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Request for Information on Schedule 4A Flavour Names List Creation and Decision Process

Morris Lazootin made this Official Information request to Ministry of Health

This request has an unknown status. We're waiting for Morris Lazootin to read recent responses and update the status.

From: Morris Lazootin

Dear Ministry of Health,

I am writing to request information under the Official Information Act 1982 in relation to the Schedule 4A Flavour names list as detailed in the Smokefree Environments and Regulated Products Amendment Regulations 2023.

Specifically, I am seeking:

1. Details on the rationale behind the creation of this list.
2. Criteria or factors that determined the inclusion or exclusion of specific flavours.
3. Information about the individual(s) or entity/entities responsible for finalising this list.

I would appreciate any relevant communications, discussions, and documents that could provide insight into these queries.

Thank you for your time and assistance in this matter.

Yours faithfully,

Morris Lazootin

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From: OIA Requests


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Kia ora Morris
  
Thank you for your request for official information. The reference number
for your request is: H2023031848
  
As required under the Official Information Act 1982, Manatū Hauora will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/  
  
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account. 

Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [3][email address] or by calling 0800
802 602.

 
Ngā mihi
 
OIA Services Team
Manatū Hauora | Ministry of Health
M[4]inistry of Health information releases 
U[5]nite against COVID-19
 
 

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From: Morris Lazootin

Dear OIA Requests,

I would like to clarify that I need:

1. All information held on the rationale behind the creation of this list.
2. All information held on the Criteria or factors that determined the inclusion or exclusion of specific flavours.
3. All information held about the individual(s) or entity/entities responsible for finalising this list

Yours sincerely,

Morris Lazootin

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From: OIA Requests


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K​ia ora Morris
 
Your request has been updated, thank you for clarifying.
 
ref: H2023031848
 
 
Ngā mihi
 
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases 
U[2]nite against COVID-19
 
 

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From: OIA Requests


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Kia ora Morris

 

 

Thank you for your request under the Official Information Act 1982 (the
Act) on 21 September 2023:

 

I would like to clarify that I need:

 

1. All information held on the rationale behind the creation of this list.

2. All information held on the Criteria or factors that determined the
inclusion or exclusion of specific flavours.

3. All information held about the individual(s) or entity/entities
responsible for finalising this list

 

Manatū Hauora has decided to extend the due date for responding to your
request pursuant to to section 15A(1)(b) of the Act, as consultations
necessary to make a decision on the request are such that a proper
response to the request cannot reasonably be made within the original time
limit.

 

You can now expect a response on, or before 9 November 2023.

 

If you have any queries regarding your request, including this decision,
please feel free to contact the OIA Services Team on
[1][email address]. If any additional factors come to light which are
relevant to your request, please do not hesitate to contact us so that
these can be taken into account. 

 

Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [2][email address] or by calling 0800
802 602.

 

OIA Services Team

[3]Manatū Hauora information releases

 
[4][IMG] [5][IMG] [6][IMG] [7][IMG]

 

 

 

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References

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1. mailto:[email address]
2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
4. https://www.facebook.com/minhealthnz/
5. https://twitter.com/minhealthnz
6. https://www.youtube.com/minhealthnz
7. https://www.linkedin.com/company/ministr...

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From: Morris Lazootin

Kia ora,

I hope this message finds you well.

I am writing to follow up on my Official Information Act request dated 19 September 2023. According to the last correspondence from the OIA Services Team on 18 October 2023, I was to expect a response to my request on or before 9 November 2023. As of today, 10 November 2023, I have yet to receive this information.

I understand that delays can happen, and I would appreciate an update on the status of my request, including any new expected dates for the release of this information.

Please let me know if there are any additional factors or further information required from my end to expedite the process.

Thank you for your attention to this matter. I look forward to your prompt response.

Ngā mihi,

Morris Lazootin

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From: OIA Requests


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Kia ora Morris

 

 

 

Please find attached a letter regarding your request for official
information. Please accept our apologies for the delay in communicating a
decision on your request.

