19-E-0659 – DOC-6081497
1 October 2019
T Benseman
Via fyi.org
Dear Mr Benseman
I refer to your official information request of 20 September 2017 regarding photos of
possums.
You asked:
How many photos of possums eating birds or eggs do you have? Please send me
copies of them.
Our decision
We are refusing your request under section 18(h) of the OIA, as it is a combination of
being both frivolous and vexatious.
In reaching that view we note that publicly available information indicates that you
believe that the department holds only one such photo and that it has been staged.
Basis for finding your request frivolous – it is obvious we have more than
one photo
We have decided to refuse your request as frivolous because a search of our website on
the term ‘possum’ provides several examples of photos of possums preying on native
birds and eggs, from both internal and external sources. Without having to review our
files, this publicly available information dispels your assertion that the department
holds only one such photo.
We also note that providing a response to your specific request could not be completed
without substantial collation and research. This is because we would have to conduct a
search of every photo held at local offices around the country for the specific subject
matter of your request. We believe conducting that collation and research would
disclose further photographs within scope of your request, as well as other media.
However, we consider that given the circumstances surrounding your request this is
unwarranted.
Basis for finding your request vexatious – we rely on scientific evidence,
not conjecture
Our decision to also decline your request as being vexatious is based on your apparent
assertion that that the photo has been staged. That is simply not the case. The position
you appear to have taken ignores the surrounding scientific evidence. In the first
instance we direct you to the following link that can be found on the department’s
website:
Conservation House -
Whare Kaupapa Atawhai
PO Box 10 420, Wellington 6143
Telephone (04) 471 0726, Fax (04) 381 3057
https://www.doc.govt.nz/news/media-releases/2010/possums-eat-kea/
To further assist your understanding, we set out below two journal articles that
address the unique way possums prey on eggs and birds:
https://newzealandecology.org/system/files/articles/NZJEcol20_2_277.pdf
https://www.notornis.osnz.org.nz/system/files/Notornis_40_3_169.pdf
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
If you wish to discuss this decision with us, please feel free to contact us at
[email address]. Yours sincerely
Hilary Aikman
Director, National Operations
For Director-General
