Georgia Tawharu
From:
Georgia Tawharu on behalf of OIA Requests
Sent:
Wednesday, 6 November 2019 9:13 AM
To:
Chris Johnston
Subject:
RE: Official Information request - VUW: Records mentioning scientists Dr Ned Nikolov and/or Dr
Karl Zeller and/or Dr Roy Spencer
Kia ora Chris
The University has not received an OIA request relating to Dr Ned Nikolov, Dr Karl Zeller, Dr Roy Spencer.
Ngā mihi nui
Georgia Tawharu Adviser, Information Access and Copyright – Legal Services
Victoria University of Wellington | Te Whare Wānanga o te Ūpoko o te Ika a Māui
Phone: 04 463 5249
Room 213, Hunter Building
Gate 2 Kelburn Parade PO Box 600, Wellington 6140, New Zealand
This message and any attachments may contain confidential information. If you are not the intended recipient, please notify the
sender immediately and destroy any copies of this e‐mail.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Chris Johnston <fyi‐request‐11355‐[email address]>
Sent: Tuesday, 5 November 2019 1:35 PM
To: OIA Requests <[VUW request email]>
Subject: Re: Official Information request ‐ VUW: Records mentioning scientists Dr Ned Nikolov and/or Dr Karl Zeller
and/or Dr Roy Spencer
Dear Victoria University of Wellington,
Note: There has been a corruption of the record for this OIA on the fyi.org.nz website ‐ which I have reported as a
complaint to the administrator.
Please confirm that the request for information preparing for a possible quantitative response is underway. As per
the associated OIA requests ‐ is the ETA 15 November 2019?
From my point of view I am assisting VUW to comply with the law in answering the original OIA.
Could you also please respond to my responses to the VUW logic in declining the OIA. If VUW have not changed
their mind this will determine whether we head to the Ombudsman.
If there is no response by the close of business on Thursday 7 November then I will assume that you are not
reconsidering. If you want to buy time to reconsider then please provide a date.
Yours faithfully,
Chris Johnston
1
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
fyi‐request‐11355‐[email address]
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2
Georgia Tawharu
From:
Chris Johnston <[email address]>
Sent:
Monday, 9 December 2019 12:20 PM
To:
OIA Requests
Subject:
Re: Official Information request - VUW: Records mentioning scientist Patrick Frank
Follow Up Flag:
Follow up
Flag Status:
Completed
Dear OIA Requests,
Thanks for your estimate of the effort required to meet the record count triage request that helps VUW and myself:
1) Understand whether the counts are sufficient in their own right to answer my question (e.g. a zero count might),
and/or
2) Whether the original OIA request can be answered because the number of documents involved is low – and
therefore any effort to redact etc is low.
I will regard this letter as consultation on how to best meet the need for the information. This will enable you to
respond in a more immediate way than waiting for the full allocated time, then extending the time, then providing a
cost instead of an answer. I note that VUW has not followed its own process with respect to this OIA request as
documented in “OIA process document.pdf”. For clarity I have included details of this process from the following
OIA https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11558‐vuw‐
evidence‐of‐ability‐to‐comply‐with‐the‐public‐records‐act‐and‐the‐
oia&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e236951
427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=xzsybgz9Ow%2B6divXG%2B%2Be9Y1Mf
bDjpQbaHJ2gQ9oENtQ%3D&reserved=0 below:
"Extensions:
•
Should be given rather than declining for substantial collation or research under s18(f).
•
Only extend for the amount of time needed.
Charging:
•
Should be given rather than declining for substantial collation or research under section 18(f).
•
There are strict requirements set out in the Ombudsman’s Charging Guidelines.
•
Send the letter to the requester within the timeframe giving them time to pay to within the timeframe"
An extension was requested (presumably to complete the “substantial collation or research” rather than decline the
request (as in the guideline quoted above). However, the VUW letter of 3 Dec 2019 is written in the future tenths –
so I conclude that the research has not yet been undertaken.
I note that the procedure for charging is to send the letter to the requester “within the timeframe giving them time
to pay within the timeframe”. Note that “within the timeframe” is mentioned twice. Communication sent on 3
December 2019 for a (extended) 5 December 2019 deadline with a promise of the results within 20 working days
from the date of payment is not very compliant or proactive.
A selection of some key dates so far is also worth being explicit about:
•
2 October 2019 – Original request by myself
•
25 October 2019 – VUW refuse under 18(f) without consultation as required under 18B
•
30 October 2019 – An initial way of triaging by counting documents is suggested (so that i) the size can be
estimated and ii) issue be taken with VUW’s logic of “too much effort”)
•
27 November 2019 – An extension letter sent by VUW
•
3 December 2019 – VUW concludes after 5 weeks (including an extension) that it takes 20 minutes per
search to count documents in SharePoint/O365.
1
In order to provide some credibility to the 20‐minute estimate VUW needs to provide a description of the
process/steps followed to undertake their search. For example, is this human effort or computer run time, and can
any “computer run time” be run in parallel?
CONSULTATION 1) Describe the process/steps followed to undertake the requested search to estimate the number
of documents for a single cell in the grid that justifies “20 minutes per search” [Effort] CONSULTATION 2) Describe
the total amount of time in total that is reasonable to respond to an OIA that would not attract a charge from VUW.
[Time Budget].
PROPOSAL 1) Where we can agree [Effort] we will calculate [Time Budget] by [Effort] and arrive at a “number of cells
to be searched” for triage purposes. My proposal is 3 hours total, which even at 20 mins per search this would
provide us with 9 searches per OIA (3 hours/20 mins). I would select the combinations to search and redefine the
grid.
ORIGNAL OIA of 2 OCTOBER 2019
VUW has also not responded to the questions posed in my communication of the 5 November 2019 about the logic
used in declining the request. On 13 November 2019 VUW said that it was [re]considering its position. [My
annotation].
CONSULTATION 3) Has VUW changed its mind on how the original OIA of 2 October 2019 will be treated?
THE PATH FROM HERE
When taken in the whole, it seems that:
•
Both of the following OIAs with VUW are affected – both significantly overdue:
o
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11357‐vuw‐
records‐mentioning‐scientist‐patrick‐
frank&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e2369
51427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=r8qlGUefcdarUjYLpiZHW5jir3NsrbTclK
WLpj5EG7I%3D&reserved=0
o
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11356‐vuw‐
records‐mentioning‐scientists‐dr‐ronan‐connolly‐and‐or‐michael‐connolly‐and‐or‐christopher‐
monckton&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e
236951427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=NKb1iizHwCFZFvc%2FDz6xY0z44
BG8%2B%2BpZ%2BcCwAIGTQ74%3D&reserved=0
•
It would be simpler and cheaper to revisit the original OIAs in their original form now that there is greater
clarity on VUW’s self‐acknowledged obligations and the awareness of its staff.
o
All academic staff in VUW are clearly briefed that the information they create is subject to the OIA
o
The argument of “free and frank” expression has thus fallen away.
o
See IRM Booklet.pdf in
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11558‐vuw‐
evidence‐of‐ability‐to‐comply‐with‐the‐public‐records‐act‐and‐the‐
oia&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e236951
427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=xzsybgz9Ow%2B6divXG%2B%2Be9Y1Mf
bDjpQbaHJ2gQ9oENtQ%3D&reserved=0 and my summary letter in that OIA trail at the link of 9 December
2019
•
I need answers to CONSULTATION 1, 2 and 3 above.
•
In the meantime, and without prejudice to continuing this process directly with VUW, I will be forwarding
this OIA and the other associated ones to the Ombudsman for their input and guidance.
I note that the following OIA with VUW is also underway and may encounter similar debates, issues and delays:
o
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11355‐vuw‐
records‐mentioning‐scientists‐dr‐ned‐nikolov‐and‐or‐dr‐karl‐zeller‐and‐or‐dr‐roy‐
spencer&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e23
6951427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=LxNFilmlOBe0rzz8lNooU9hCnQB7V
FVSXjNiYbOAolo%3D&reserved=0
Yours sincerely,
Chris Johnston
2
‐‐‐‐‐Original Message‐‐‐‐‐
Please find the attached response to your request for information.
Ngā mihi nui
Georgia Tawharu
Adviser, Information Access & Copyright
Legal Services
Te Herenga Waka—Victoria University of Wellington
+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+
|Phone +64 4 463 |
|5249 |
|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|
|[1]https://apc01.safelinks.protection.outlook.com/?url=www.wgtn.ac.nz&data=02%7C01%7Coiarequests%40
vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e236951427e8683bb84dcf1d20c%7C0%7C0%7C6371
14440250422770&sdata=yN%2FX1SSXQnvvXygz8hZFg0%2FmUJROsBf8gbsPBVMyTV8%3D&reserved=0 ||
|0800 04 04 04 |
|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|
+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+
This message and any attachments may contain confidential information. If you are not the intended recipient,
please notify the sender immediately and destroy any copies of this e‐mail.
References
Visible links
1. http://www.victoria.ac.nz/
http://www.victoria.ac.nz/
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
fyi‐request‐11357‐[email address]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright
policies:
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3
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your
organisation's OIA or LGOIMA page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
4
Georgia Tawharu
From:
Chris Johnston <[email address]>
Sent:
Monday, 9 December 2019 12:35 PM
To:
OIA Requests
Subject:
RE: Official Information request - VUW: Records mentioning scientists Dr Ronan Connolly and/or
Michael Connolly and/or Christopher Monckton
Follow Up Flag:
Follow up
Flag Status:
Completed
Dear OIA Requests,
Thanks for your estimate of the effort required to meet the record count triage request that helps VUW and myself:
1) Understand whether the counts are sufficient in their own right to answer my question (e.g. a zero count might),
and/or
2) Whether the original OIA request can be answered because the number of documents involved is low – and
therefore any effort to redact etc is low.
