Details surrounding answer to oral question on 18 June 2020
Mark Smith made this Official Information request to David Clark
The request was refused by David Clark.
From: Mark Smith
Dear David Clark,
In regards to your answers to oral questions on 18 June 2020, I request information under the official information act
How did you become aware of the representations made on behalf of the two women who tested positive for covid 19 this week and travelled from Auckland to Wellington?
Were you made aware of any other representations made on the pairs behalf, other than that by Chris Bishop?
Under what policy was this information passed to you and your office from the ministry of health or the all of government response to covid 19 response team?
Who provided details of representations made on behalf of the pair to MP Chris Hipkins?
Are you or your agency going to undertake an investigation into this privacy breach? As the question asked by MP Chris Hipkins was asked in his role as a member of parliament, not as a Minister.
How have your actions complied with the privacy act 1993, especially principle 10(1)(b)?
Please remember, that official information is not only what is written down and recorded, but information that is kept in officials minds. I expect that you comply with the official information act properly.
Yours faithfully,
Mark Smith
From: Hon. Dr David Clark
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North and Minister of Health. We have received your email, and it is now
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From: Mark Smith
Dear David Clark,
Can I please add this further request.
How does the use of personal information fit with the governments and prime ministers ethos to 'be kind'?
Yours faithfully,
Mark Smith
From: DCOIA
Kia ora
Thank you for your emails received 22 June 2020 in which you submitted an Official Information Act request to the Hon Dr David Clark.
You have requested the following:
"In regards to your answers to oral questions on 18 June 2020, I request information under the official information act
1. How did you become aware of the representations made on behalf of the two women who tested positive for covid 19 this week and travelled from Auckland to Wellington?
2. Were you made aware of any other representations made on the pairs behalf, other than that by Chris Bishop?
3. Under what policy was this information passed to you and your office from the ministry of health or the all of government response to covid 19 response team?
4. Who provided details of representations made on behalf of the pair to MP Chris Hipkins?
5. Are you or your agency going to undertake an investigation into this privacy breach? As the question asked by MP Chris Hipkins was asked in his role as a member of parliament, not as a Minister.
6. How have your actions complied with the privacy act 1993, especially principle 10(1)(b)?
7. How does the use of personal information fit with the governments and prime ministers ethos to 'be kind'?"
Pursuant to section 15 (1) of the Act we will endeavour to respond to your request as soon as possible, and no later than 20 July 2020 being 20 working days after the day your request was received. If we are unable to respond to your request within this timeframe, we will notify you of an extension of that timeframe.
If you have any queries related to this request, please do not hesitate to get in touch.
Ngā mihi
Catherine
Catherine Pearson | Private Secretary, Health
Office of Hon Dr David Clark
Minister of Health
-----Original Message-----
From: Mark Smith [mailto:[FOI #13112 email]]
Sent: Friday, 19 June 2020 9:12 AM
To: D Clark (MIN) <[email address]>
Subject: Re: Official Information request - Details surrounding answer to oral question on 18 June 2020
Dear David Clark,
Can I please add this further request.
How does the use of personal information fit with the governments and prime ministers ethos to 'be kind'?
Yours faithfully,
Mark Smith
-----Original Message-----
From: Mark Smith [mailto:[FOI #13112 email]]
Sent: Friday, 19 June 2020 8:56 AM
To: D Clark (MIN) <[email address]>
Subject: Official Information request - Details surrounding answer to oral question on 18 June 2020
Dear David Clark,
In regards to your answers to oral questions on 18 June 2020, I request information under the official information act
How did you become aware of the representations made on behalf of the two women who tested positive for covid 19 this week and travelled from Auckland to Wellington?
Were you made aware of any other representations made on the pairs behalf, other than that by Chris Bishop?
Under what policy was this information passed to you and your office from the ministry of health or the all of government response to covid 19 response team?
Who provided details of representations made on behalf of the pair to MP Chris Hipkins?
Are you or your agency going to undertake an investigation into this privacy breach? As the question asked by MP Chris Hipkins was asked in his role as a member of parliament, not as a Minister.
