official Information Act 1982 (OIA). The
purpose of this policy is to:
recognise the constitutional significance of the legislation and the obligations it places
on MBIE as a government agency
support staff in responding to requests made to MBIE for official information
(departmental requests)
support staff in providing advice to Ministers regarding requests made to Ministers for
official information (ministerial requests)
managing any legal or reputational risk associated with OIA requests
ensure MBIE meets its obligations under the OIA
support MBIE’s commitment to Open and Transparent Government in order to
Grow
New Zealand for All.
Scope
This policy applies to:
all staff at MBIE and any contractors, temporary or permanent, employed or engaged
by the Ministry both on and off-shore
any official information held by MBIE
requests by a person for personal information about another person.
requests from the media that are handled as media queries.
The Ministry also deals with interactions with the media through various approved channels,
including Social Media channels. Generally speaking a media request is seeking a view point
from the Ministry or relates to a request for information that is already in the public domain,
and as such is not treated as a request under the Official Information Act.
Help
Please contact the Ministerial Services Team for further assistance or information.
Definition of terms
Official information – Official information defined in the OIA. In general terms, it includes all
the information held by the Ministry in a variety of forms, and includes internal rules and
policies, emails, meeting notes, and employee recollections.
Official Information Act requests - Requests for information can be made in any format
including verbally. The request does not have to mention the OIA, or be worded in a specific
way. The State Services Commission notes that a request for official information will be
logged when it requires considered application of the OIA.
Departmental OIA requests – These are requests made directly to MBIE for information it
holds. A step-by-step guide for departmental OIA requests can be found here.
Date of issue: 1/08/2017
Next Review: 1/08/2019
Approved: Chief Executive
Policy Owner: General Manager,
Policy Author: Manager, Ministerial Services
ECoMS
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Ministerial OIA requests – These are requests made to one of our Ministers. In this case a
Private Secretary may refer the request to MBIE for advice to the Minister, including a draft
response. A step-by-step guide for Ministerial OIA requests can be found here.
Privacy Act requests –Requests by a natural person for personal information about
themselves is always considered under the Privacy Act. For more information refer to the
Privacy Policy here.
Timeframe for communication of a decision and making information available – A decision
needs to be made and communicated to a requester within 20 working days unless there is a
reason to extend the time limit. If the associated information is to be provided separately it
must be done so without
‘undue delay’. Extensions – Extending the statutory timeframe in which to communicate a decision on a
request or transfer of a request.
Transfers – Requests can be transferred to a Minister or another government agency where
the information requested is held by them and is not held by MBIE, or the information is
more closely associated with the functions of another agency or Minister.
Charging – Seeking payment from a requester for work done on an OIA in accordance with
the Ministry of Justice Guidelines.
Media query – Requests received from the media that can be dealt with quickly and not
processed using the formal OIA process. MBIE’s News Media Policy can be found here.
Policy statements
MBIE is committed to the intent and purpose of the OIA. Its key objectives are to:
progressively increase the availability of official information to the people of New
Zealand to:
o enable more effective public participation in the making and
administration of laws and policies; and
o promote the accountability of Ministers and officials;
and so enhance respect for the law and promote good government; and
protect official information to the extent consistent with the public interest and the
preservation of personal privacy.
MBIE contributes to the Open Government Partnership New Zealand and the whole-of-
government work led by the State Services Commission to improve agency OIA practices.
MBIE cooperates fully with the work of the Ombudsman in reviewing and investigating any
complaints made under the OIA.
Date of issue: 1/08/2017
Next Review: 1/08/2019
Approved: Chief Executive
Policy Owner: General Manager,
Policy Author: Manager, Ministerial Services
ECoMS
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MBIE will regularly and progressively publish more of its information proactively, such as
OIAs responses, reports, research and data sets to enhance public access to information and
to reduce the need for information to be requested under the OIA.
MBIE continuously develops and improves its procedures to respond to requests ensuring
compliance with the statutory requirements and also increasing public satisfaction with the
OIA service it provides.
MBIE consistently educates management and staff on their obligations and responsibilities
under the OIA to lift performance and understanding across the agency, and to give them
the support and tools they need.
Main policy rules or guidance
Extensions must be notified to a requester within 20 working days of the request. More
than one extension is permissible so long as all extensions are notified within the
original 20 working days. If it is a Ministerial OIA a decision must be made by the
Minister on advice from MBIE. This advice should usually be provided within 15 working
days of the Minister receiving the request depending on individual Ministers’
requirements.
Transfers of requests must be identified and notified to a requester within 10 working
days after a request is received. If it is a Ministerial OIA a decision to transfer must be
made by the Minister on advice from MBIE. This advice should be provided within 5
working days of the Minister receiving the request. The time for making a transfer can
be extended in accordance with the same reasons for extending the communication of
a decision.
If a request is too broad or complex or the information being requested is unclear, MBIE
should contact the requester to seek refinement or clarification. If this contact is made
within the first 7 working days after receiving the original request, the timeframe for
responding can be reset from the date that the requester confirms their
revised/clarified request.