The interim information is useful in that it outlines that there is significant information of use and puts an upper
bound around the numbers. It looks like there are approx 75 documents that would need to be reviewed under the
column Ronan Connolly were VUW to answer this OIA as originally requested. This is under the assumption that
many of the counts of documents are the same document. Redacting 75 documents does not to me seem to be too
much work.
I will regard this letter as consultation on how to best meet the need for the information I have requested. This will
enable you to respond in a more immediate way than waiting for the full allocated time.
ORIGNAL OIA of 2 OCTOBER 2019
VUW has also not responded to the questions posed in my communication of the 5 November 2019 about the logic
used in declining the request. On 13 November 2019 VUW said that it was [re]considering its position. [My
annotation].
CONSULTATION 3) Has VUW changed its mind on how the original OIA of 2 October 2019 will be treated?
THE PATH FROM HERE
When taken in the whole, it seems that:
•
Both of the following OIAs with VUW are affected – both significantly overdue:
o
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11357‐vuw‐
records‐mentioning‐scientist‐patrick‐
frank&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63e236
951427e8683bb84dcf1d20c%7C0%7C0%7C637114449025741561&sdata=u%2BnRG%2FYMP%2Bq9XzLXepTQb
tbVTmNPd5rxxj9cN5ntMPI%3D&reserved=0
o
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11356‐vuw‐
records‐mentioning‐scientists‐dr‐ronan‐connolly‐and‐or‐michael‐connolly‐and‐or‐christopher‐
monckton&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63
e236951427e8683bb84dcf1d20c%7C0%7C0%7C637114449025741561&sdata=AiaaSSWBiFiRBMMl%2FO4895iI
E1NBUuSr9%2FgZ1GR5ZtU%3D&reserved=0
•
It would be simpler and cheaper to revisit the original OIAs in their original form now that there is greater
clarity on VUW’s self‐acknowledged obligations and the awareness of its staff.
o
All academic staff in VUW are clearly briefed that the information they create is subject to the OIA
o
The argument of “free and frank” expression has thus fallen away.
o
See IRM Booklet.pdf in
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11558‐vuw‐
evidence‐of‐ability‐to‐comply‐with‐the‐public‐records‐act‐and‐the‐
1
oia&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63e23695
1427e8683bb84dcf1d20c%7C0%7C0%7C637114449025741561&sdata=C4iM6xXE%2Blk7MsLkOo97bUxavyWzfl
GD5P%2FAU%2Bd4ylw%3D&reserved=0 and my summary letter in that OIA trail at the link of 9 December
2019
•
In the meantime, and without prejudice to continuing this process directly with VUW, I will be forwarding
this OIA and the other associated ones to the Ombudsman for their input and guidance.
I note that the following OIA with VUW is also underway and may encounter similar debates, issues and delays:
o
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11355‐vuw‐
records‐mentioning‐scientists‐dr‐ned‐nikolov‐and‐or‐dr‐karl‐zeller‐and‐or‐dr‐roy‐
spencer&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63e2
36951427e8683bb84dcf1d20c%7C0%7C0%7C637114449025751559&sdata=Yk45PHtdHn4tCkk4Cr4NLnS9yvie8
y6qCzNEriZvIEc%3D&reserved=0
Yours sincerely,
Chris Johnston
‐‐‐‐‐Original Message‐‐‐‐‐
Please find the attached response to your request for information.
Ngā mihi nui
Georgia Tawharu
Adviser, Information Access & Copyright
Legal Services
Te Herenga Waka—Victoria University of Wellington
+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+
|Phone +64 4 463 |
|5249 |
|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|
|[1]https://apc01.safelinks.protection.outlook.com/?url=www.wgtn.ac.nz&data=02%7C01%7Coiarequests%40
vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63e236951427e8683bb84dcf1d20c%7C0%7C0%7C637
114449025751559&sdata=mRyoaT%2FUj%2FQ%2FLiKVg5jU18txUI9LQF%2B7EOGbBryo65s%3D&reserved
=0 ||
|0800 04 04 04 |
|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|
+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+
This message and any attachments may contain confidential information. If you are not the intended recipient,
please notify the sender immediately and destroy any copies of this e‐mail.
2
References
Visible links
1. http://www.victoria.ac.nz/
http://www.victoria.ac.nz/
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
fyi‐request‐11356‐[email address]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright
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f1d20c%7C0%7C0%7C637114449025751559&sdata=bbIpgkrdRTcJxzYg0Mat%2FsbwvICUOTsmiE3htjcphmA%3
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3
Georgia Tawharu
From:
Georgia Tawharu on behalf of OIA Requests
Sent:
Thursday, 19 December 2019 2:48 PM
To:
Chris Johnston
Subject:
RE: Official Information request - VUW: Records mentioning scientists Dr Ned Nikolov and/or Dr
Karl Zeller and/or Dr Roy Spencer
Kia ora Chris
As stated in my email of 6 November 2019, the University has not received an OIA request relating to Dr Ned
Nikolov, Dr Karl Zeller, and Dr Roy Spencer.
