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Job advertisements asking for whakapapa

Ethan Martin made this Official Information request to Ministry of Education

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From: Ethan Martin

Dear Ministry of Education,

You have recently published a series of job advertisements which request "In your cover letter we'd like to know about you, your values, your whakapapa." I would like to request the following information, under the Official Information Act 1982.

1. Does the request for candidates to disclose their whakapapa relate to the selection criteria for the role?

2. If the answer to (1) is yes:
a. What is the selection criteria it relates to?
b. Which of the following aspects, which would be revealed by a disclosure of the candidates' whakapapa, will form part of the considerations for selecting the successful candidate?
i. Ethnicity
ii. National origins
iii. Iwi
iv. Please advise if there is another aspect of whakapapa which has not been mentioned, which will form part of the considerations for selection
c. What is the Department's view on how selection of candidates based on whakapapa is in accordance with sections 22 and 23 of the Human Rights Act 1993?

3. If the answer to (1) is no:
a. In relation to section 22 of the Privacy Act 2020, what is the lawful purpose for which
this personal information is being collected?
b. In relation to section 22 of the Privacy Act 2020, what steps has the Department
taken to ensure that the individuals providing the information are aware of the
purpose for which it is being collected?

4. Has the Department's privacy officer been consulted to ensure compliance with the Privacy Act 2020 in the collection of this personal information from candidates? I also request copies of all correspondence and documents related to this consultation, or any decision not to consult.

5. Has the Department's Head of Human Resources and/or other other members of the HR team been consulted on the decision to include the request for whakapapa and any related selection criteria? I also request copies of all correspondence and documents related to this consultation, or any decision not to consult.

6. Has the Department's internal or external legal counsel been consulted on the decision to include the request for whakapapa and any related selection criteria? I also request copies of all correspondence and documents related to this consultation, or any decision not to consult. I understand some of these documents may qualify as legally privileged, however I trust you will also take into account the considerable public interest that exists in providing assurance that the Department is complying with the law.

I anticipate that some of the information requested above may not already be contained in documents held by the Department. As you will be aware, official information that can be requested under the OIA includes information which is known to an agency but has not yet been written down. If the answers to any of the questions above are not known, please provide detailed information about why the information is not known.

Yours faithfully,

Ethan Martin

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From: Enquiries National
Ministry of Education


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Tēnā koe mō tō īmēra mai ki te Tāhuhu o Thank you for your email to the
te Mātauranga. Ministry of Education.

   

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Mea ake nei ka urupare tonu atu mātou ki We will respond to your email as soon
tō īmēra. as possible.

 

 

Ngā mihi, nā

Tīma Whakaui ā-Motu / Enquiries National Team

Tāhuhu o te Mātauranga / Ministry of Education

Mātauranga House
33 Bowen St, Wellington

 

[1]education.govt.nz    |  Follow us on Twitter: @EducationGovtNZ
[2]https://twitter.com/mineducationnz

He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai ōna
huanga

We shape an education system that delivers equitable and excellent outcomes
[3]cid:image001.png@01D5EBBB.56CA2E00

 

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email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
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References

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2. https://twitter.com/mineducationnz
3. http://www.education.govt.nz/

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From: Ethan Martin

Tena koe,

Thank you for the acknowlegement. While I understand you have until 15 September to respond to this request, please consider responding more urgently given this is relevant to a current recruitment process.

Nga mihi,

Ethan

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From: Enquiries National
Ministry of Education


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Dear Ethan Martin

 

Thank you for your request for information below.  The Ministry will
consider and respond to your request in accordance with the Official
Information Act 1982 (the Act).

 

Under section 15(1) of the Act, we are required to make and inform you of
our decision on your request as soon as reasonably practicable and in any
case not later than 20 working days after the day on which your request is
received.  You can therefore expect to receive our decision on your
request on or before 15 September 2021.  If more than 20 working days are
needed due to the potential workload and/or consultations involved in
answering your request, we will notify you accordingly.

 

Please note, the Ministry may publicly release on our website the response
to your request five days after you have received it. Any personal
information will be removed.

 

In the interim, if you have any questions about your request, please email
[1][email address].

 

Kind regards

 

Enquiries National Team | Ministry of Education | TW
33 Bowen St, Wellington

[2]education.govt.nz  |  [3]Follow us on Twitter: @EducationGovtNZ
We get the job done  Ka oti i a mātou ngā mahi
We are respectful, we listen, we learn  He rōpū manaaki, he rōpū
whakarongo, he rōpū ako mātou
We back ourselves and others to win  Ka manawanui ki a mātou, me ētahi ake
kia wikitoria
We work together for maximum impact  Ka mahi ngātahi mō te tukinga nui
tonu

Great results are our bottom line  Ko ngā huanga tino pai ā mātou whāinga
mutunga

[4]Ministry of Education logo

 

 

 

 

-----Original Message-----

From: Ethan Martin <[5][FOI #16450 email]>

Sent: Wednesday, 18 August 2021 9:42 PM

To: Enquiries National <[6][email address]>

Subject: Official Information request - Job advertisements asking for
whakapapa

 

Dear Ministry of Education,

 

You have recently published a series of job advertisements which request
"In your cover letter we'd like to know about you, your values, your
whakapapa." I would like to request the following information, under the
Official Information Act 1982.

