Briefings relating to GCSB-NZSIS Ministerial Policy Statements
Scott made this Official Information request to Department of the Prime Minister and Cabinet
The request was refused by Department of the Prime Minister and Cabinet.
From: Scott
Dear Department of the Prime Minister and Cabinet,
I would like to make a request for the copies of the following briefings provided to Minister Andrew Little:
ONE: "Review of the Ministerial Policy Statements under the Intelligence and Security Act 2017” [1920NSP/010]
TWO: “Review of the Overseas Cooperation Ministerial Policy Statement: Proposed Consultation Plan” [1920NSP/031]
THREE: “Proposed Revised Approach for Reviewing the Ministerial Policy Statements” [1920NSP/081]
FOUR: “Consultation on Ministerial Policy Statement: Conducting surveillance in a public place” [1920NSP/054]
FIVE: "Review of the Ministerial Policy Statements ‐ revised timing” [2021NSP/010]
SIX: “Consultation on ministerial policy statement: cooperating with overseas public authorities” [2021NSP/030]
SEVEN: Any other briefings on the topic of Ministerial Policy Statements, dated since the beginning of 2021.
Yours faithfully,
Scott
From: Information [DPMC]
Department of the Prime Minister and Cabinet
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From: Information [DPMC]
Department of the Prime Minister and Cabinet
[IN-CONFIDENCE]
Kia ora
Thank you for your request under the Official Information Act 1982 which
was received on 17 September 2021, copied below. A response will be
provided in accordance with the Act.
The Department of the Prime Minister and Cabinet (DPMC) may publish the
response to your Official Information Act (OIA) request.
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information, including your name and contact details, will be removed.
This publication process does not apply to extension letters or transfers.
Ngā mihi,
Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E [1][DPMC request email]
[2]cid:image002.png@01D43609.296F69C0
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-----Original Message-----
From: Scott <[FOI #16777 email]>
Sent: Friday, 17 September 2021 9:22 am
To: Information [DPMC] <[DPMC request email]>
Subject: Official Information request - Briefings relating to GCSB-NZSIS
Ministerial Policy Statements
Dear Department of the Prime Minister and Cabinet,
I would like to make a request for the copies of the following briefings
provided to Minister Andrew Little:
ONE: "Review of the Ministerial Policy Statements under the Intelligence
and Security Act 2017” [1920NSP/010]
TWO: “Review of the Overseas Cooperation Ministerial Policy Statement:
Proposed Consultation Plan” [1920NSP/031]
THREE: “Proposed Revised Approach for Reviewing the Ministerial Policy
Statements” [1920NSP/081]
FOUR: “Consultation on Ministerial Policy Statement: Conducting
surveillance in a public place” [1920NSP/054]
FIVE: "Review of the Ministerial Policy Statements ‐ revised timing”
[2021NSP/010]
SIX: “Consultation on ministerial policy statement: cooperating with
overseas public authorities” [2021NSP/030]
SEVEN: Any other briefings on the topic of Ministerial Policy Statements,
dated since the beginning of 2021.
Yours faithfully,
Scott
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From: Information [DPMC]
Department of the Prime Minister and Cabinet
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Kia ora koe,
Please see the attached letter regarding your recent OIA request.
Ngā mihi,
Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E [1][DPMC request email]
[2]cid:image002.png@01D43609.296F69C0
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.
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1. mailto:[DPMC request email]
From: Scott
Dear DPMC,
I think that your decision to withhold all of the information I requested is overly broad and not in keeping with Ombudsman's guidelines for 9(2)(f)(iv) refusals:
https://www.ombudsman.parliament.nz/site...
You wrote that "all" of the eight relevant briefings are "still subject to active consideration". This is clearly not true for the three briefings relating to the Overseas Cooperation MPS, which was finalised and published months ago. If the "Revised Approach for Reviewing MPS" and "revised timing" for the review refer to proposals which have been implemented, as seems likely, then these are also not under active consideration and shouldn't have been withheld under 9(2)(f)(iv) either.
The Ombudsman also writes that background material - "information that is purely factual or comprises bare options"- is generally not subject to 9(2)(f)(iv) and may form the basis of a partial release. It seems likely to me that these eight briefings contain at least some material like this, which should not have been withheld.
9(2)(f)(iv) also requires agencies to undertake a public interest test before deciding to withhold requests: "agencies must consider the countervailing public interest in release". I'm concerned that your response letter gives no indication that DPMC did this.
I intend to ask the Ombudsman to review your desicion on the grounds above, probably later this week. If you are willing to give me more information to help me understand DPMC's desicion making in this case I would of course appreciate that.
Yours sincerely,
Scott
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