The only correspondence the University holds on this matter is as follows:
‐
Your email of 5 November 2019 asking if the University had received an OIA request relating to Dr Ned
Nikolov, Dr Karl Zeller, and Dr Roy Spencer;
‐
My response of 6 November 2019 confirming that the University had not received an OIA request relating to
Dr Ned Nikolov, Dr Karl Zeller, and Dr Roy Spencer;
‐
Your email of 9 December 2019 asking for the University to confirm receipt of an OIA request relating to Dr
Ned Nikolov, Dr Karl Zeller, and Dr Roy Spencer, and confirmation of the expected date of response.
If you wish to make an OIA request relating to Dr Ned Nikolov, Dr Karl Zeller, and Dr Roy Spencer, let us know.
Please provide details of the information you wish to receive, and the University will consider this as a new OIA
request.
Ngā mihi nui
Georgia Tawharu Adviser, Information Access & Copyright
Legal Services
Te Herenga Waka—Victoria University of Wellington
Phone +64 4 463 5249
www.wgtn.ac.nz | 0800 04 04 04
This message and any attachments may contain confidential information. If you are not the intended recipient, please notify the
sender immediately and destroy any copies of this e‐mail.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Chris Johnston <fyi‐request‐11355‐[email address]>
Sent: Monday, 9 December 2019 11:51 AM
To: OIA Requests <[VUW request email]>
Subject: RE: Official Information request ‐ VUW: Records mentioning scientists Dr Ned Nikolov and/or Dr Karl Zeller
and/or Dr Roy Spencer
Dear OIA Requests,
I would like to confirm that this OIA has been received and is being actioned by VUW.
1
Can you also please confirm the date that you expect to reply?
Yours sincerely,
Chris Johnston
‐‐‐‐‐Original Message‐‐‐‐‐
Kia ora Chris
The University has not received an OIA request relating to Dr Ned Nikolov, Dr Karl Zeller, Dr Roy Spencer.
Ngâ mihi nui
Georgia Tawharu
Adviser, Information Access and Copyright – Legal Services
Victoria University of Wellington | Te Whare Wânanga o te Ûpoko o te Ika a Mâui
Phone: 04 463 5249
Room 213, Hunter Building
Gate 2 Kelburn Parade PO Box 600, Wellington 6140, New Zealand
This message and any attachments may contain confidential information. If you are not the intended recipient,
please notify the sender immediately and destroy any copies of this e‐mail.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
fyi‐request‐11355‐[email address]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright
policies:
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Fhelp%2Fofficers&data=02
%7C01%7Coiarequests%40vuw.ac.nz%7C27d553b52b7945a52a5a08d77c310b6a%7Ccfe63e236951427e8683bb84d
cf1d20c%7C0%7C0%7C637114422449696849&sdata=lDOvLW3d9HX8WBZOY8pAyeBW59%2FpL3S%2FiWgWvy
pLS1Y%3D&reserved=0
2
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your
organisation's OIA or LGOIMA page.
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3
Georgia Tawharu
From:
Georgia Tawharu on behalf of OIA Requests
Sent:
Thursday, 19 December 2019 2:48 PM
To:
Chris Johnston
Subject:
RE: Official Information request - VUW: Records mentioning scientist Patrick Frank
Kia ora Chris
The University is closed from today and will reopen at 8am on the 6th of January 2020. We will respond to your
email as soon as we can.
Ngā mihi nui
Georgia Tawharu Adviser, Information Access & Copyright
Legal Services
Te Herenga Waka—Victoria University of Wellington
Phone +64 4 463 5249
www.wgtn.ac.nz | 0800 04 04 04
This message and any attachments may contain confidential information. If you are not the intended recipient, please notify the
sender immediately and destroy any copies of this e‐mail.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Chris Johnston <fyi‐request‐11357‐[email address]>
Sent: Monday, 9 December 2019 12:20 PM
To: OIA Requests <[VUW request email]>
Subject: Re: Official Information request ‐ VUW: Records mentioning scientist Patrick Frank
Dear OIA Requests,
Thanks for your estimate of the effort required to meet the record count triage request that helps VUW and myself:
1) Understand whether the counts are sufficient in their own right to answer my question (e.g. a zero count might),
and/or
2) Whether the original OIA request can be answered because the number of documents involved is low – and
therefore any effort to redact etc is low.
I will regard this letter as consultation on how to best meet the need for the information. This will enable you to
respond in a more immediate way than waiting for the full allocated time, then extending the time, then providing a
cost instead of an answer. I note that VUW has not followed its own process with respect to this OIA request as
documented in “OIA process document.pdf”. For clarity I have included details of this process from the following
OIA https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11558‐vuw‐
evidence‐of‐ability‐to‐comply‐with‐the‐public‐records‐act‐and‐the‐
oia&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e236951
1
427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=xzsybgz9Ow%2B6divXG%2B%2Be9Y1Mf
bDjpQbaHJ2gQ9oENtQ%3D&reserved=0 below:
"Extensions:
• Should be given rather than declining for substantial collation or research under s18(f).
