Employee SMS/TEXT Messages
Mr Murray made this Official Information request to Naenae College
This request has an unknown status. We're waiting for Mr Murray to read a recent response and update the status.
From: Mr Murray
Dear Naenae College,
I am submitting an Official Information Act (OIA) request seeking copies of SMS/TEXT messages exchanged on official communication devices, encompassing all transmissions of official messages, this includes personal or work duties on official platforms, commencing from April 1, 2023.
Specifically, I am requesting information pertaining to the following staff members:
-Mrs Jane Hambidge
-Mr Chris Taylor
-Mr John Russell
Each text message should include the timestamp, sender, receiver, and message content. Messages you may deem 'not relevant,' such as personal notifications like "I am coming home in 10 mins," need be included, as they fall inside the scope of this request. However, it is essential to consider that users of official cell phones are cognisant of their accountability under the OIA, given that these devices are funded using public resources. There is no need to do unnecessary redacting.
This request is motivated by the need to comprehend the purpose of official cellphone usage and to ensure that no misuse or unauthorised activities are taking place within the school. Personal/private cell phones used for official duties are subject to the Official Information Act, as confirmed by the Office of the Ombudsman in a similar case.
I would like to underscore that the purpose of this enquiry is to uphold transparency and prevent any potential misconduct or corruption. I expect that you will not dispose of any records subsequent to receiving this request, as doing so may be construed as fraudulent.
I appreciate your cooperation in providing the requested information promptly.
Very truly yours,
Mr Murray
From: Admin Account
Naenae College
Kia ora Mr Murray
Re: Official Information Act Request - Employee SMS/Text Messages
Thank you for your email and your OIA request. OIA requests are as the
name suggests 'official information requests'. I know that
the [1]FYI.org.nz website allows users to submit requests using a
pseudonym. I have emailed them to seek clarification and they do not
require someone using their services to authenticate their identity. I am
not comfortable with the pseudonymous nature of your correspondence, as I
believe the intent of an OIA is to seek that which is public knowledge. As
your request has been submitted using an autonym name and email address I
am obliged to respond accordingly.
For that reason, I am not able to fulfil your request.
Chris Taylor
Principal
On Mon, Nov 13, 2023 at 6:59 PM Mr Murray
<[2][FOI #24734 email]> wrote:
Dear Naenae College,
I am submitting an Official Information Act (OIA) request seeking copies
of SMS/TEXT messages exchanged on official communication devices,
encompassing all transmissions of official messages, this includes
personal or work duties on official platforms, commencing from April 1,
2023.
Specifically, I am requesting information pertaining to the following
staff members:
-Mrs Jane Hambidge
-Mr Chris Taylor
-Mr John Russell
Each text message should include the timestamp, sender, receiver, and
message content. Messages you may deem 'not relevant,' such as personal
notifications like "I am coming home in 10 mins," need be included, as
they fall inside the scope of this request. However, it is essential to
consider that users of official cell phones are cognisant of their
accountability under the OIA, given that these devices are funded using
public resources. There is no need to do unnecessary redacting.
This request is motivated by the need to comprehend the purpose of
official cellphone usage and to ensure that no misuse or unauthorised
activities are taking place within the school. Personal/private cell
phones used for official duties are subject to the Official Information
Act, as confirmed by the Office of the Ombudsman in a similar case.
I would like to underscore that the purpose of this enquiry is to uphold
transparency and prevent any potential misconduct or corruption. I
expect that you will not dispose of any records subsequent to receiving
this request, as doing so may be construed as fraudulent.
I appreciate your cooperation in providing the requested information
promptly.
Very truly yours,
Mr Murray
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[3][FOI #24734 email]
Is [4][Naenae College request email] the wrong address for Official
Information requests to Naenae College? If so, please contact us using
this form:
[5]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[6]https://fyi.org.nz/help/officers
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.
