Printed from https://fyi.org.nz/request/24450-employee-sms-text-messages on November 06, 2024 03:25

Employee SMS/TEXT Messages

[User 80394] (Account suspended) made this Official Information request to Naenae College

Response to this request is long overdue. By law Naenae College should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: [User 80394] (Account suspended)

Dear Naenae College,

I am writing to make an Official Information Act (OIA) request for copies of SMS/TEXT messages pertaining to official school duties for the following individuals, starting from 1st April 2023:

Current Staff Members:
- Mr. John Russell
- Mrs. Jane Hambidge

Current Board Trustees:
- Mr. Derek Saumolia
- Ms. Milica Ziavanovic

A SMS message embodies:
- Date
- Content
- Recipient
- Sender

I would like to draw your attention to the fact that personal/private cell phones fall under the purview of the Official Information Act if they have been utilised for official duties. This interpretation has been affirmed by the Office of the Ombudsman in a similar case, as demonstrated in the following link: https://www.ombudsman.parliament.nz/reso...

If you have nothing to hide, then there is no need for any concern. It is important to emphasise that this request is made in the interest of ensuring that no wrongdoing or corruption has taken place.

I request that you refrain from destroying any records subsequent to being notified of this request, as this may constitute fraud

Your cooperation in this matter is greatly appreciated. I look forward to your prompt response.

Yours faithfully,

[User 80394 name removed by FYI.org.nz]

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[User 80394] (Account suspended) left an annotation ()

***SCHOOL SENT THIS RESPONSE VIA EXTERNAL EMAIL ON 19 OF OCTOBER***
Official information request for
I refer to your official information request dated 15 October for SMS/TEXT messages pertaining
to official school duties for the following individuals, starting from the 1 st April 2023
Mr John Russell
Mrs Jane Hambidge
Mr Derek Saumolia
Ms Milicia Ziavanovic

You asked for the information to be released to you [specify form of release asked for by
requester]. However, we cannot release the information in that form as [this would impair
efficient administration / be contrary to our legal duty to [specify legal duty] / prejudice the
interests protected by section [detail relevant section(s) of the OIA / LGOIMA]. [Describe
relevant harm, and consideration of the public interest in release, if applicable]. We have
therefore decided to release the information to you [specify form in which information will be
released].
[Use if imposing conditions on release]
The information is released to you on condition that [specify relevant conditions including any
relevant timeframes], as [describe relevant harm the condition is intended to protect].
[Use if refusing the request in full]
We have decided to refuse your request under section [detail relevant section(s) of the OIA /
LGOIMA]. [Describe relevant harm, and consideration of the public interest in release, if
applicable].
[Use in all cases—unless request granted in full immediately]
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 www.ombudsman.parliament.nz or
freephone 0800 802 602.

[Use if the response will be proactively released on the agency’s website]
Please note that it is our policy to proactively release our responses to official information
requests where possible. Our response to your request will be published shortly at [URL], with
your personal information removed.
Yours sincerely
[Name]
Encl List documents enclosed

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[User 80394] (Account suspended) left an annotation ()

They are no longer responding

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[User 80394] (Account suspended) left an annotation ()

Referred to the Office of the Ombudsman. If requested I will provide a update.

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Things to do with this request

Anyone:
Naenae College only: