Cellphone Ban
Ben made this Official Information request to Ministry of Education
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From: Ben
Dear Ministry of Education,
I note that the Minister of Education announced, on 19 December, the following:
"“Effective from Term 2 2024, students will need to put their cellphone away for the day and schools will be required to have a cellphone policy in place by then.
“While the policy officially takes effect from Term 2 2024, it is our expectation that most schools will implement the policy from Term 1.
“The implementation and enforcement of the policy will be at the discretion of individual schools to ensure it is implemented effectively for their school community. Options that have been successfully used in some schools include having students hand in their cellphones before class or leaving them in their lockers or bags for the day. Exemptions will be allowed for students with health conditions or in special learning circumstances.
“We are committed to working with educators to bring these policies to life.”"
This has been described in the media as a "cellphone ban".
I request the following information:
1. Under what statutory or other authority has the Minister/Ministry directed schools to have a cellphone policy?
2. Other than having a cellphone policy, what other requirements has the Minister/Ministry imposed?
3. Has the Minister/Ministry imposed any requirements for the content of the policy? (ie things that must, must not, or may be in the policy)
4. Has the Minister/Ministry imposed any requirements for the process by which the policy is to be created? In particular, are schools required to consult on the
5. Is the cellphone policy required to restrict cellphone availability/use, or can it maintain existing levels of availability use? Can the policy apply different restrictions to different age groups (for example, allowing final years students at college greater access)?
6. Are the policy exemptions for health conditions and special learning circumstances determined by the Minister/Ministry or the school? Are other exemptions permitted? Who will determine whether an exemption applies to a particular case? What protections are there if schools do have a sufficient exemption, or apply the exemption appropriately?
7. In relation to the power in question 1, what other subjects have been the subject of similar directions in the past six years? Are there other potential directions under consideration?
I request the following documents:
A. All advice (including any decision papers or cabinet papers) in relation to the "cellphone ban".
B. Copies of all communications to schools about the cellphone ban (but, for the avoidance of doubt, where substantially the same communication has been sent to more than one school, only one copy is requested)/
I am not, however requesting the names of officials and am happy for their names and contact details to be redacted, provided the position titles are listed.
Yours faithfully,
Ben
From: Enquiries National
Ministry of Education
Tēnā koe mō tō īmēra mai ki te Tāhuhu o Thank you for your email to the
te Mātauranga. Ministry of Education.
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From: Enquiries National
Ministry of Education
Kia ora Ben
Thank you for your request for information below. The Ministry will consider and respond to your request in accordance with the Official Information Act 1982 (the Act).
Under section 15(1) of the Act, we are required to make and inform you of our decision on your request as soon as reasonably practicable and in any case not later than 20 working days after the day on which your request is received. You can therefore expect to receive our decision on your request on or before the 13 of February 2024. If more than 20 working days are needed due to the potential workload and/or consultations involved in answering your request, we will notify you accordingly.
Please note, the period between 25 December – 15 January are not considered to be “working days” for the purposes of calculating the 20 working day timeframe for providing a response under the Act.
The Ministry may publicly release on our website the response to your request five days after you have received it. Any personal information will be removed.
In the interim, if you have any questions about your request, please email [email address].
Ngā mihi
Enquiries National Team | Ministry of Education | IB
8 Gilmer Terrace, Wellington
education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai ōna huanga
We shape an education system that delivers equitable and excellent outcomes
-----Original Message-----
From: Ben <[FOI #25347 email]>
Sent: Monday, 8 January 2024 2:05 pm
To: Enquiries National <[email address]>
Subject: Official Information request - Cellphone Ban
[You don't often get email from [FOI #25347 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]
Dear Ministry of Education,
I note that the Minister of Education announced, on 19 December, the following:
"“Effective from Term 2 2024, students will need to put their cellphone away for the day and schools will be required to have a cellphone policy in place by then.
“While the policy officially takes effect from Term 2 2024, it is our expectation that most schools will implement the policy from Term 1.
“The implementation and enforcement of the policy will be at the discretion of individual schools to ensure it is implemented effectively for their school community. Options that have been successfully used in some schools include having students hand in their cellphones before class or leaving them in their lockers or bags for the day. Exemptions will be allowed for students with health conditions or in special learning circumstances.
“We are committed to working with educators to bring these policies to life.”"
This has been described in the media as a "cellphone ban".