• Only extend for the amount of time needed.
Charging:
• Should be given rather than declining for substantial collation or research under section 18(f).
• There are strict requirements set out in the Ombudsman’s Charging Guidelines.
• Send the letter to the requester within the timeframe giving them time to pay to within the timeframe"
An extension was requested (presumably to complete the “substantial collation or research” rather than decline the
request (as in the guideline quoted above). However, the VUW letter of 3 Dec 2019 is written in the future tenths –
so I conclude that the research has not yet been undertaken.
I note that the procedure for charging is to send the letter to the requester “within the timeframe giving them time
to pay within the timeframe”. Note that “within the timeframe” is mentioned twice. Communication sent on 3
December 2019 for a (extended) 5 December 2019 deadline with a promise of the results within 20 working days
from the date of payment is not very compliant or proactive.
A selection of some key dates so far is also worth being explicit about:
• 2 October 2019 – Original request by myself
• 25 October 2019 – VUW refuse under 18(f) without consultation as required under 18B
• 30 October 2019 – An initial way of triaging by counting documents is suggested (so that i) the size can be
estimated and ii) issue be taken with VUW’s logic of “too much effort”)
• 27 November 2019 – An extension letter sent by VUW
• 3 December 2019 – VUW concludes after 5 weeks (including an extension) that it takes 20 minutes per
search to count documents in SharePoint/O365.
In order to provide some credibility to the 20‐minute estimate VUW needs to provide a description of the
process/steps followed to undertake their search. For example, is this human effort or computer run time, and can
any “computer run time” be run in parallel?
CONSULTATION 1) Describe the process/steps followed to undertake the requested search to estimate the number
of documents for a single cell in the grid that justifies “20 minutes per search” [Effort] CONSULTATION 2) Describe
the total amount of time in total that is reasonable to respond to an OIA that would not attract a charge from VUW.
[Time Budget].
PROPOSAL 1) Where we can agree [Effort] we will calculate [Time Budget] by [Effort] and arrive at a “number of cells
to be searched” for triage purposes. My proposal is 3 hours total, which even at 20 mins per search this would
provide us with 9 searches per OIA (3 hours/20 mins). I would select the combinations to search and redefine the
grid.
ORIGNAL OIA of 2 OCTOBER 2019
VUW has also not responded to the questions posed in my communication of the 5 November 2019 about the logic
used in declining the request. On 13 November 2019 VUW said that it was [re]considering its position. [My
annotation].
CONSULTATION 3) Has VUW changed its mind on how the original OIA of 2 October 2019 will be treated?
THE PATH FROM HERE
When taken in the whole, it seems that:
• Both of the following OIAs with VUW are affected – both significantly overdue:
o https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11357‐vuw‐
records‐mentioning‐scientist‐patrick‐
frank&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e2369
51427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=r8qlGUefcdarUjYLpiZHW5jir3NsrbTclK
WLpj5EG7I%3D&reserved=0
o https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11356‐vuw‐
records‐mentioning‐scientists‐dr‐ronan‐connolly‐and‐or‐michael‐connolly‐and‐or‐christopher‐
2
monckton&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e
236951427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=NKb1iizHwCFZFvc%2FDz6xY0z44
BG8%2B%2BpZ%2BcCwAIGTQ74%3D&reserved=0
• It would be simpler and cheaper to revisit the original OIAs in their original form now that there is greater
clarity on VUW’s self‐acknowledged obligations and the awareness of its staff.
o All academic staff in VUW are clearly briefed that the information they create is subject to the OIA
o The argument of “free and frank” expression has thus fallen away.
o See IRM Booklet.pdf in
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11558‐vuw‐
evidence‐of‐ability‐to‐comply‐with‐the‐public‐records‐act‐and‐the‐
oia&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e236951
427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=xzsybgz9Ow%2B6divXG%2B%2Be9Y1Mf
bDjpQbaHJ2gQ9oENtQ%3D&reserved=0 and my summary letter in that OIA trail at the link of 9 December
2019
• I need answers to CONSULTATION 1, 2 and 3 above.
• In the meantime, and without prejudice to continuing this process directly with VUW, I will be forwarding
this OIA and the other associated ones to the Ombudsman for their input and guidance.
I note that the following OIA with VUW is also underway and may encounter similar debates, issues and delays:
o https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11355‐vuw‐
records‐mentioning‐scientists‐dr‐ned‐nikolov‐and‐or‐dr‐karl‐zeller‐and‐or‐dr‐roy‐
spencer&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e23
6951427e8683bb84dcf1d20c%7C0%7C0%7C637114440250422770&sdata=LxNFilmlOBe0rzz8lNooU9hCnQB7V
FVSXjNiYbOAolo%3D&reserved=0
Yours sincerely,
Chris Johnston
‐‐‐‐‐Original Message‐‐‐‐‐
Please find the attached response to your request for information.
