Tenure positions are the U of Auckland
Erika Whittome made this Official Information request to University of Auckland
Response to this request is long overdue. By law University of Auckland should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
      From: Erika Whittome
      
    
    Dear University of Auckland,
How many tenure teaching positions are at this institution as of today? 
How many total teaching positions are at the University of Auckland as of today?
I understand about 10 years ago, tenure position's were beginning to be "phased out".
Would you please share the minutes, memos and correspondence on the decisions to discontinue offering tenure teaching positions at the University of Auckland.
Yours faithfully,
Erika Whittome
        From: Landon Watt
        University of Auckland
      
    
    Dear Erika,
 
I refer to your request of 23 September 2023. The purpose of this email is
 to clarify that request.
 
“How many tenure teaching positions are at this institution as of today?”
“I understand about 10 years ago, tenure position's were beginning to be
 "phased out".
 Would you please share the minutes, memos and correspondence on the
 decisions to discontinue offering tenure teaching positions at the
 University of Auckland.”
 
Please clarify what you mean by “tenure”. New Zealand universities do not
 have tenured positions in the Canadian/American sense. The specific terms
 of the University’s employment agreements with its staff are publicly
 available here: [1]https://uoacollectiveagreements.blogs.au...
 
“How many total teaching positions are at the University of Auckland as of
 today?”
Please clarify whether by “teaching positions” you mean teaching-only
 roles, with no research or service component, or whether you wish to
 request information about the total number of academic staff. I note that
 information about the number of academic staff employed by the University
 is publicly available in our annual reports:
 [2]https://www.auckland.ac.nz/en/about-us/a...
 
Yours sincerely,
 
Landon Watt
 Legal Advisor
 Office of the Vice-Chancellor
Waipapa Taumata Rau | University of Auckland  
 
From: Erika Whittome <[3][FOI #24212 email]>
 Sent: Saturday, 23 September 2023 8:07 am
 To: legal <[4][University of Auckland request email]>
 Subject: Official Information request - Tenure positions are the U of
 Auckland
 
Dear University of Auckland,
 How many tenure teaching positions are at this institution as of today?
How many total teaching positions are at the University of Auckland as of
 today?
I understand about 10 years ago, tenure position's were beginning to be
 "phased out".
Would you please share the minutes, memos and correspondence on the
 decisions to discontinue offering tenure teaching positions at the
 University of Auckland.
Yours faithfully,
Erika Whittome
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References
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 1. https://uoacollectiveagreements.blogs.au...
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      From: Erika Whittome
      
    
    Dear Landon Watt,
Thank you for sharing those links. 
I see the collective employment agreement for academic staff has the following:
10. PUBLIC COMMENTARY & ACADEMIC FREEDOM
10.1 An employee in commenting on matters of public interest outside their particular areas of 
expertise or responsibility must do so in a private capacity unless they have first obtained
the specific approval of the employer through the appropriate academic head. 
You may say tenure is a Canadian/American term however universities outside north american have positions that have indefinite academic appointment. By "tenure" , I am referring academic positions which have an indefinite academic appointment that can be terminated only for cause or under extraordinary circumstances, such as financial exigency or program discontinuation. Tenure is a means of defending the principle of academic freedom.
How many such academic positions exist at the University of Auckland that do not have limited academic freedom such as outlined in 10.1 above of the collective agreement?
Yours sincerely,
Erika Whittome
        From: Landon Watt
        University of Auckland
      
    
    Dear Erika,
 
I refer to your request of 23 September 2023. As consultations necessary
 to make a decision on your request are such that a response cannot
 reasonably be given within the original time limit, the University has
 extended the time limit for your request under section 15A(1)(b) of the
 OIA. The new maximum time limit for the University’s response is 3
 November 2023; we will respond to your request as soon as reasonably
 practicable. You have the right to make a complaint to an Ombudsman if you
 are dissatisfied with this extension.
Yours sincerely,
 
Landon Watt
 Legal Advisor
 Office of the Vice-Chancellor
Waipapa Taumata Rau | University of Auckland  
 
From: Erika Whittome <[1][FOI #24212 email]>
 Sent: Wednesday, October 18, 2023 10:58 AM
 To: Landon Watt <[2][email address]>
 Subject: RE: 2023-OIA-0169-Whittome_2
 
