Ngā Ūranga to Pito-One Shared Cycle way : Key Decision Makers
Darren Conway made this Official Information request to New Zealand Transport Agency
Response to this request is long overdue. By law New Zealand Transport Agency should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Darren Conway
Dear New Zealand Transport Agency,
This is a request for the names of key decision makers on the Ngā Ūranga to Pito-One Shared Cycle way project.
Please provide the names of the persons assigned to the following (or equivalent) roles:
• Project Sponsor
• Project Director
• Project Manager
• Lead Designer
The request for names includes any employed to undertake work for the NZTA regardless of the contractual arrangements.
This is a repeat of a request for the same information within the request titled "Ngā Ūranga to Pito-One Shared Cycle way Drawings and Safety Documentation" dated 7 Dec 2022 made via the fyi.org.nz website.
My previous request included the names of the persons assigned to leading roles in the project. In your response you stated "I am withholding the identities of external contractors under section 9(2)(a) of the Act." Your reliance on this section of the Act is not consistent with the Act or the Ombudsman's guidance. Neither the Act or Guidance define or refer to “external contractors”. The Act is indifferent to the nature of the employment contract under which any work is completed.
The Ombudsman "Guide: Names and contact details of public sector employees" includes the advice:
“The Ombudsman’s general position is that there is usually no basis for withholding staff names if all that would be revealed is what they did in their official capacity—‘New Zealand does not have a tradition of an anonymous public service’ .”
And
“While this guide refers to ‘public sector employees’, meaning employees of Ministers and agencies subject to the OIA or LGOIMA, it is also relevant to public sector contractors who are individuals.” .
The primary purpose of this request is for official information. The secondary purpose is to seek specific guidance from the Ombudsman, assuming any names in the response to this request are redacted or if the request is declined.
Yours faithfully,
Darren Conway
From: Official Correspondence
New Zealand Transport Agency
Kia ora Darren
This email acknowledges your below request for information made under the
Official Information Act 1982.
Your request has been forwarded to the appropriate section of Waka Kotahi
NZ Transport Agency for response. They will contact you if they require
clarification of your request, more time to respond, or if your request
has been transferred to another organisation to respond to. Unless more
time is required, Waka Kotahi will send a response to you within 20
working days of receiving your request – in this instance on or before 17
May 2023.
Lastly, the information you have requested may contain the names and
contact details of our staff. Please let us know whether you require these
names and contact details. We may need to consult our staff before
deciding whether we can release this information, and this may take a bit
more time. If we do not hear from you we will assume that you do not
require staff names and contact details.
If you would like to discuss your request with Waka Kotahi, please contact
us by email at [1][NZTA request email].
Ngâ mihi
Ministerial Services
Te Waka Kôtuia | Engagement & Partnerships
Waka Kotahi NZ Transport Agency
[2]twitter | [3]youtube | [4]facebook
[5][IMG]
-----Original Message-----
From: Darren Conway <[FOI #22496 email]>
Sent: Tuesday, 18 April 2023 10:41 pm
To: Official Correspondence <[email address]>
Subject: Official Information request - Ngâ Ûranga to Pito-One Shared
Cycle way : Key Decision Makers
CAUTION: The sender of this email is from outside Waka Kotahi. Do not
click links, attachments, or reply unless you recognise the sender’s email
address and know the content is safe.
Dear New Zealand Transport Agency,
This is a request for the names of key decision makers on the Ngâ Ûranga
to Pito-One Shared Cycle way project.
Please provide the names of the persons assigned to the following (or
equivalent) roles:
• Project Sponsor
• Project Director
• Project Manager
• Lead Designer
The request for names includes any employed to undertake work for the NZTA
regardless of the contractual arrangements.
This is a repeat of a request for the same information within the request
titled "Ngâ Ûranga to Pito-One Shared Cycle way Drawings and Safety
Documentation" dated 7 Dec 2022 made via the fyi.org.nz website.
My previous request included the names of the persons assigned to leading
roles in the project. In your response you stated "I am withholding the
identities of external contractors under section 9(2)(a) of the Act."
Your reliance on this section of the Act is not consistent with the Act or
the Ombudsman's guidance. Neither the Act or Guidance define or refer to
“external contractors”. The Act is indifferent to the nature of the
employment contract under which any work is completed.
The Ombudsman "Guide: Names and contact details of public sector
employees" includes the advice:
“The Ombudsman’s general position is that there is usually no basis for
withholding staff names if all that would be revealed is what they did in
their official capacity—‘New Zealand does not have a tradition of an
anonymous public service’ .”
And
“While this guide refers to ‘public sector employees’, meaning employees
of Ministers and agencies subject to the OIA or LGOIMA, it is also
relevant to public sector contractors who are individuals.” .
The primary purpose of this request is for official information. The
secondary purpose is to seek specific guidance from the Ombudsman,
assuming any names in the response to this request are redacted or if the
request is declined.