 

1. Does the request for candidates to disclose their whakapapa relate to
the selection criteria for the role?

 

2. If the answer to (1) is yes:

  a. What is the selection criteria it relates to?

  b. Which of the following aspects, which would be revealed by a
disclosure of the candidates' whakapapa, will form part of the
considerations for selecting the successful candidate?

      i. Ethnicity

      ii. National origins

      iii. Iwi

      iv. Please advise if there is another aspect of whakapapa which has
not been mentioned, which will form part of the considerations for
selection

  c. What is the Department's view on how selection of candidates based on
whakapapa is in accordance with sections 22 and 23 of the Human Rights Act
1993?

 

3. If the answer to (1) is no:

   a. In relation to section 22 of the Privacy Act 2020, what is the
lawful purpose for which

       this personal information is being collected?

   b. In relation to section 22 of the Privacy Act 2020, what steps has
the Department

       taken to ensure that the individuals providing the information are
aware of the

       purpose for which it is being collected?

 

4. Has the Department's privacy officer been consulted to ensure
compliance with the Privacy Act 2020 in the collection of this personal
information from candidates? I also request copies of all correspondence
and documents related to this consultation, or any decision not to
consult.

 

5. Has the Department's Head of Human Resources and/or other other members
of the HR team been consulted on the decision to include the request for
whakapapa and any related selection criteria? I also request copies of all
correspondence and documents related to this consultation, or any decision
not to consult.

 

6. Has the Department's internal or external legal counsel been consulted
on the decision to include the request for whakapapa and any related
selection criteria? I also request copies of all correspondence and
documents related to this consultation, or any decision not to consult. I
understand some of these documents may qualify as legally privileged,
however I trust you will also take into account the considerable public
interest that exists in providing assurance that the Department is
complying with the law.

 

I anticipate that some of the information requested above may not already
be contained in documents held by the Department. As you will be aware,
official information that can be requested under the OIA includes
information which is known to an agency but has not yet been written down.
If the answers to any of the questions above are not known, please provide
detailed information about why the information is not known.

 

Yours faithfully,

 

Ethan Martin

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[7][FOI #16450 email]

 

Is [8][Ministry of Education request email] the wrong address for Official
Information requests to Ministry of Education? If so, please contact us
using this form:

[9]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:

[10]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.

 

 

-------------------------------------------------------------------

--------------------------------------------------------------------------

DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.

References

Visible links
1. mailto:[email address]
2. http://www.education.govt.nz/
3. https://twitter.com/mineducationnz
4. http://www.education.govt.nz/
5. mailto:[FOI #16450 email]
6. mailto:[email address]
7. mailto:[FOI #16450 email]
8. mailto:[Ministry of Education request email]
9. https://fyi.org.nz/change_request/new?bo...
10. https://fyi.org.nz/help/officers

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Link to this

From: OIA Mailbox
Ministry of Education


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Attachment Extension letter 1269452.pdf
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Tēnā koe Ethan

 

Please find attached our extension letter.

 

Ngā mihi

Enquiries National Team | Ministry of Education | CM
33 Bowen St, Wellington

[1]education.govt.nz  |  [2]Follow us on Twitter: @EducationGovtNZ
We get the job done  Ka oti i a mātou ngā mahi
We are respectful, we listen, we learn  He rōpū manaaki, he rōpū
whakarongo, he rōpū ako mātou
We back ourselves and others to win  Ka manawanui ki a mātou, me ētahi ake
kia wikitoria
We work together for maximum impact  Ka mahi ngātahi mō te tukinga nui
tonu

Great results are our bottom line  Ko ngā huanga tino pai ā mātou whāinga
mutunga

[3]Ministry of Education logo

 

--------------------------------------------------------------------------

DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.

References

Visible links
1. http://www.education.govt.nz/
2. https://twitter.com/mineducationnz
3. http://www.education.govt.nz/

hide quoted sections

Link to this

From: OIA Mailbox
Ministry of Education


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Attachment Response 1269452.pdf
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Tēnā koe Ethan

 

Please find attached the response to your 18 August 2021 Official
Information Act request.

 

Ngā mihi

 

Charmaine McAra | Senior Advisor | Government, Executive and Ministerial
Services  (GEMS)

Te Puna Rangatōpū | Corporate (TPR)

33 Bowen Street, Wellington

[1]education.govt.nz

We shape an education system that delivers equitable and excellent
outcomes
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
[2]Te TD huhu o te MD tauranga

 

--------------------------------------------------------------------------

DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.

References

Visible links
1. http://www.education.govt.nz/
2. https://www.education.govt.nz/

hide quoted sections

Link to this

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