A requester may ask that a request be treated as urgent, and if so must give the reasons
for seeking the information urgently. MBIE should consider any request for urgency,
and assess whether it would be reasonable to give the request priority.
The decision to charge must only be made with the involvement of a senior branch
Manager. MBIE can charge for the supply
of information under the OIA and may require
that all or part of the charge be paid by the requester in advance of the information
being made available. Charges cannot
be made for the time spent deciding whether
or not to release the information.
Delegations for the sign-out of responses depend on business group or branch
preferences. Generally Deputy Chief Executives have delegated OIA sign-out to either
Tier 3 or Tier 4 Managers, unless a response entails reputational or other significant
risk. Managers are responsible for the content of the response that they sign-out, so it
is important that a Manager has reviewed the response, including any decisions made
on information being withheld.
Date of issue: 1/08/2017
Next Review: 1/08/2019
Approved: Chief Executive
Policy Owner: General Manager,
Policy Author: Manager, Ministerial Services
ECoMS
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Ministers or their Offices should be informed of all departmental OIAs where it is
determined they have an interest in MBIE’s intended response. When consulting
Ministers, a briefing and intended response is normally provided 5 full working days
before any official information is released.
Under the “
no surprises” convention, MBIE must advise the relevant Minister about any
request for official information that is
“particularly sensitive or potentially
controversial”. This would cover all requests made by opposition MPs, opposition
political parties, journalists, bloggers and special interest groups. The decision on the
request is made by MBIE in accordance with the OIA.
The Minister for Economic Development, as the Minister Responsible for MBIE, is to be
notified of all departmental ownership OIAs received by MBIE.
Departmental ownership OIAs relate to cross Ministry information, for example,
departmental expenditure, staffing, personnel issues, consultants, contractors,
contracts, international travel, domestic travel, industrial relations, and gifts.
All responses to OIA requests from the media must be signed-out by an authorised or
delegated communications advisor before the response is sent. Communications
advisors must also be consulted on high risk requests from oppositions MPs, opposition
parties, and lobby groups or on high profile issues.
All OIA requests must be logged and allocated promptly by the Ministerial Services
Workflow team in accordance with performance expectations, and the team
completing the response must arrange a scoping meeting within 3 working days of
receipt. A scoping meeting early in the process is vital to ensure all participants are clear
about the scope and interpretation of the request.
Staff do not have an absolute expectation of privacy in relation to work product
information and staff personal information. MBIE will take all reasonable steps to
protect the privacy and security of its staff members when responding to requests for
information.
All staff names should be considered for release unless there are relevant withholding
grounds including a likelihood of harm such as harassment or threatening behaviour
against staff or other safety concerns. Final decisions should continue be made on a
case-by-case basis and, if in doubt, Legal Services or Ministerial Services consulted.
Date of issue: 1/08/2017
Next Review: 1/08/2019
Approved: Chief Executive
Policy Owner: General Manager,
Policy Author: Manager, Ministerial Services
ECoMS
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Mandatory procedures
Standard Operating procedures
Step-by-step daily guide: Departmental OIA request (no Ministerial consultation)
Step-by-step daily guide: Departmental OIA request (Ministerial consultation)
Step-by-step daily guide: Ministerial OIA request
MBIE OIA Procedures - Departmental and Ministerial OIA Request
Scoping OIA meeting checklist document
MBIE Templates
Acknowledgement of OIA request
To narrow or clarify the scope of the request: 18(e)
To narrow or clarify the scope of the request: 18(f)
Advise time extension under the OIA
Letter to accompany release under the OIA: No information withheld
Letter to accompany release under the OIA: Some/most information withheld
Letter to advise decision to refuse: Section 9 substantive reasons
Letter to advise decision to refuse: Section 18 administrative reasons
Transferring a request: Letter to transfer
Transferring a request: Letter to transferee
Letter to advise reason for refusal: Section 23 request
Letter to communicate a decision with the information provided at a later date
Related MBIE policies and documents
Related internal policies and documents:
Code of Conduct
News Media Policy
Privacy Policy
Records Management Policy.
Relevant legislation and regulations
Relevant legislation and regulations include:
Official Information Act 1982
Ombudsmen Act 1975
Privacy Act 1993
Public Records Act 2005.
External Guidance
Broader guidance material on the provision of official information is available through the
following links:
Ombudsman Guides - Comprehensive guides to the OIA legislation and use of
withholding provisions
Cabinet Office Manual - Detailed guidance for Ministers on the operation of the OIA
and the release of official information including Cabinet Papers
Date of issue: 1/08/2017
Next Review: 1/08/2019
Approved: Chief Executive
Policy Owner: General Manager,
Policy Author: Manager, Ministerial Services
ECoMS
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State Services Commission - Release of Official Information: Guidelines for Co-
ordination, request for draft reports, correspondence and advice.
Public Sector Intranet OIA Guidance
Privacy Commissioner - Guidance on the relationship between the OIA and the Privacy
Act 1993 with respect to personal information held by government agencies.
Measures of Success
The Ministry has the following measure of success in place.