Dear Landon Watt,
 Thank you for sharing those links.
I see the collective employment agreement for academic staff has the
 following:
10. PUBLIC COMMENTARY & ACADEMIC FREEDOM
 10.1 An employee in commenting on matters of public interest outside their
 particular areas of
 expertise or responsibility must do so in a private capacity unless they
 have first obtained
 the specific approval of the employer through the appropriate academic
 head.
You may say tenure is a Canadian/American term however universities
 outside north american have positions that have indefinite academic
 appointment. By "tenure" , I am referring academic positions which have an
 indefinite academic appointment that can be terminated only for cause or
 under extraordinary circumstances, such as financial exigency or program
 discontinuation. Tenure is a means of defending the principle of academic
 freedom.
How many such academic positions exist at the University of Auckland that
 do not have limited academic freedom such as outlined in 10.1 above of the
 collective agreement?
Yours sincerely,
Erika Whittome
show quoted sections
        From: Landon Watt
        University of Auckland
      
    
    Dear Erika,
 
The University’s response to your request follows.
 
“How many tenure teaching positions are at this institution as of today?
How many total teaching positions are at the University of Auckland as of
 today?”
Although “tenure” is not a term used at the University of Auckland, you
 have clarified that you are referring to academic positions which have “an
 indefinite academic appointment”. I can confirm that the University
 currently has 1,345 full-time equivalent permanent academic staff in roles
 that include teaching duties, out of a total of 1,509 full-time equivalent
 academic staff in roles that include teaching duties.
 
New Zealand law does not allow the employer to terminate the employment of
 permanent employees without cause. All permanent employees in New Zealand
 have indefinite appointment by definition. If the appointment is for a
 defined period, that is fixed term employment. See
 [1]https://www.employment.govt.nz/ for further information about
 employment law in New Zealand.
 
“I understand about 10 years ago, tenure position's were beginning to be
 "phased out".
Would you please share the minutes, memos and correspondence on the
 decisions to discontinue offering tenure teaching positions at the
 University of Auckland.”
 
The University has not “phased out” the employment of staff on permanent
 academic contracts. This constitutes a refusal of your request under
 section 18(e) of the OIA, as the documents requested do not exist.
 
“How many such academic positions exist at the University of Auckland that
 do not have limited academic freedom such as outlined in 10.1 above of the
 collective agreement?”
 
I note you have cited only part of section 10 of the collective employment
 agreement for academic staff – I have reproduced it in full for ease of
 reference:
 
“10. PUBLIC COMMENTARY & ACADEMIC FREEDOM
10.1 An employee in commenting on matters of public interest outside their
 particular areas of expertise or responsibility must do so in a private
 capacity unless they have first obtained the specific approval of the
 employer through the appropriate academic head. See the Media, Public
 Communication and Statements Policy.
10.2 The disciplinary procedures shall not be applied to any academic
 employee as a consequence of exercising their rights and obligations in
 relation to academic freedom and the critic and conscience of society
 consistent with section 267 of the Education and Training Act of 2020”
 
This section is present in both the collective employment agreement for
 academic staff and the individual employment agreement terms and
 conditions (both available at
 [2]https://uoacollectiveagreements.blogs.au...). All permanent
 academic staff at the University of Auckland are employed under the
 collective employment agreement or the individual employment agreement.  
 
You have the right to make a complaint to an Ombudsman if you are
 dissatisfied with this response. Requests under the Official Information
 Act must specify the information requested with due particularity.
 
Yours sincerely,
 
Landon Watt
 Legal Advisor
 Office of the Vice-Chancellor
Waipapa Taumata Rau | University of Auckland  
 
 
From: Erika Whittome <[3][FOI #24212 email]>
 Sent: Wednesday, October 18, 2023 10:58 AM
 To: Landon Watt <[4][email address]>
 Subject: RE: 2023-OIA-0169-Whittome_2
 
Dear Landon Watt,
 Thank you for sharing those links.
I see the collective employment agreement for academic staff has the
 following:
10. PUBLIC COMMENTARY & ACADEMIC FREEDOM
 10.1 An employee in commenting on matters of public interest outside their
 particular areas of
 expertise or responsibility must do so in a private capacity unless they
 have first obtained
 the specific approval of the employer through the appropriate academic
 head.
You may say tenure is a Canadian/American term however universities
 outside north american have positions that have indefinite academic
 appointment. By "tenure" , I am referring academic positions which have an
 indefinite academic appointment that can be terminated only for cause or
 under extraordinary circumstances, such as financial exigency or program
 discontinuation. Tenure is a means of defending the principle of academic
 freedom.
How many such academic positions exist at the University of Auckland that
 do not have limited academic freedom such as outlined in 10.1 above of the
 collective agreement?
Yours sincerely,
Erika Whittome
show quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
 - Download a zip file of all correspondence (note: this contains the same information already available above).
 

