25 August 2021
By email: mailto:[FYI request #16471 email]
Tēnā koe John
Your Official Information Act request – Reference HQSC162-2021
Thank you for your email of 22 August 2021 to the Child and Youth Mortality Review
Committee (the Committee) requesting the fol owing information under the Official
Information Act 1982 (OIA):
May I kindly request the ful meeting minute of this Committee from 1st Jan 2020
to now. Also, May I kindly request the pay rate of each members (how much they
been paid per day or is it a hourly rate?) and any other expense reimbursements
that each member received since 1st Jan 2020.
The Committee is declining the first part of your request to provide ful meeting minutes
from 1 January 2020 because of the personal y identifiable, confidential nature of the
information that it col ates; and therefore may be contained in the minutes.
For your information, the Committee is not subject to the OIA. That is provided for in
paragraph (a) of the definition of "organisation" in section 2 of the OIA, the relevant part
of which states that an organisation means "an organisation named in Part 2 of
Schedule 1 of the Ombudsmen Act 1975 (other than mortality review committees)…".
The Committee is also prevented by law from disclosing personal information, which
may be held within what you have requested. Section 59E and Schedule 5 of the New
Zealand Public Health and Disability Act 2000 sets out strict requirements as to the use
and disclosure of personal information held by a mortality review committee. In
particular, clause 4 of Schedule 5 prohibits members, executive officers, and agents of
a mortality review committee from producing or disclosing personal information to
another person, unless an exception applies. Under section 59E(6) and (7) of the Act,
individuals can be fined up to $10,000 and be subject to professional disciplinary
proceedings if they produce or disclose personal information held by a mortality review
committee other than in accordance with the requirements of the NZPHD Act.
Accordingly, the MRC cannot provide you with the information you have requested.
In regards to the second part of your request concerning the pay rate of each member,
the Committee member’s fees are set with reference to the Cabinet Fees Framework1,
as outlined in the Committee’s Terms of Reference. These and other reimbursements
are paid by the Health Quality and Safety Commission. The Committee is unable to
respond further to this request.
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.
Nāku noa, nā
Dr Alayne Mikahere-Hal
Dr Matthew Reid
Child and Youth Mortality Review Committee
1 Cabinet Fees Framework https://www.publicservice.govt.nz/our-