Piritahi (2BCoS) Community of Learning
Sean Marshall made this Official Information request to Ministry of Education
The request was successful.
From: Sean Marshall
Dear Ministry of Education,
Please provide the following documents for the Piritahi (2BCoS) Community of Learning as set out in schedule 5 of the Education and Training Act 2020:
- the community of learning agreement (clause 2(1))
- the community of learning plan (clause 3)
- any annual report to the secretary (clause 4)
- the reports from any review of the community of learning by the Chief review officer (clause 5)
Yours faithfully,
Sean Marshall
From: Enquiries National
Ministry of Education
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From: Enquiries National
Ministry of Education
Kia ora Sean
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 the 26th of August 2022. 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 [email address].
Ngā mihi
Enquiries National Team | Ministry of Education ^MC
education.govt.nz | Follow us on Twitter: @educationgovtnz
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From: Enquiries National
Ministry of Education
Kia ora Sean
Please note the attached informing you of the transfer of your Official
Information Act request.
Ngā mihi
Enquiries National Team | Ministry of Education ^MC
[1]education.govt.nz | [2]Follow us on Twitter: @educationgovtnz
[3]Te TD huhu o te MD tauranga
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From: Sean Marshall
Hi,
Under schedule 5 of the Education and Training Act 2020, all of the documents I have requested either have the Secretary as a party, require the approval of the Secretary or are required to be provided to the Secretary. The Secretary is defined in section 10 to be Chief Executive of the Ministry.
Can you please check your records again. In light of the above, the only reason the ministry wouldn't have these documents is if the Chief Executive (aka the Secretary) hasn't been complying with their record keeping obligations.
I think it's particularly inappropriate that the request for copies of reviews by the Chief Review Officer have been transferred to the organisation subject to the review. It would be deeply concerning if the only entity keeping records of the reviews of CoL's were the CoL's themselves. If that part of the request was to be transferred, it should have been transferred to the Chief Review Officer, not the CoL.
In terms of the transfer of my request under section 14 of the OIA, for the reasons stated above, the information requested is almost certain to be held by the ministry. Furthermore, as noted above, it concerns the functions of the Chief Executive as secretary and so is not more closely connected with the community of learning. It is not a valid transferor of an information request under the OIA.
Yours sincerely,
Sean Marshall
From: Debbie Stanger
Kia ora
Please find attached the information requested.
Ngā mihi
Debbie, Aaron & Gaylene
From: Emma Drysdale
Ministry of Education
Tēnā koe Sean -
Thank you for your email on 4 August 2022 in regards to the transfer of
your request under the Official Information Act 1982 (the Act).
Under section 14 (b)(ii) of the Act, a request must be transferred if the
information, or some of the information, to which the request relates is
believed by the person dealing with the request to be more closely
connected with the functions of another department (for itself and for a
departmental agency hosted by it or an interdepartmental executive board
serviced by it) or interdepartmental venture or Minister of the Crown or
organisation, or of a local authority. Even if the Ministry of Education
may hold the information requested, it was more closely related to the
functions of the Piritahi (2BCoS) Community of Learning, so transfer was
indicated on that basis.
We understand that you have since received a response from Piritahi
(2BCoS) Community of Learning, and we consider this request closed.
Nāku noa, nā,
Official and Parliamentary Information | Ministry of Education | ED
[1]education.govt.nz
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
[2]Te Tāhuhu o te Mātauranga
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Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence