Tçnâ koe,

Thank you for your Official Information Act request. We need to be satisfied that your request meets the requirements under section 12(1) of the OIA. To that end, could you please provide us with a form of ID that proves you meet the eligibility criteria for an OIA, that being:
• a New Zealand citizen; or
• a permanent resident of New Zealand; or
• a person who is in New Zealand; or
• a body corporate which is incorporated in New Zealand; or
• a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

This information can be sent to us at the email address here: https://www.gcsb.govt.nz/information-rel...

Once we have received confirmation of eligibility, we will endeavour to respond to your request as soon as possible and, in any event, no later than 20 working days after the day that your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

Ngâ mihi
GCSB

-----Original Message-----
From: H <[FOI #21772 email]>
Sent: Thursday, 9 February 2023 9:30 AM
To: Information (GCSB) <[GCSB request email]>
Subject: Official Information request - GCSB & Immigration New Zealand (INZ)

Dear Government Communications Security Bureau,

Is GCSB involved with Immigration New Zealand (INZ) conducting national security checks (NSC) on a particular group of applicants?

Is so, to what extent and has GCSB ever advised INZ of the legality of the NSC?

Yours faithfully,

H

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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 #21772 email]

Is [GCSB request email] the wrong address for Official Information requests to Government Communications Security Bureau? 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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This electronic message, together with any attachments, contains information that is provided in confidence and may be subject to legal privilege.
Any classification markings must be adhered to. If you are not the intended recipient, you must not peruse, disclose, disseminate, copy or use the message in
any way. If you have received this message in error, please notify us immediately by return email and then destroy the original message.
The New Zealand Intelligence Community (NZIC) and the departments comprising the NZIC accepts no responsibility for changes to this e-mail, or to any attachments, after its transmission
from NZIC. This communication may be accessed or retained for information assurance purposes. Thank you.

hide quoted sections

Kia ora H,

Thank you for your message. Our reading of section 12 differs from yours in two respects. First, making a request through FYI is not acting on behalf of FYI. Second, an OIA request is limited to those in s 12; the "may" does not make the list open.

The Office of the Ombudsman has guidance referring to FYI and establishing identity: https://www.ombudsman.parliament.nz/site...

Information confirming eligibility can be sent to us at the email address here: https://www.gcsb.govt.nz/information-rel...

Ngâ mihi
GCSB

-----Original Message-----
From: H <[FOI #21772 email]>
Sent: Thursday, 16 February 2023 12:25 PM
To: Information (GCSB) <[GCSB request email]>
Subject: RE: Official Information request - GCSB & Immigration New Zealand (INZ)

Dear GCSB,

In response to your reply dated 09 Feb 2023, please note that this request is made via FYI.org.nz, a body corporate which is incorporated in New Zealand.

This satisfies the threshold to make a request under section 12 of OIA 1982.

Further, please note 'may' in section 12, suggesting any person who are not included in the list may still make a request.

Sincerely,
H

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

Tçnâ koe,

Thank you for your Official Information Act request. We need to be satisfied that your request meets the requirements under section 12(1) of the OIA. To that end, could you please provide us with a form of ID that proves you meet the eligibility criteria for an OIA, that being:
•a New Zealand citizen; or
•a permanent resident of New Zealand; or
•a person who is in New Zealand; or
•a body corporate which is incorporated in New Zealand; or
•a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

This information can be sent to us at the email address here: https://www.gcsb.govt.nz/information-rel...

Once we have received confirmation of eligibility, we will endeavour to respond to your request as soon as possible and, in any event, no later than 20 working days after the day that your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

Ngâ mihi
GCSB

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #21772 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.

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

This electronic message, together with any attachments, contains information that is provided in confidence and may be subject to legal privilege.
Any classification markings must be adhered to. If you are not the intended recipient, you must not peruse, disclose, disseminate, copy or use the message in
any way. If you have received this message in error, please notify us immediately by return email and then destroy the original message.
The New Zealand Intelligence Community (NZIC) and the departments comprising the NZIC accepts no responsibility for changes to this e-mail, or to any attachments, after its transmission
from NZIC. This communication may be accessed or retained for information assurance purposes. Thank you.

hide quoted sections

Good afternoon H

We have not received the evidence of your eligibility to make a request under the OIA. As such, we cannot accept your request at this time.

You are welcome to re-submit your request with the required evidence of eligibility at any time. If you are not comfortable sending proof of eligibility to the GCSB directly you are welcome to share this with the Office of the Ombudsman, and ask that they confirm your eligibility with us. Once we are satisfied that your request meets the requirements under section 12(1) of the OIA we can proceed.

Kind regards
GCSB

-----Original Message-----
From: Information (GCSB) <[GCSB request email]>
Sent: Monday, 20 February 2023 3:24 PM
To: '[FOI #21772 email]' <[FOI #21772 email]>
Subject: RE: Official Information request - GCSB & Immigration New Zealand (INZ)

Kia ora H,

Thank you for your message. Our reading of section 12 differs from yours in two respects. First, making a request through FYI is not acting on behalf of FYI. Second, an OIA request is limited to those in s 12; the "may" does not make the list open.

The Office of the Ombudsman has guidance referring to FYI and establishing identity: https://www.ombudsman.parliament.nz/site...

Information confirming eligibility can be sent to us at the email address here: https://www.gcsb.govt.nz/information-rel...

Ngâ mihi
GCSB

-----Original Message-----
From: H <[FOI #21772 email]>
Sent: Thursday, 16 February 2023 12:25 PM
To: Information (GCSB) <[GCSB request email]>
Subject: RE: Official Information request - GCSB & Immigration New Zealand (INZ)

Dear GCSB,

In response to your reply dated 09 Feb 2023, please note that this request is made via FYI.org.nz, a body corporate which is incorporated in New Zealand.

This satisfies the threshold to make a request under section 12 of OIA 1982.

Further, please note 'may' in section 12, suggesting any person who are not included in the list may still make a request.

Sincerely,
H

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

Tçnâ koe,

Thank you for your Official Information Act request. We need to be satisfied that your request meets the requirements under section 12(1) of the OIA. To that end, could you please provide us with a form of ID that proves you meet the eligibility criteria for an OIA, that being:
•a New Zealand citizen; or
•a permanent resident of New Zealand; or •a person who is in New Zealand; or •a body corporate which is incorporated in New Zealand; or •a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand.

This information can be sent to us at the email address here: https://www.gcsb.govt.nz/information-rel...

Once we have received confirmation of eligibility, we will endeavour to respond to your request as soon as possible and, in any event, no later than 20 working days after the day that your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

Ngâ mihi
GCSB

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #21772 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.

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

This electronic message, together with any attachments, contains information that is provided in confidence and may be subject to legal privilege.
Any classification markings must be adhered to. If you are not the intended recipient, you must not peruse, disclose, disseminate, copy or use the message in
any way. If you have received this message in error, please notify us immediately by return email and then destroy the original message.
The New Zealand Intelligence Community (NZIC) and the departments comprising the NZIC accepts no responsibility for changes to this e-mail, or to any attachments, after its transmission
from NZIC. This communication may be accessed or retained for information assurance purposes. Thank you.

hide quoted sections

Dear H

 

We ask for assurance that a requester is eligible to make a request under
section 12 of the OIA before proceeding. The assurance we seek is that
which is enough to make clear that you are a New Zealand citizen or
permanent resident or are in New Zealand. One way to do this is to provide
evidence, like a copy of a New Zealand driver licence, or passport, or
utility bill. Another is to tell us your name and where you are living.
Another way would be to send us your assurance that you are in New Zealand
with something that substantiates that, like a photo of that day’s local
newspaper. We are flexible in the ways you can provide us assurance that
you are a person eligible to make a request, but all we have at the moment
is a letter “H”, the request itself, and your reply that a person in New
Zealand can make a request. While this might suggest you are a person in
New Zealand, at this stage, we do not consider we have enough information
to be satisfied you are eligible to make a request.

 

The Ombudsman's guidance states agencies are entitled to make reasonable
enquiries to satisfy themselves that a requester is eligible to make a
request under the OIA
([1]https://www.ombudsman.parliament.nz/site...
- refer page 4). Once a requester has confirmed eligibility once they will
not be asked to do so again (assuming they use the same FYI account).

 

The Ombudsman's guidance and FYI.org also recommends that requesters use a
real name when making a request ([2]https://fyi.org.nz/help/privacy). If
you do not want to provide evidence of your eligibility to make a request
to us directly, you are welcome to contact the Office of the Ombudsman, or
ask FYI.org to make a request on your behalf (refer Can I make an OIA
request using a pseudonym? on  [3]https://fyi.org.nz/help/privacy).

 

As noted previously, we cannot accept your request until we are satisfied
you have met the eligibility requirements. 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
[4]www.ombudsman.parliament.nz or freephone 0800 802 602. 

 

Kind regards

GCSB

 

 

-----Original Message-----
From: H <[FOI #21772 email]>
Sent: Monday, 27 February 2023 1:55 PM
To: Information (GCSB) <[GCSB request email]>
Subject: Re: FW: Official Information request - GCSB & Immigration New
Zealand (INZ)

 

Dear Information (GCSB),

 

S12 of the OIA confirms that a person who is in NZ may make the request.

 

GCSB has the avenue to contact FYI.org to verify whether this is request
is made from within NZ.

 

Yours sincerely,

 

H

 

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

 

Good afternoon H

 

We have not received the evidence of your eligibility to make a request
under the OIA. As such, we cannot accept your request at this time.

 

You are welcome to re-submit your request with the required evidence of
eligibility at any time. If you are not comfortable sending proof of
eligibility to the GCSB directly you are welcome to share this with the
Office of the Ombudsman, and ask that they confirm your eligibility with
us. Once we are satisfied that your request meets the requirements under
section 12(1) of the OIA we can proceed.

 

Kind regards

GCSB

 

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

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

[5][FOI #21772 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]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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--------------------------------------------------------------------------

This electronic message, together with any attachments, contains
information that is provided in confidence and may be subject to legal
privilege. Any classification markings must be adhered to. If you are not
the intended recipient, you must not peruse, disclose, disseminate, copy
or use the message in any way. If you have received this message in error,
please notify us immediately by return email and then destroy the original
message.  The New Zealand Intelligence Community (NZIC) and the
departments comprising the NZIC accepts no responsibility for changes to
this e-mail, or to any attachments, after its transmission from NZIC. This
communication may be accessed or retained for information assurance
purposes. Thank you.

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

References

Visible links
1. https://www.ombudsman.parliament.nz/site...
2. https://fyi.org.nz/help/privacy
3. https://fyi.org.nz/help/privacy
4. http://www.ombudsman.parliament.nz/
5. mailto:[FOI #21772 email]
6. https://fyi.org.nz/help/officers

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