Ngā mihi nui
Georgia Tawharu
Adviser, Information Access & Copyright
Legal Services
Te Herenga Waka—Victoria University of Wellington
+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+
|Phone +64 4 463 |
|5249 |
|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|
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vuw.ac.nz%7C23853095e4eb4ff1797908d77c35326f%7Ccfe63e236951427e8683bb84dcf1d20c%7C0%7C0%7C6371
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3
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References
Visible links
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http://www.victoria.ac.nz/
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fyi‐request‐11357‐[email address]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright
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4
Georgia Tawharu
From:
Georgia Tawharu on behalf of OIA Requests
Sent:
Thursday, 19 December 2019 2:48 PM
To:
Chris Johnston
Subject:
RE: Official Information request - VUW: Records mentioning scientists Dr Ronan Connolly and/or
Michael Connolly and/or Christopher Monckton
Kia ora Chris
The University is closed from today and will reopen at 8am on the 6th of January 2020. We will respond to your
email as soon as we can.
Ngā mihi nui
Georgia Tawharu Adviser, Information Access & Copyright
Legal Services
Te Herenga Waka—Victoria University of Wellington
Phone +64 4 463 5249
www.wgtn.ac.nz | 0800 04 04 04
This message and any attachments may contain confidential information. If you are not the intended recipient, please notify the
sender immediately and destroy any copies of this e‐mail.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Chris Johnston <fyi‐request‐11356‐[email address]>
Sent: Monday, 9 December 2019 12:35 PM
To: OIA Requests <[VUW request email]>
Subject: RE: Official Information request ‐ VUW: Records mentioning scientists Dr Ronan Connolly and/or Michael
Connolly and/or Christopher Monckton
Dear OIA Requests,
Thanks for your estimate of the effort required to meet the record count triage request that helps VUW and myself:
1) Understand whether the counts are sufficient in their own right to answer my question (e.g. a zero count might),
and/or
2) Whether the original OIA request can be answered because the number of documents involved is low – and
therefore any effort to redact etc is low.
The interim information is useful in that it outlines that there is significant information of use and puts an upper
bound around the numbers. It looks like there are approx 75 documents that would need to be reviewed under the
column Ronan Connolly were VUW to answer this OIA as originally requested. This is under the assumption that
many of the counts of documents are the same document. Redacting 75 documents does not to me seem to be too
much work.
1
I will regard this letter as consultation on how to best meet the need for the information I have requested. This will
enable you to respond in a more immediate way than waiting for the full allocated time.
ORIGNAL OIA of 2 OCTOBER 2019
VUW has also not responded to the questions posed in my communication of the 5 November 2019 about the logic
used in declining the request. On 13 November 2019 VUW said that it was [re]considering its position. [My
annotation].
CONSULTATION 3) Has VUW changed its mind on how the original OIA of 2 October 2019 will be treated?
THE PATH FROM HERE
When taken in the whole, it seems that:
• Both of the following OIAs with VUW are affected – both significantly overdue:
o https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11357‐vuw‐
records‐mentioning‐scientist‐patrick‐
frank&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63e236
951427e8683bb84dcf1d20c%7C0%7C0%7C637114449025741561&sdata=u%2BnRG%2FYMP%2Bq9XzLXepTQb
tbVTmNPd5rxxj9cN5ntMPI%3D&reserved=0
o https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11356‐vuw‐
records‐mentioning‐scientists‐dr‐ronan‐connolly‐and‐or‐michael‐connolly‐and‐or‐christopher‐
monckton&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63
e236951427e8683bb84dcf1d20c%7C0%7C0%7C637114449025741561&sdata=AiaaSSWBiFiRBMMl%2FO4895iI
E1NBUuSr9%2FgZ1GR5ZtU%3D&reserved=0
• It would be simpler and cheaper to revisit the original OIAs in their original form now that there is greater
clarity on VUW’s self‐acknowledged obligations and the awareness of its staff.
o All academic staff in VUW are clearly briefed that the information they create is subject to the OIA
o The argument of “free and frank” expression has thus fallen away.
o See IRM Booklet.pdf in
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11558‐vuw‐
evidence‐of‐ability‐to‐comply‐with‐the‐public‐records‐act‐and‐the‐
oia&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63e23695
1427e8683bb84dcf1d20c%7C0%7C0%7C637114449025741561&sdata=C4iM6xXE%2Blk7MsLkOo97bUxavyWzfl
GD5P%2FAU%2Bd4ylw%3D&reserved=0 and my summary letter in that OIA trail at the link of 9 December
2019
• In the meantime, and without prejudice to continuing this process directly with VUW, I will be forwarding
this OIA and the other associated ones to the Ombudsman for their input and guidance.