 

If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact the OIA Services Team on
[1][email address].

 

Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [2][email address] or by calling 0800
802 602.

 

 

Ngā mihi

 

OIA Services Team

[3]Manatū Hauora information releases

 
[4][IMG] [5][IMG] [6][IMG] [7][IMG]

 

 

 

 

 

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References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
4. https://www.facebook.com/minhealthnz/
5. https://twitter.com/minhealthnz
6. https://www.youtube.com/minhealthnz
7. https://www.linkedin.com/company/ministr...

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From: Morris Lazootin

Tēnā koe Jane,

I hope this message finds you well. I must express my concerns with the response dated 10 November 2023 to my Official Information Act request originally submitted on 21 September 2023. The information provided falls short of the Act's requirements for transparency and full disclosure, leading me to believe that my request is being unjustifiably stonewalled.

Lack of Specificity on Proactive Release:
The vague commitment to a future release of key documents is inadequate - the Official Information Act is predicated on timely and specific information access. The absence of a clear timeline undermines the purpose of my request and appears to sidestep the Act’s intent. As such, I must insist on a definitive date for the release of these documents.

Unexplained Withholding of Information:
The decision to withhold legal advice and documents under section 9(2)(h) of the Act is noted. However, this explanation is insufficiently detailed and lacks the requisite specificity mandated by the Act. It is imperative that I understand precisely how this exemption applies to my request - the Act's spirit demands more than cursory justifications for withholding information.

Incomplete Response to Queries:
The response did not fully address my queries, particularly regarding the criteria for flavour inclusion or exclusion. This issue is not just procedural; it has significant implications for consumers, businesses, and the environment in New Zealand. The sudden regulatory changes pose substantial financial and environmental challenges, as well as potentially conflicting with the Aotearoa's smokefree goals.

The reluctance to provide comprehensive answers is not only contrary to the principles of the Official Information Act but also impedes my ability to fully understand the decisions made by Manatū Hauora. If my request is further met with incomplete or delayed responses, I will have no choice but to consider this a deliberate obstruction and will seek recourse through the Ombudsman’s office.

I urge a prompt and thorough response that fully addresses the specific queries I have raised - It is imperative that the information provided is comprehensive and in line with the principles of transparency and openness mandated by the Official Information Act.

Ngā mihi,

Morris Lazootin

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From: OIA Requests


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Kia ora Morris

 

 

Thank you for your email. Manatû Hauora notes your concerns and will
endeavour to provide a fulsome response to your queries as soon as
possible.

Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [1][email address] or by calling 0800
802 602.

 

 

 

Ngâ mihi

 

OIA Services Team

[2]Manatû Hauora information releases

 
[3][IMG] [4][IMG] [5][IMG] [6][IMG]

 

 

 

 

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

From: Morris Lazootin <[7][FOI #24188 email]>
Sent: Monday, 13 November 2023 16:43
To: OIA Requests <[8][email address]>
Subject: Re: Response to your request for official information,
H2023031848 CRM:0261658

 

Tçnâ koe Jane,

I hope this message finds you well. I must express my concerns with the
response dated 10 November 2023 to my Official Information Act request
originally submitted on 21 September 2023. The information provided falls
short of the Act's requirements for transparency and full disclosure,
leading me to believe that my request is being unjustifiably stonewalled.

Lack of Specificity on Proactive Release:
The vague commitment to a future release of key documents is inadequate -
the Official Information Act is predicated on timely and specific
information access. The absence of a clear timeline undermines the purpose
of my request and appears to sidestep the Act’s intent. As such, I must
insist on a definitive date for the release of these documents.

Unexplained Withholding of Information:
The decision to withhold legal advice and documents under section 9(2)(h)
of the Act is noted. However, this explanation is insufficiently detailed
and lacks the requisite specificity mandated by the Act. It is imperative
that I understand precisely how this exemption applies to my request - the
Act's spirit demands more than cursory justifications for withholding
information.