-------------------------------------------------------------------
--
Admin
Naenae College
910 High Street
Avalon
Lower Hutt 5011
References
Visible links
1. http://fyi.org.nz/
2. mailto:[FOI #24734 email]
3. mailto:[FOI #24734 email]
4. mailto:[Naenae College request email]
5. https://fyi.org.nz/change_request/new?bo...
6. https://fyi.org.nz/help/officers
hide quoted sections
From: Mr Murray
Dear Admin Account,
Muarry is my real legal last name, it is not in any way pseudonymous. I have sent a copy of my passport privately via your main admin email, so you can be satisfied.
Are you trying to be nosey or something? As I am struggling to work out what you are trying to achieve here. While the content of this request is considered official information, my name is not.
Please note that querying a requester’s eligibility will not affect the date that a request was received. The working day count still starts from the day after the request was received, not the day after eligibility was confirmed.
Yours sincerely,
Mr Murray
From: Admin Account
Naenae College
Kia ora Mr Murray
The College will not be fulfilling your OIA request, for reasons indicated
in previous correspondence.
Kind regards
On Wed, Nov 22, 2023 at 9:38 PM Mr Murray
<[1][FOI #24734 email]> wrote:
Dear Admin Account,
Muarry is my real legal last name, it is not in any way pseudonymous. I
have sent a copy of my passport privately via your main admin email, so
you can be satisfied.
Are you trying to be nosey or something? As I am struggling to work out
what you are trying to achieve here. While the content of this request
is considered official information, my name is not.
Please note that querying a requester’s eligibility will not affect the
date that a request was received. The working day count still starts
from the day after the request was received, not the day after
eligibility was confirmed.
Yours sincerely,
Mr Murray
-----Original Message-----
Kia ora Mr Murray
Re: Official Information Act Request - Employee SMS/Text Messages
Thank you for your email and your OIA request. OIA requests are as the
name suggests 'official information requests'. I know that
the [1][2]FYI.org.nz website allows users to submit requests using a
pseudonym. I have emailed them to seek clarification and they do not
require someone using their services to authenticate their identity. I
am
not comfortable with the pseudonymous nature of your correspondence, as
I
believe the intent of an OIA is to seek that which is public knowledge.
As
your request has been submitted using an autonym name and email address
I
am obliged to respond accordingly.
For that reason, I am not able to fulfil your request.
Chris Taylor
Principal
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #24734 email]
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[4]https://fyi.org.nz/help/officers
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.
-------------------------------------------------------------------
--
Admin
Naenae College
910 High Street
Avalon
Lower Hutt 5011
References
Visible links
1. mailto:[FOI #24734 email]
2. http://fyi.org.nz/
3. mailto:[FOI #24734 email]
4. https://fyi.org.nz/help/officers
hide quoted sections
From: Mr Murray
Dear Admin Account,
Please submit this complaint to your Board:
I am not satisfied with Chris Taylor’s response to my OIA request titled, "Employee SMS/TEXT Messages”. You are obligated under the OIA to provide reasonable assistance to the requester, such as assisting to verify me. Instead, Chris Taylor outright refused my request. Then, after providing identification, Chris Taylor again refused my request for the same reasons, taking one week in doing so.
Yours sincerely,
Mr Murray
From: Admin Account
Naenae College
Kia ora Mr Murray
Please find attached our response to you OIA.
Kind regards
Naenae College.
On Mon, Nov 13, 2023 at 6:59 PM Mr Murray
<[1][FOI #24734 email]> wrote:
Dear Naenae College,
I am submitting an Official Information Act (OIA) request seeking copies
of SMS/TEXT messages exchanged on official communication devices,
encompassing all transmissions of official messages, this includes
personal or work duties on official platforms, commencing from April 1,
2023.
Specifically, I am requesting information pertaining to the following
staff members:
-Mrs Jane Hambidge
-Mr Chris Taylor
-Mr John Russell
Each text message should include the timestamp, sender, receiver, and
message content. Messages you may deem 'not relevant,' such as personal
notifications like "I am coming home in 10 mins," need be included, as
they fall inside the scope of this request. However, it is essential to
consider that users of official cell phones are cognisant of their
accountability under the OIA, given that these devices are funded using
public resources. There is no need to do unnecessary redacting.
This request is motivated by the need to comprehend the purpose of
official cellphone usage and to ensure that no misuse or unauthorised
activities are taking place within the school. Personal/private cell
phones used for official duties are subject to the Official Information
Act, as confirmed by the Office of the Ombudsman in a similar case.
I would like to underscore that the purpose of this enquiry is to uphold
transparency and prevent any potential misconduct or corruption. I
expect that you will not dispose of any records subsequent to receiving
this request, as doing so may be construed as fraudulent.
I appreciate your cooperation in providing the requested information
promptly.
Very truly yours,
Mr Murray
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[2][FOI #24734 email]
Is [3][Naenae College request email] the wrong address for Official
Information requests to Naenae College? If so, please contact us using
this form:
[4]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[5]https://fyi.org.nz/help/officers
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.
-------------------------------------------------------------------
--
Admin
Naenae College
910 High Street
Avalon
Lower Hutt 5011
References
Visible links
1. mailto:[FOI #24734 email]
2. mailto:[FOI #24734 email]
3. mailto:[Naenae College request email]
4. https://fyi.org.nz/change_request/new?bo...
5. https://fyi.org.nz/help/officers
hide quoted sections
From: Mr Murray
Dear Chris Taylor,
I am writing to express my profound dissatisfaction with your response dated 27
September 2024 regarding my Official Information Act (OIA) request. Your handling of
this request demonstrates multiple serious breaches of the OIA and related guidance.
I demand an immediate reconsideration for the following reasons:
1. Your response grossly misrepresents my original request, violating your duty
under section 13 of the OIA to provide reasonable assistance to requesters. This
mischaracterization appears deliberate and designed to justify an unlawful
blanket refusal.
2. Your blanket refusal under section 9(2)(a) without considering partial release
violates section 16(1)(e) of the OIA, which allows for release of an "excerpt or
summary of the contents" where full release is not possible. The Ombudsman's
"Public interest" guide clearly states that agencies must consider releasing
information with redactions where possible.
3. You have not demonstrated any consideration of the public interest in release,
as required by section 9(1) of the OIA. The Ombudsman's guide on section
9(2)(a) emphasizes that even where privacy interests exist, they must be
weighed against public interest factors such as transparency in the use of public
resources.
4. Your response, nearly a year after my request, grossly exceeds the 20 working
day limit set by section 15(1) of the OIA. This is a serious breach of your statutory
obligations and undermines the principle of availability in section 5 of the OIA.
5. Your refusal fails to meet the requirements of section 19(a)(i) of the OIA, which
requires you to give the "reason for the refusal and, if the requester so requests,
the grounds in support of that reason." The Ombudsman's "Refusal reasons"
guide emphasizes the need for detailed explanations.
6. There is no evidence that you attempted to consult with me to refine the request,
as suggested in the Ombudsman's "Substantial collation or research" guide.
This could have addressed any concerns about the scope of the request.
7. Your blanket refusal fails to distinguish between personal and work-related
communications. The Ombudsman has consistently held that work-related
communications on official devices are subject to the OIA, even if some
personal content is included.
8. Your approach contradicts the spirit of openness promoted by the OIA and the
government's commitment to proactive release of information, as outlined in the
State Services Commission's "Proactive Release" guidance.
9. Your broad use of section 9(2)(a) suggests a misunderstanding or misapplication
of privacy considerations. The Privacy Act 2020 and related Ombudsman
guidance make it clear that privacy is not an absolute right and must be
balanced against other considerations.
Given these serious breaches, I ask that you within a reasonable period:
10.Provide a response that accurately addresses my original request.
11.Conduct a thorough review of the requested information, releasing all nonprivate content as per section 16(1)(e) of the OIA.
12.Provide a detailed explanation of any withheld information, including your
assessment of the public interest as required by section 9(1).
13.Explain the excessive delay and outline steps to ensure future compliance with
section 15(1).
Your actions have severely undermined public trust and the principles of open
government. I urge you to rectify these breaches and comply with your legal and ethical
obligations immediately.
Yours sincerely,
Mr Murray
From: Admin Email
Naenae College
Kia ora Mr Murray
As stated in our letter of 27 September 2024, your request for information
was refused under section 9(2)(a) of the Official Information Act and we
now consider this matter completed.
Kind regards
Naenae College.
On Tue, Oct 1, 2024 at 10:05 PM Mr Murray
<[1][FOI #24734 email]> wrote:
Dear Chris Taylor,
I am writing to express my profound dissatisfaction with your response
dated 27
September 2024 regarding my Official Information Act (OIA) request. Your
handling of
this request demonstrates multiple serious breaches of the OIA and
related guidance.
I demand an immediate reconsideration for the following reasons:
1. Your response grossly misrepresents my original request, violating
your duty
under section 13 of the OIA to provide reasonable assistance to
requesters. This
mischaracterization appears deliberate and designed to justify an
unlawful
blanket refusal.
2. Your blanket refusal under section 9(2)(a) without considering
partial release
violates section 16(1)(e) of the OIA, which allows for release of an
"excerpt or
summary of the contents" where full release is not possible. The
Ombudsman's
"Public interest" guide clearly states that agencies must consider
releasing
information with redactions where possible.
3. You have not demonstrated any consideration of the public interest in
release,
as required by section 9(1) of the OIA. The Ombudsman's guide on section
9(2)(a) emphasizes that even where privacy interests exist, they must be
weighed against public interest factors such as transparency in the use
of public
resources.
4. Your response, nearly a year after my request, grossly exceeds the 20
working
day limit set by section 15(1) of the OIA. This is a serious breach of
your statutory
obligations and undermines the principle of availability in section 5 of
the OIA.
5. Your refusal fails to meet the requirements of section 19(a)(i) of
the OIA, which
requires you to give the "reason for the refusal and, if the requester
so requests,
the grounds in support of that reason." The Ombudsman's "Refusal
reasons"
guide emphasizes the need for detailed explanations.
6. There is no evidence that you attempted to consult with me to refine
the request,
as suggested in the Ombudsman's "Substantial collation or research"
guide.
This could have addressed any concerns about the scope of the request.
7. Your blanket refusal fails to distinguish between personal and
work-related
communications. The Ombudsman has consistently held that work-related
communications on official devices are subject to the OIA, even if some
personal content is included.
8. Your approach contradicts the spirit of openness promoted by the OIA
and the
government's commitment to proactive release of information, as outlined
in the
State Services Commission's "Proactive Release" guidance.
9. Your broad use of section 9(2)(a) suggests a misunderstanding or
misapplication
of privacy considerations. The Privacy Act 2020 and related Ombudsman
guidance make it clear that privacy is not an absolute right and must be
balanced against other considerations.
Given these serious breaches, I ask that you within a reasonable period:
10.Provide a response that accurately addresses my original request.
11.Conduct a thorough review of the requested information, releasing all
nonprivate content as per section 16(1)(e) of the OIA.
12.Provide a detailed explanation of any withheld information, including
your
assessment of the public interest as required by section 9(1).
13.Explain the excessive delay and outline steps to ensure future
compliance with
section 15(1).
Your actions have severely undermined public trust and the principles of
open
government. I urge you to rectify these breaches and comply with your
legal and ethical
obligations immediately.
Yours sincerely,
Mr Murray
-----Original Message-----
Kia ora Mr Murray
Please find attached our response to you OIA.
Kind regards
Naenae College.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[2][FOI #24734 email]
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[3]https://fyi.org.nz/help/officers
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.
-------------------------------------------------------------------
References
Visible links
1. mailto:[FOI #24734 email]
2. mailto:[FOI #24734 email]
3. https://fyi.org.nz/help/officers
hide quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
If you believe this request is not suitable, you can report it for attention by the site administrators
Report this request