I note that the following OIA with VUW is also underway and may encounter similar debates, issues and delays:
o https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11355‐vuw‐
records‐mentioning‐scientists‐dr‐ned‐nikolov‐and‐or‐dr‐karl‐zeller‐and‐or‐dr‐roy‐
spencer&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63e2
36951427e8683bb84dcf1d20c%7C0%7C0%7C637114449025751559&sdata=Yk45PHtdHn4tCkk4Cr4NLnS9yvie8
y6qCzNEriZvIEc%3D&reserved=0
Yours sincerely,
Chris Johnston
‐‐‐‐‐Original Message‐‐‐‐‐
Please find the attached response to your request for information.
Ngā mihi nui
2
Georgia Tawharu
Adviser, Information Access & Copyright
Legal Services
Te Herenga Waka—Victoria University of Wellington
+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+
|Phone +64 4 463 |
|5249 |
|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|
|[1]https://apc01.safelinks.protection.outlook.com/?url=www.wgtn.ac.nz&data=02%7C01%7Coiarequests%40
vuw.ac.nz%7C8839e36039c74b74a1e908d77c373da3%7Ccfe63e236951427e8683bb84dcf1d20c%7C0%7C0%7C637
114449025751559&sdata=mRyoaT%2FUj%2FQ%2FLiKVg5jU18txUI9LQF%2B7EOGbBryo65s%3D&reserved
=0 ||
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This message and any attachments may contain confidential information. If you are not the intended recipient,
please notify the sender immediately and destroy any copies of this e‐mail.
References
Visible links
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http://www.victoria.ac.nz/
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3
Georgia Tawharu
From:
Chris Johnston <[FYI request #11355 email]>
Sent:
Sunday, 5 January 2020 10:28 PM
To:
OIA Requests
Subject:
RE: Official Information request - VUW: Records mentioning scientists Dr Ned Nikolov and/or Dr
Karl Zeller and/or Dr Roy Spencer
Dear OIA Requests,
Thank you for your reply of 19 December 2019.
It is perplexing that VUW believes that it has not received a request of the following OIA logged on fyi.org.nz
Maybe a spam filter or similar? The OIA record and history of communication is listed at the link below:
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffyi.org.nz%2Frequest%2F11355‐vuw‐
records‐mentioning‐scientists‐dr‐ned‐nikolov‐and‐or‐dr‐karl‐zeller‐and‐or‐dr‐roy‐
spencer&data=02%7C01%7Coiarequests%40vuw.ac.nz%7C51790afd37ee4832224808d791c1823d%7Ccfe63e2
36951427e8683bb84dcf1d20c%7C0%7C1%7C637138132664405888&sdata=Hx2iT0IgNKHBke8gJwZBD4qJQz6H
5nBDlnhkQqyQXnY%3D&reserved=0
I will send the original text again next, and then a follow up email to ask whether you have received these first two
emails – so a total of 3 emails – all sent on 5 January 2020.
Yours sincerely,
Chris Johnston
‐‐‐‐‐Original Message‐‐‐‐‐
Kia ora Chris
As stated in my email of 6 November 2019, the University has not received an OIA request relating to Dr Ned
Nikolov, Dr Karl Zeller, and Dr Roy Spencer.
The only correspondence the University holds on this matter is as follows:
‐ Your email of 5 November 2019 asking if the University had received an OIA request relating to Dr Ned
Nikolov, Dr Karl Zeller, and Dr Roy Spencer;
‐ My response of 6 November 2019 confirming that the University had not received an OIA request relating to
Dr Ned Nikolov, Dr Karl Zeller, and Dr Roy Spencer;
‐ Your email of 9 December 2019 asking for the University to confirm receipt of an OIA request relating to Dr
Ned Nikolov, Dr Karl Zeller, and Dr Roy Spencer, and confirmation of the expected date of response.
1
If you wish to make an OIA request relating to Dr Ned Nikolov, Dr Karl Zeller, and Dr Roy Spencer, let us know.
Please provide details of the information you wish to receive, and the University will consider this as a new OIA
request.
Ngā mihi nui
Georgia Tawharu
Adviser, Information Access & Copyright
Legal Services
Te Herenga Waka—Victoria University of Wellington
+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+
|Phone +64 4 463 |
|5249 |
|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|
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vuw.ac.nz%7C51790afd37ee4832224808d791c1823d%7Ccfe63e236951427e8683bb84dcf1d20c%7C0%7C1%7C6371
38132664405888&sdata=RW0xvafoE2Z2BZ0ElwesyOQtDIJnqVxp24aT9tt9j4I%3D&reserved=0 ||
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Please use this email address for all replies to this request:
fyi‐request‐11355‐[email address]
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2
Georgia Tawharu
From:
Chris Johnston <[FYI request #11355 email]>
Sent:
Sunday, 5 January 2020 10:29 PM
To:
OIA Requests
Subject:
RE: Official Information request - VUW: Records mentioning scientists Dr Ned Nikolov and/or Dr
Karl Zeller and/or Dr Roy Spencer
Categories:
Green
Dear OIA Requests,
This OIA has had trouble being emailed to you – we will see whether this is successful. This is the second of 3 emails
sent on 5 January 2020.
