OIA and PA requests
K Lambert made this Official Information request to Ministry of Business, Innovation & Employment
This request has an unknown status. We're waiting for K Lambert to read recent responses and update the status.
From: K Lambert
Dear Ministry of Business, Innovation & Employment,
I have been following a stuff series on government departments flaunting the requirements of the OIA. I've done my own research as a result of this and so far it seems that some or maybe all agencies are doing this.
To help my research further I am needing to get some information to get a better idea of the volumes of these requests and also how they are managed.
As I suspect that the Privacy Act is probably being treated the same way my request includes that as well.
I have selected five of the largest government departments to begin with. I have not selected yours specifically for any reason other than that.
These requests pertain to the current year (2019) to date and the full three years prior (2016,17,18).It would be appreciated if this could be broken down year by year.
Part 1: Statistics
Please provide for each of the OIA and PA the numbers of the following:
-Requests received
-Requests acknowledged within 20 working days
-Requests in which the requested information or decision to decline was provided within 20 working days
-Requests in which the information was provided, declined or provided in part (obviously separate figures). In the case of declines or partials please identify the sections of each act relied upon to decline in whole or in part
-Requests that took more than three months to either fulfill or decline in whole or in part and the reason for the refusal and for the delay for each one
-Requests that were declined in whole or in part that were escalated to either the ombudsman or privacy commission
In the case of instances that were escalated to either privacy commission or ombudsman, please provide the numbers for:
-Cases in which the matter was found in favour of the applicant's position
-Cases that were found in favour of your position
Please provide the number of instances in which rulings have gone against you and you have arrived at a monetary supplement with the applicant. Please provide the total figure for each year that you paid out in these settlements.
Please also provide the numbers of both OIA and PA requests that at the time of this request, had been received by yourselves more than three months ago and that remain outstanding. Please provide a detailed an explanation for the length of time for each case.
Part 2: Policy, procedure, practice and personnel
Please provide copies of the following documents:
-Any manuals, policy or process documents that you have relating to your approach to OIA and PA requests
Please explain:
-Structures in your organisation dedicated to OIA and PA requests. For example, do you have a team dedicated to these functions? Do you have staff in other roles who are routinely brought in to carry out these functions?
In either case, please provide the number of FTE dedicated to OIA and PA functions
-Please explain how you maintain effective oversight of these functions
-Please explain what external organisations carry out oversight of these functions. For example, do you have an independent body carry out audits to ensure that the staff tasked with these functions are carrying them out in accordance with the law.
Yours faithfully,
K Lambert
From: Ministerial Services
Ministry of Business, Innovation & Employment
Ref: 1920-0959
Dear K Lambert,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 12 Decmber 2019 requesting under the Official
Information Act 1982 (the Act), the following:
These requests pertain to the current year (2019) to date and the full
three years prior (2016,17,18).It would be appreciated if this could be
broken down year by year.
Part 1: Statistics
Please provide for each of the OIA and PA the numbers of the following:
-Requests received
-Requests acknowledged within 20 working days -Requests in which the
requested information or decision to decline was provided within 20
working days -Requests in which the information was provided, declined or
provided in part (obviously separate figures). In the case of declines or
partials please identify the sections of each act relied upon to decline
in whole or in part -Requests that took more than three months to either
fulfill or decline in whole or in part and the reason for the refusal and
for the delay for each one -Requests that were declined in whole or in
part that were escalated to either the ombudsman or privacy commission
In the case of instances that were escalated to either privacy commission
or ombudsman, please provide the numbers for:
-Cases in which the matter was found in favour of the applicant's position
-Cases that were found in favour of your position
Please provide the number of instances in which rulings have gone against
you and you have arrived at a monetary supplement with the applicant.
Please provide the total figure for each year that you paid out in these
settlements.
Please also provide the numbers of both OIA and PA requests that at the
time of this request, had been received by yourselves more than three
months ago and that remain outstanding. Please provide a detailed an
explanation for the length of time for each case.
Part 2: Policy, procedure, practice and personnel Please provide copies of
the following documents:
-Any manuals, policy or process documents that you have relating to your
approach to OIA and PA requests
Please explain:
-Structures in your organisation dedicated to OIA and PA requests. For
example, do you have a team dedicated to these functions? Do you have
staff in other roles who are routinely brought in to carry out these
functions?
In either case, please provide the number of FTE dedicated to OIA and PA
functions -Please explain how you maintain effective oversight of these
functions -Please explain what external organisations carry out oversight
of these functions. For example, do you have an independent body carry out
audits to ensure that the staff tasked with these functions are carrying
them out in accordance with the law.
Please note that the days from 25 December 2019 to 15 January 2020
(inclusive) are defined as non- working days in the Act and are not
counted in the calculation for the response due date. This will affect the
time period for responding to your request.
Your request is being processed in accordance with the Act and a response
will be sent to you in due course. If you have any enquiries regarding
your request feel free to contact us via email [1][MBIE request email] or
using the contact details below.
Yours sincerely,
MINISTERIAL SERVICES
Corporate, Governance and Information
Ministry of Business, Innovation and Employment
Level 4, 15 Stout Street, PO Box 1473, Wellington 6140
[2]cid:image004.jpg@01D10666.447C6950
[3]www.govt.nz - your guide to finding and using New Zealand government
services
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References
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1. mailto:[MBIE request email]
3. http://www.govt.nz/
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From: *OIA
Ministry of Business, Innovation & Employment
Dear K Lambert
Thank you for your email dated 12 December 2019 to the Ministry of
Business, Innovation and Employment requesting, under the Official
Information Act 1982 (the OIA), information on OIA and Privacy Act 1993
(the PA) statistics and policy as follows:
These requests pertain to the current year (2019) to date and the full
three years prior (2016, 17, 18).It would be appreciated if this could be
broken down year by year.
Part 1: Statistics
Please provide for each of the OIA and PA the numbers of the following:
-Requests received
-Requests acknowledged within 20 working days -Requests in which the
requested information or decision to decline was provided within 20
working days -Requests in which the information was provided, declined or
provided in part (obviously separate figures). In the case of declines or
partials please identify the sections of each act relied upon to decline
in whole or in part
-Requests that took more than three months to either fulfill or decline in
whole or in part and the reason for the refusal and for the delay for each
one -Requests that were declined in whole or in part that were escalated
to either the ombudsman or privacy commission
In the case of instances that were escalated to either privacy commission
or ombudsman, please provide the numbers for:
-Cases in which the matter was found in favour of the applicant's position
-Cases that were found in favour of your position
Please provide the number of instances in which rulings have gone against
you and you have arrived at a monetary supplement with the applicant.
Please provide the total figure for each year that you paid out in these
settlements.
Please also provide the numbers of both OIA and PA requests that at the
time of this request, had been received by yourselves more than three
months ago and that remain outstanding. Please provide a detailed an
explanation for the length of time for each case.
Part 2: Policy, procedure, practice and personnel Please provide copies of
the following documents:
-Any manuals, policy or process documents that you have relating to your
approach to OIA and PA requests
Please explain:
-Structures in your organisation dedicated to OIA and PA requests. For
example, do you have a team dedicated to these functions? Do you have
staff in other roles who are routinely brought in to carry out these
functions?
In either case, please provide the number of FTE dedicated to OIA and PA
functions -Please explain how you maintain effective oversight of these
functions -Please explain what external organisations carry out oversight
of these functions. For example, do you have an independent body carry out
audits to ensure that the staff tasked with these functions are carrying
them out in accordance with the law.
We acknowledge that a response to your request was due on Friday 31
January 2020. We inadvertently did not send an extension letter, but had
intended to extend for a week to gather that last Privacy Act statistics
and quality check our response. We apologise for the delay and will be
responding to you as soon as possible.
Kind regards
Ministerial Services
Engagement, Communications and Ministerial Services (ECoMS)
Corporate, Governance and Information (CGI)
PO Box 1473, Wellington 6140
Hīkina Whakatutuki
[1]cid:image005.jpg@01D36DDE.6402D1B0
[2]www.govt.nz - your guide to finding and using New Zealand government
services
--------------------------------------------------------------------------
Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.
--------------------------------------------------------------------------
References
Visible links
2. http://www.govt.nz/
hide quoted sections
From: *OIA
Ministry of Business, Innovation & Employment
Dear K. Lambert
Please find attached a response to your Official Information Act 1982
request.
Kind regards
Ministerial Services
Engagement, Communications and Ministerial Services (ECoMS)
Corporate, Governance and Information (CGI)
PO Box 1473, Wellington 6140
Hīkina Whakatutuki
[1]cid:image005.jpg@01D36DDE.6402D1B0
[2]www.govt.nz - your guide to finding and using New Zealand government
services
--------------------------------------------------------------------------
Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.
--------------------------------------------------------------------------
References
Visible links
2. http://www.govt.nz/
hide quoted sections
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