Ministerial servicing standards for portfolios agreed with Ministers require 95% or more
of advice on Ministerial OIAs to be provided within specified timeframes.
The OIA requires 100% of decisions to be completed and communicated within statutory
timeframes.
The number of OIA complaints to the Ombudsman regarding MBIE is no more than 5%
of total requests responded to in any financial year.
The number of OIA final views formed by the Ombudsman against MBIE will be 5 or
fewer in any financial year.
Consultation processes in developing or reviewing this Policy
In reviewing and updating this policy, Ministerial Services consulted with:
Enterprise Risk and Assurance
Legal Services
Engagement and Communications and Business Groups.
Compliance Management
Compliance management process
Staff are required to use and comply with the compliance tools located in the mandatory
procedures.
Tools such as those listed below will help ensure compliance with this policy
Completing the coversheet/checklist process or briefing for each OIA:
o Sign out and quality assurance requirements – peer review, subject matter
experts, Tier 3 or 4 managers or General Manager review
o Consultation with subject matters experts, and where necessary
Communications, Legal Services or Ministerial Services
o Risks and mitigation analysis as required
Saving a complete record of the OIA into MBIE’s record management system including
evidence that the OIA was acknowledged, any other correspondence (i.e. relating to
extensions), consultation, the decision/s made and the response sent to the requestor
Compliance with service standards and expectations set out in the Business Partnering
Agreements between Ministerial Services and Business Groups
Monitoring the Ministry’s progress against its success measures.
Date of issue: 1/08/2017
Next Review: 1/08/2019
Approved: Chief Executive
Policy Owner: General Manager,
Policy Author: Manager, Ministerial Services
ECoMS
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Compliance reporting and information
Ministerial Services information regarding the performance of this policy will be provided to
the Enterprise Risk and Assurance Branch every quarter including The Hive’s report which
tracks the Ministry’s performance against its success measures.
The Ministry’s OIA performance and complaints statistics are also made publicly available on
the:
State Services Commission (SSC) website which publishes all OIA request statistics and
timeliness performance across all State sector organisations.
Ombudsman website which publishes the number and outcomes of OIA complaints
against Ministers and State sector organisations.
Training and Communication
In conjunction with the Legal Services Branch, Ministerial Services provides an
Official
Information Act and Privacy course, available to all Ministry staff monthly through
Learn@MBIE.
Ministerial Services has established an
OIA Community of Practice monthly sessions for
MBIE’s OIA practitioners and advisors to ensure they have up to date information on the
latest Ombudsman guidance and have a forum where common issues and best practice can
be debated.
Role-specific training to support staff in self-servicing teams should be provided by business
units.
The MBIE OIA Policy, mandatory procedures and processes, and guidance information is
available through the intranet.
Key Accountabilities and Responsibilities
Role
Description of responsibility
Chief Executive
Responsible for:
Approval of this policy and procedures
The Ministry meeting its obligations under this policy
Senior Leadership
Responsible for reviewing and endorsing this policy and associated
Team
procedures or recommending changes to the policy.
Deputy Chief
Responsible for:
Executives
Embedding this policy in their groups
Ensuring their business groups are complying with this policy,
procedures, guidance and templates as applicable
Ensuring their business groups are complying with the
no
surprises convention
Ensuring appropriate managers have been delegated
responsibility for signing out OIA responses in their areas.
Policy owner
Responsible for:
(General Manager
Ensuring the policy is working effectively through regular
Date of issue: 1/08/2017
Next Review: 1/08/2019
Approved: Chief Executive
Policy Owner: General Manager,
Policy Author: Manager, Ministerial Services
ECoMS
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- Engagement,
monitoring and reporting of compliance to the policy
Communications
Proactive release of information
and Ministerial
Maintenance and updating of this policy
Services)
Promoting staff awareness.
Tier 3 or 4
Responsible for:
Managers who
The content and signing out of the OIA response or advice. A
have been
manager must review the response, including any decisions
delegated OIA sign
made on information
out
Escalating or informing the DCE about any aspects of a request
that might create risk.
Approving consultation with Ministers on departmental OIA.
All staff
Responsible for:
Advising Ministerial Services at [email address] on the same
day they receive an OIA request which is required to go
through the formal process
Checking with Ministerial Services that a request should be
logged as an OIA if unsure
Treating the OIA response process as a priority
Following correct records management process
Ministerial
Responsible for:
Services,
Working with the relevant business group to determine which
Communications
approach is the most appropriate to take in responding to an
Advisors, Legal
OIA request received where staff are unsure about the correct
Services
process to follow
Writer or analyst
Responsible for:
Drafting the OIA response
Arranging a scoping meeting within 3 working days of receipt
Coordinating input from the relevant business group or groups
Managing the quality assurance and sign out process
Advising manager and communications on need to consult
Minister of departmental OIA.
Consulting requester on scope of request.
Date of issue: 1/08/2017
Next Review: 1/08/2019
Approved: Chief Executive
Policy Owner: General Manager,
Policy Author: Manager, Ministerial Services
ECoMS
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