Please provide any information/records (including but not limited to internal/external: documents, emails, notes,
minutes, text messages, or social media messages) mentioning scientists Dr Ned Nikolov and/or Dr Karl Zeller and/or
Dr Roy Spencer as mentioned in the links below.
For context ‐ so that you can correctly identify the individuals ‐ some links relevant to their work are mentioned in
the links below.
1) 2017 Peer Reviewed and Published Paper Describing How Earth's Long Term Average Temperature can be
estimated from NASA data on other planets without referencing the composition of Earth's atmosphere. That is, the
finding is that CO2 does not have an impact on the long term average temperature of Earth.
Links to copies of the paper are provided below (multiple in case one link breaks):
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.researchgate.net%2Fpublication%2F31
7570648_New_Insights_on_the_Physical_Nature_of_the_Atmospheric_Greenhouse_Effect_Deduced_from_an_Em
pirical_Planetary_Temperature_Model&data=02%7C01%7Coiarequests%40vuw.ac.nz%7Ca6ebed96fb4d47753
a2108d791c1be71%7Ccfe63e236951427e8683bb84dcf1d20c%7C0%7C1%7C637138133668342260&sdata=UJr
s2rU64t4zE1%2BIKXnA4NwfAixl4SAi3rukdPeepcM%3D&reserved=0
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.semanticscholar.org%2Fpaper%2FNew
‐Insights‐on‐the‐Physical‐Nature‐of‐the‐Effect‐Nikolov‐
Zeller%2Fbddadcd85b73526f261abc74dab952913881837f&data=02%7C01%7Coiarequests%40vuw.ac.nz%7Ca
6ebed96fb4d47753a2108d791c1be71%7Ccfe63e236951427e8683bb84dcf1d20c%7C0%7C1%7C6371381336683522
58&sdata=98yhUUb0e9bZ3r5%2FWODzIhPuwASfSYKTOFwbSh%2Fmxh4%3D&reserved=0
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.scribd.com%2Fdocument%2F41361684
6%2FNew‐Insights‐on‐the‐Physical‐Nature‐of‐the‐Atmospheric‐Greenhouse‐Effect‐Deduced‐From‐an‐Empirical‐
Planetary‐Temperature‐
Model&data=02%7C01%7Coiarequests%40vuw.ac.nz%7Ca6ebed96fb4d47753a2108d791c1be71%7Ccfe63e23
6951427e8683bb84dcf1d20c%7C0%7C1%7C637138133668352258&sdata=sqnsHnyc0m5Zmv%2BibGYtuffHji0l
Ms%2Bp4gPYT1kKWUA%3D&reserved=0
2) Blog reply by Ned Nikolov in response to a critique by Dr Roy Spencer
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftallbloke.wordpress.com%2F2019%2F01%2F
17%2Fnikolov‐zeller‐reply‐to‐dr‐roy‐spencers‐blog‐
article%2F&data=02%7C01%7Coiarequests%40vuw.ac.nz%7Ca6ebed96fb4d47753a2108d791c1be71%7Ccfe63
e236951427e8683bb84dcf1d20c%7C0%7C1%7C637138133668352258&sdata=Nu9DreUvZs%2BMvIAjEnQg0o7
%2BeonMH%2Fdv680ICbwrrPg%3D&reserved=0
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Since previous attempts at communicating through this channel have failed, I will send a subsequent email with
minimal text and no links to:
a)
Confirm that you have received the first two and
b)
Provide a time stamp so that you can search in a spam filter or similar for emails sent about the same time.
Please provide an acknowledgement of receipt.
Yours sincerely,
Chris Johnston
‐‐‐‐‐Original Message‐‐‐‐‐
Kia ora Chris
As stated in my email of 6 November 2019, the University has not received an OIA request relating to Dr Ned
Nikolov, Dr Karl Zeller, and Dr Roy Spencer.
The only correspondence the University holds on this matter is as follows:
‐ Your email of 5 November 2019 asking if the University had received an OIA request relating to Dr Ned
Nikolov, Dr Karl Zeller, and Dr Roy Spencer;
‐ My response of 6 November 2019 confirming that the University had not received an OIA request relating to
Dr Ned Nikolov, Dr Karl Zeller, and Dr Roy Spencer;
‐ Your email of 9 December 2019 asking for the University to confirm receipt of an OIA request relating to Dr
Ned Nikolov, Dr Karl Zeller, and Dr Roy Spencer, and confirmation of the expected date of response.
If you wish to make an OIA request relating to Dr Ned Nikolov, Dr Karl Zeller, and Dr Roy Spencer, let us know.
Please provide details of the information you wish to receive, and the University will consider this as a new OIA
request.
Ngā mihi nui
Georgia Tawharu
Adviser, Information Access & Copyright
Legal Services
Te Herenga Waka—Victoria University of Wellington
2
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