5/10/2023
Dave Lane
[FYI request #23870 email]
Tēnā koe Dave
OIA: 1316436 - Google & Microsoft software for public schools in New Zealand
Thank you for your email of 17 August 2023 to the Ministry of Education (the Ministry), which was
then clarified on 7 September 2023 to be requesting the following information:
1. I would like copies of the tender documents from which the Google and Microsoft
agreements resulted. If there are none, I'd like an explanation of why not.
2. the role(s) within the Ministry responsible for signing-off the decision to procure Microsoft
and Google technologies for schools.
3. the timeline, i.e. key dates, on which decisions were signed-off and communications
including the reasons/justification for these sign-offs.
4. the name(s) of the Ministry department(s) (and in which Ministry) that negotiated the
contracts with Microsoft and Google.
5. any consultation documents from external experts identifying and comparing digital
technology options with relevance to the initial decision to procure Google or Microsoft
software, especially those listing concerns or liabilities.
6. digital technology marketing materials considered by Ministry decision makers related to
the Microsoft and Google deals.
7. dated minutes (including list of attendees) of meetings up until the completed
agreements in which the options of selecting Microsoft and/or Google technologies were
discussed.
8. any documents identifying alternatives to Microsoft and Google technologies, that were
considered but dismissed, and any documents explaining reasons why.
9. a timeline of meetings between the Ministry staff and Microsoft and Google employees
(or their commercial partners) including minutes and attendance.
Wellington National Office, 1 The Terrace, Levels 5 to 14, Wellington 6011
PO Box 1666, Wellington 6140, DX SR51201 Phone: +64 4 463 8000
10. a list of any external experts, including legal advisors, consulted in the course of this
process, including any declarations of pecuniary interests (or noting that those were never
requested).
Your request has been considered under the Official Information Act 1982 (the Act).
The decision as to which software products to use and whether to provide software licences to
students is made by individual schools and not by the Ministry. This is because each school is an
independent entity governed by its own school board. Schools are also free to decide which
technology platforms to deploy for their students.
Schools were already using Microsoft and Google software before the Ministry commenced any
procurement. However, centralised funding has resulted in reduced costs to schools and additional
value.
I have responded to your questions with regard to Microsoft and Google individually below.
Microsoft:
I believe the decision to procure Microsoft software for use in schools occurred in 2002, but am
unable to confirm this because the original contract and associated documents are listed in the
Ministry’s record management system as missing as at 2015. Furthermore, I am unable to confirm
the existence of any consultation documents, marketing material, minutes, timelines of meetings or
any other documents pertaining to the Microsoft procurement.
I am therefore refusing
parts 1, 3, 5, 6, 7, 8, 9 & 10 of your request under section 18(e) of the Act,
as the documents alleged to contain the information requested do not exist or, despite reasonable
efforts to locate them, cannot be found.
However, I can provide Microsoft’s standard commercial service agreement signed between
Microsoft and users of their services, which is a similar type of service agreement to that which the
Ministry would have signed for procurement of Microsoft software:
•
https://www.microsoft.com/en-nz/servicesagreement/
•
https://www.microsoft.com/en-nz/trust-center/privacy
In response to
part 2 of your request, subject to the total cost of procurement, the sign-out may sit
with either the Secretary or Deputy Secretary for Education. The procurement must also be
endorsed by the Chief Digital Officer prior to sign-off.
In response to
part 4 of your request, at the time of the contract negotiations, the Ministry’s
business units that negotiated the last contract variation with Microsoft were the Procurement and
Information Technology groups. The current names of these departments are Te Pou Rangatōpū,
the Ministry's Corporate Services business group, and Te Pou Hanganga, Matihiko, the Ministry's
Infrastructure and Digital business group.
I cannot name the business units in other Ministries that may have negotiated contracts with
Microsoft, as each contract was signed internally within each Ministry or department. I am therefore
refusing this aspect of your request under section 18(g) of the Act, as the information is not held by
OIA: 1316436
the Ministry, and I have no grounds for believing that it is either held by or more closely related to
the functions of another department or organisation subject to the Act.
Google:
There was no tender for the Google agreement, so I am refusing
part 1 of your request under
section 18(e) of the Act as the information does not exist. The most relevant document the Ministry
holds is the Google for Education Partnership Agreement, which is attached as
Appendix A.
In response to
part 2 of your request, the roles responsible for signing-off the decision to procure
Google technology license for use in schools are as follows: Deputy Secretary, Legal Services,
Chief Digital Officer, Commercial Manager – IT Group, Chief Procurement Officer, Procurement
Manager – ICT and Commercial Manager Corporate.
In response to
part 3 of your request, the agreement for the supply of Chrome Education Licences
was entered into on 11 October 2018. On 26 July 2021, the new three-year agreement was signed.
In response to
part 4 of your request, the Ministry departments that negotiated the Google
contracts are Te Pou Rangatōpū, the Ministry's Corporate Services business group (Procurement)
and Te Pou Hanganga, Matihiko, the Ministry's Infrastructure and Digital business group (IT
Group), as above.
I cannot name the business units in other Ministries that may have negotiated contracts with
Google, as each contract was signed internally within each Ministry or department. I am therefore
refusing this aspect of your request under section 18(g) of the Act, as the information is not held by
the Ministry, and I have no grounds for believing that it is either held by or more closely related to
the functions of another department or organisation subject to the Act. .
In response to
part 5 of your request, the Ministry does not hold any consultation documents, as
no external experts were consulted in the decision to procure Google software. As such, I am
refusing this part of your request under section 18(e) of the Act, as the information requested does
not exist.
In response to
part 6 of your request, the Ministry has been unable to locate any digital technology
marketing material held, so I am refusing this part of your request under section 18(e) of the Act, as
the information does not exist or, despite reasonable efforts to locate it, cannot be found.
Furthermore, most of the decision-makers of the procurement of Google software have since left
the organisation.
I am refusing
part 7 of your request under section 18(e) of the Act, as the information does not
exist because it was not a requirement for formal minutes of these meetings to be taken.
In response to
part 8 of the request, the Ministry did not consider alternative technology as most
schools were already using Google. The procurement of paid licences was to support the decisions
made by schools in previous years regarding the use of Google software in classrooms. In 2021, to
support the choice of many schools and provide additional Google security and functionality, the
Ministry made the decision to also provide Google Workspace for Education Plus (GWfE+) paid
licences to New Zealand schools. Over 1,000 schools have opted to move from the free Google
Workspace for Education Foundation (GWfEF) licences to the GWfE+ licences.
OIA: 1316436
I am therefore refusing your request for documents identifying alternatives to Google technologies
under section 18(e) of the Act, as the information requested does not exist.
In response to
part 9 of your request, meetings between Ministry staff and representatives from
Google occurred every week from 6 April 2022 until 6 June 2023 on Tuesday at 3:30 pm. As it was
not a requirement for formal minutes for these meetings to be taken, I am refusing this part of your
request under section 18(e) of the Act, as the information requested does not exist.
In response to
part 10 of your request, the Ministry consulted with Hicksons Lawyers for legal
advice. No declaration of pecuniary interests was requested.
Please note, we may publish this response on our website after five working days. Your name and
contact details will be removed.
Thank you again for your email. You have the right to ask an Ombudsman to review my decision
on your request, in accordance with section 28 of the Act. You can do this by writing to
[email address] or to Office of the Ombudsman, PO Box 10152, Wellington 6143.
Nāku noa, nā
Stuart Wakefield
Hautū Taupua | Acting Deputy Secretary
Te Pou Hanganga, Matihiko
OIA: 1316436