Incomplete Response to Queries:
The response did not fully address my queries, particularly regarding the
criteria for flavour inclusion or exclusion. This issue is not just
procedural; it has significant implications for consumers, businesses, and
the environment in New Zealand. The sudden regulatory changes pose
substantial financial and environmental challenges, as well as potentially
conflicting with the Aotearoa's smokefree goals.

The reluctance to provide comprehensive answers is not only contrary to
the principles of the Official Information Act but also impedes my ability
to fully understand the decisions made by Manatû Hauora. If my request is
further met with incomplete or delayed responses, I will have no choice
but to consider this a deliberate obstruction and will seek recourse
through the Ombudsman’s office.

I urge a prompt and thorough response that fully addresses the specific
queries I have raised - It is imperative that the information provided is
comprehensive and in line with the principles of transparency and openness
mandated by the Official Information Act.

Ngâ mihi,

Morris Lazootin

show quoted sections

Link to this

From: Morris Lazootin

Tēnā koe,

I am writing concerning my Official Information Act request submitted on September 21, 2023. As of December 4, there has been no comprehensive response following the acknowledgment on November 17.

Please be advised that due to the extended delay in responding, I have contacted the Ombudsman to review the handling of this request. This step was taken to ensure compliance with the Official Information Act's requirements.

In light of this development, I respectfully request a specific deadline by which the full response will be provided. A clear timeline is essential for proper resolution of this matter.

Your prompt attention to specifying a response date will be appreciated and is essential in fulfilling the statutory obligations under the Act.

Thank you for addressing this request in a timely manner.

Ngā mihi,

Morris Lazootin

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From: Morris Lazootin

Dear OIA Requests and the general public who may be reading this, just a quick update on this request.

It's been almost three months since my initial request. After getting initially stonewalled, and due to delayed responses, I involved the Ombudsman.

In December the MoH promised the Ombudsman that they would send me the requested documents in January 2024.

Would you believe it - it is currently February 2024 and I have not received a single communication from the MoH regarding this matter - let alone the materials I requested.

I could speak at length about how disappointed I am and how ridiculous it is to have laws if they are not followed (especially by government departments!), but I'm simply just lost for words.

Morris Lazootin

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From: OIA Requests


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Kia ora Morris,

 

Please accept our sincere apologies for the delay. The documents and
response are currently going through the last stages of sign out and will
be with you as soon as reasonably practicable. 

 

Ngā mihi 

  

 

OIA Services Team

Manatū Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

 

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

From: Morris Lazootin <[FOI #24188 email]>
Sent: Monday, 12 February 2024 21:19
To: OIA Requests <[email address]>
Subject: RE: Response to your request for official information,
H2023031848 CRM:0261658

 

Dear OIA Requests and the general public who may be reading this, just a
quick update on this request.

It's been almost three months since my initial request. After getting
initially stonewalled, and due to delayed responses, I involved the
Ombudsman.

In December the MoH promised the Ombudsman that they would send me the
requested documents in January 2024.

Would you believe it - it is currently February 2024 and I have not
received a single communication from the MoH regarding this matter - let
alone the materials I requested.

I could speak at length about how disappointed I am and how ridiculous it
is to have laws if they are not followed (especially by government
departments!), but I'm simply just lost for words.

Morris Lazootin

show quoted sections

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Athina Andonatou left an annotation ()

It really is a war of attrition - wearing people down and creating delays in the hope that you do as your told or just go away. Watching with interest. Keep going

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From: OIA Requests


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Attachment 005473 documents.pdf
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Attachment 005473 Response.pdf
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Kia ora Morris,

 

Thank you for your patience, please find attached a letter regarding your
official information act request.

 

Ngā mihi 

  

 

OIA Services Team

Manatū Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

 

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References

Visible links
1. https://www.health.govt.nz/about-ministr...
2. https://covid19.govt.nz/

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