Yours faithfully,
Darren Conway
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[6][FOI #22496 email]
Is [7][NZTA request email] the wrong address for Official
Information requests to New Zealand Transport Agency? If so, please
contact us using this form:
[8]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://aus01.safelinks.protection.outlo...
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 message, together with any attachments, may contain information that
is classified and/or 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. This
communication may be accessed or retained by Waka Kotahi NZ Transport
Agency for information assurance purposes.
References
Visible links
1. mailto:[NZTA request email]
2. https://twitter.com/WakaKotahi_news
3. https://www.youtube.com/user/NZTransport...
4. https://www.facebook.com/TransportAgency
5. https://nzta.govt.nz/
6. mailto:[FOI #22496 email]
7. mailto:[NZTA request email]
8. https://fyi.org.nz/change_request/new?bo...
9. https://fyi.org.nz/help/officers
hide quoted sections
From: Official Correspondence
New Zealand Transport Agency
Kia ora Darren
Please find attached the response to your request of 18 April 2023 for
information under the Official Information Act 1982.
Ngā mihi
Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
Waka Kotahi NZ Transport Agency
[1]twitter | [2]youtube | [3]facebook
[4][IMG]
-----Original Message-----
From: Darren Conway <[5][FOI #22496 email]>
Sent: Tuesday, 18 April 2023 10:41 pm
To: Official Correspondence <[6][email address]>
Subject: Official Information request - Nga Uranga to Pito-One Shared
Cycle way : Key Decision Makers
CAUTION: The sender of this email is from outside Waka Kotahi. Do not
click links, attachments, or reply unless you recognise the sender’s email
address and know the content is safe.
Dear New Zealand Transport Agency,
This is a request for the names of key decision makers on the Ngā Ūranga
to Pito-One Shared Cycle way project.
Please provide the names of the persons assigned to the following (or
equivalent) roles:
• Project Sponsor
• Project Director
• Project Manager
• Lead Designer
The request for names includes any employed to undertake work for the NZTA
regardless of the contractual arrangements.
This is a repeat of a request for the same information within the request
titled "Ngā Ūranga to Pito-One Shared Cycle way Drawings and Safety
Documentation" dated 7 Dec 2022 made via the fyi.org.nz website.
My previous request included the names of the persons assigned to leading
roles in the project. In your response you stated "I am withholding the
identities of external contractors under section 9(2)(a) of the Act."
Your reliance on this section of the Act is not consistent with the Act or
the Ombudsman's guidance. Neither the Act or Guidance define or refer to
“external contractors”. The Act is indifferent to the nature of the
employment contract under which any work is completed.
The Ombudsman "Guide: Names and contact details of public sector
employees" includes the advice:
“The Ombudsman’s general position is that there is usually no basis for
withholding staff names if all that would be revealed is what they did in
their official capacity—‘New Zealand does not have a tradition of an
anonymous public service’ .”
And
“While this guide refers to ‘public sector employees’, meaning employees
of Ministers and agencies subject to the OIA or LGOIMA, it is also
relevant to public sector contractors who are individuals.” .
The primary purpose of this request is for official information. The
secondary purpose is to seek specific guidance from the Ombudsman,
assuming any names in the response to this request are redacted or if the
request is declined.
Yours faithfully,
Darren Conway
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[7][FOI #22496 email]
Is [8][NZTA request email] the wrong address for Official
Information requests to New Zealand Transport Agency? If so, please
contact us using this form:
[9]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[10]https://aus01.safelinks.protection.outlo...
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 message, together with any attachments, may contain information that
is classified and/or 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. This
communication may be accessed or retained by Waka Kotahi NZ Transport
Agency for information assurance purposes.
References
Visible links
1. https://twitter.com/WakaKotahi_news
2. https://www.youtube.com/user/NZTransport...
3. https://www.facebook.com/TransportAgency
4. https://nzta.govt.nz/
5. mailto:[FOI #22496 email]
6. mailto:[email address]
7. mailto:[FOI #22496 email]
8. mailto:[NZTA request email]
9. https://fyi.org.nz/change_request/new?bo...
10. https://fyi.org.nz/help/officers
hide quoted sections
From: Darren Conway
Dear Jackie Smith
Thank you for the information provided to date that satisfies part of my requests for information.
My requests were for the names of persons assigned to key roles in the project. I have no interest in their employment status or contractual arrangements that may link them to their work on the project.
I have reviewed Official Information Act 1982, specifically including s.18 and referenced sections. I am unable to find any section that would support refusal based on employment status or contractual linkage. I can only assume that the information sought (the names of people assigned to key roles) is held by NZTA.
I note that the response included the reason for refusal in accordance with s.19.1.(i).
I request either:
• all of the information requested or,
• the grounds in support of the reason for refusal in accordance with s.19.1.(ii).
The original request for information remains extant.
Yours sincerely,
Darren Conway
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