How have your actions complied with the privacy act 1993, especially principle 10(1)(b)?
Please remember, that official information is not only what is written down and recorded, but information that is kept in officials minds. I expect that you comply with the official information act properly.
Yours faithfully,
Mark Smith
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This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #13112 email]
Is [David Clark request email] the wrong address for Official Information requests to David Clark? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
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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From: Catherine Pearson
Kia ora
Thank you for your email.
As per the recent announcement of Hon Dr David Clark stepping down as the Minister of Health, your request for this information is no longer deemed official information, as defined under section 2(1)(a)(ii) of the Official Information Act 1982.
Your request for this information is now deemed closed.
Ngā mihi
Catherine
Catherine Pearson | Private Secretary, Health
Office of Hon Chris Hipkins
E: [email address]
-----Original Message-----
From: Catherine Pearson On Behalf Of DCOIA
Sent: Wednesday, 24 June 2020 12:45 PM
To: '[FOI #13112 email]' <[FOI #13112 email]>
Subject: Acknowledgement of your request for official information (DCOIA679)
Kia ora
Thank you for your emails received 22 June 2020 in which you submitted an Official Information Act request to the Hon Dr David Clark.
You have requested the following:
"In regards to your answers to oral questions on 18 June 2020, I request information under the official information act 1. How did you become aware of the representations made on behalf of the two women who tested positive for covid 19 this week and travelled from Auckland to Wellington?
2. Were you made aware of any other representations made on the pairs behalf, other than that by Chris Bishop?
3. Under what policy was this information passed to you and your office from the ministry of health or the all of government response to covid 19 response team?
4. Who provided details of representations made on behalf of the pair to MP Chris Hipkins?
5. Are you or your agency going to undertake an investigation into this privacy breach? As the question asked by MP Chris Hipkins was asked in his role as a member of parliament, not as a Minister.
6. How have your actions complied with the privacy act 1993, especially principle 10(1)(b)?
7. How does the use of personal information fit with the governments and prime ministers ethos to 'be kind'?"
Pursuant to section 15 (1) of the Act we will endeavour to respond to your request as soon as possible, and no later than 20 July 2020 being 20 working days after the day your request was received. If we are unable to respond to your request within this timeframe, we will notify you of an extension of that timeframe.
If you have any queries related to this request, please do not hesitate to get in touch.
Ngā mihi
Catherine
Catherine Pearson | Private Secretary, Health
Office of Hon Dr David Clark
Minister of Health
-----Original Message-----
From: Mark Smith [mailto:[FOI #13112 email]]
Sent: Friday, 19 June 2020 9:12 AM
To: D Clark (MIN) <[email address]>
Subject: Re: Official Information request - Details surrounding answer to oral question on 18 June 2020
Dear David Clark,
Can I please add this further request.
How does the use of personal information fit with the governments and prime ministers ethos to 'be kind'?
Yours faithfully,
Mark Smith
-----Original Message-----
From: Mark Smith [mailto:[FOI #13112 email]]
Sent: Friday, 19 June 2020 8:56 AM
To: D Clark (MIN) <[email address]>
Subject: Official Information request - Details surrounding answer to oral question on 18 June 2020
Dear David Clark,
In regards to your answers to oral questions on 18 June 2020, I request information under the official information act
How did you become aware of the representations made on behalf of the two women who tested positive for covid 19 this week and travelled from Auckland to Wellington?
Were you made aware of any other representations made on the pairs behalf, other than that by Chris Bishop?
Under what policy was this information passed to you and your office from the ministry of health or the all of government response to covid 19 response team?
Who provided details of representations made on behalf of the pair to MP Chris Hipkins?
Are you or your agency going to undertake an investigation into this privacy breach? As the question asked by MP Chris Hipkins was asked in his role as a member of parliament, not as a Minister.
How have your actions complied with the privacy act 1993, especially principle 10(1)(b)?
Please remember, that official information is not only what is written down and recorded, but information that is kept in officials minds. I expect that you comply with the official information act properly.
Yours faithfully,
Mark Smith
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #13112 email]
Is [David Clark request email] the wrong address for Official Information requests to David Clark? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
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.
-------------------------------------------------------------------
________________________________
hide quoted sections
From: Mark Smith
Dear Catherine Pearson,
My request is not closed.
Just because Dr Clark has vacated the position of minister of health, does not remove responsibility from the'minister of health' or the Minister's office.
The details and information involved in my request were made in regards to statements made by the minister of health and information the minister and the Minister's office received.
This is still deemed as official information even though Dr Clark has vacated this position.
I expect to receive a proper response within the statutory timeframe that started on 19 June.
Yours sincerely,
Mark Smith
From: DCOIA
Kia ora Mark
Thank you for your email. Your request, received 19 June 2020 was as follows:
“In regards to your answers to oral questions on 18 June 2020, I request information under the official information act
1. How did you become aware of the representations made on behalf of the two women who tested positive for covid 19 this week and travelled from Auckland to Wellington?
2. Were you made aware of any other representations made on the pairs behalf, other than that by Chris Bishop?
3. Under what policy was this information passed to you and your office from the ministry of health or the all of government response to covid 19 response team?
4. Who provided details of representations made on behalf of the pair to MP Chris Hipkins?
5. Are you or your agency going to undertake an investigation into this privacy breach? As the question asked by MP Chris Hipkins was asked in his role as a member of parliament, not as a Minister.
6. How have your actions complied with the privacy act 1993, especially principle 10(1)(b)?
7. How does the use of personal information fit with the governments and prime ministers ethos to 'be kind'?”
On July 10 2020, you were advised that, “As per the recent announcement of Hon Dr David Clark stepping down as the Minister of Health, your request for this information is no longer deemed official information, as defined under section 2(1)(a)(ii) of the Official Information Act 1982.”
Section 2(1)(a)(ii) of the Official Information Act 1982 (the Act) is defined as:
'In this Act, unless the context otherwise requires, Minister of the Crown includes a Parliamentary Under-Secretary, official information means any information held by a Minister of the Crown in his official capacity.'
Parts 1, 2, 3, 4 of your request asks for how the Minister of Health at the time became aware of a situation, or how he received information. In accordance with section 2(1)(a)(ii) of the Act, this information is no longer deemed official information.
In response to part 5 of your request, there is no privacy breach
In response to part 6 of your request, you are asking for the opinion of the former Minister of Health.
Part 7 of your request is not deemed official information as defined under section 2(1)(a) of the Act.
As you have been previously advised, your request is deemed closed.
You have the right under section 28(3) of the Act, to ask the Ombudsman to review any decisions made under this request.
Ngā mihi
Catherine
Catherine Pearson | Private Secretary, Health
Office of Hon Chris Hipkins
E: [email address]
-----Original Message-----
From: Mark Smith [mailto:[FOI #13112 email]]
Sent: Saturday, 11 July 2020 8:49 PM
To: Catherine Pearson <[email address]>
Subject: Re: Your request for official information (DCOIA679)
Dear Catherine Pearson,
My request is not closed.
Just because Dr Clark has vacated the position of minister of health, does not remove responsibility from the'minister of health' or the Minister's office.
The details and information involved in my request were made in regards to statements made by the minister of health and information the minister and the Minister's office received.
This is still deemed as official information even though Dr Clark has vacated this position.
I expect to receive a proper response within the statutory timeframe that started on 19 June.
Yours sincerely,
Mark Smith
-----Original Message-----
Kia ora
Thank you for your email.
As per the recent announcement of Hon Dr David Clark stepping down as the Minister of Health, your request for this information is no longer deemed official information, as defined under section 2(1)(a)(ii) of the Official Information Act 1982.
Your request for this information is now deemed closed.
Ngā mihi
Catherine
Catherine Pearson | Private Secretary, Health Office of Hon Chris Hipkins
E: [email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #13112 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
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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