I request the following information:
1. Under what statutory or other authority has the Minister/Ministry directed schools to have a cellphone policy?
2. Other than having a cellphone policy, what other requirements has the Minister/Ministry imposed?
3. Has the Minister/Ministry imposed any requirements for the content of the policy? (ie things that must, must not, or may be in the policy)
4. Has the Minister/Ministry imposed any requirements for the process by which the policy is to be created? In particular, are schools required to consult on the
5. Is the cellphone policy required to restrict cellphone availability/use, or can it maintain existing levels of availability use? Can the policy apply different restrictions to different age groups (for example, allowing final years students at college greater access)?
6. Are the policy exemptions for health conditions and special learning circumstances determined by the Minister/Ministry or the school? Are other exemptions permitted? Who will determine whether an exemption applies to a particular case? What protections are there if schools do have a sufficient exemption, or apply the exemption appropriately?
7. In relation to the power in question 1, what other subjects have been the subject of similar directions in the past six years? Are there other potential directions under consideration?
I request the following documents:
A. All advice (including any decision papers or cabinet papers) in relation to the "cellphone ban".
B. Copies of all communications to schools about the cellphone ban (but, for the avoidance of doubt, where substantially the same communication has been sent to more than one school, only one copy is requested)/
I am not, however requesting the names of officials and am happy for their names and contact details to be redacted, provided the position titles are listed.
Yours faithfully,
Ben
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DISCLAIMER:
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Education accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
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From: Enquiries National
Ministry of Education
Kia ora Ben,
Thank you for your email of 08 January 2024 to the Ministry of Education
(the Ministry) for the below information:
1. Under what statutory or other authority has the Minister/Ministry
directed schools to have a cellphone policy?
2. Other than having a cellphone policy, what other requirements has the
Minister/Ministry imposed?
3. Has the Minister/Ministry imposed any requirements for the content of
the policy? (ie things that must, must not, or may be in the policy)
4. Has the Minister/Ministry imposed any requirements for the process by
which the policy is to be created? In particular, are schools required to
consult on the
5. Is the cellphone policy required to restrict cellphone
availability/use, or can it maintain existing levels of availability use?
Can the policy apply different restrictions to different age groups (for
example, allowing final years students at college greater access)?
6. Are the policy exemptions for health conditions and special learning
circumstances determined by the Minister/Ministry or the school? Are other
exemptions permitted? Who will determine whether an exemption applies to a
particular case? What protections are there if schools do have a
sufficient exemption, or apply the exemption appropriately?
7. In relation to the power in question 1, what other subjects have been
the subject of similar directions in the past six years? Are there other
potential directions under consideration?
I request the following documents:
A. All advice (including any decision papers or cabinet papers) in
relation to the "cellphone ban".
B. Copies of all communications to schools about the cellphone ban (but,
for the avoidance of doubt, where substantially the same communication has
been sent to more than one school, only one copy is requested)
I am not, however requesting the names of officials and am happy for their
names and contact details to be redacted, provided the position titles are
listed.
Your request has been considered under the Official Information Act 1982
(the Act).
We note that part 7 of your request as currently worded, is very broad in
nature and scope, covers an extensive period of time and lacks due
particularity. As such it would likely require substantial research and
collation to satisfy and may be refused under section 18(f) of the Act on
that basis.
In the hope that we may be able to avoid refusing this part of your
request, we are seeking clarification of the word ‘subject’ and refinement
of the six-year timeframe.
We look forward to hearing from you and would appreciate your response no
later than 30 January 2024. Once we have your clarification, we will
continue working on your request.
Please note that in line with Section 15 (1AA) of the Act, if a request is
amended or clarified after the date on which it is received, the Ministry
may treat the amended or clarified request as a new request that replaces
the original request.
Ngâ mihi
Enquiries National Team | Ministry of Education | IB
8 Gilmer Terrace, Wellington
[1]education.govt.nz
He mea târai e mâtou te mâtauranga kia rangatira ai, kia mana taurite ai
ôna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2][IMG]
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DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
References
Visible links
1. http://www.education.govt.nz/
2. http://www.education.govt.nz/
hide quoted sections
From: Enquiries National
Ministry of Education
Kia ora Ben
We are following up the below email, we have asked you to clarify part 7
of your request.
Please respond by no later than Monday 05 February 2024 otherwise we may
refuse this part of your request.
Please note that in line with Section 15 (1AA) of the Act, if a request is
amended or clarified after the date on which it is received, the Ministry
may treat the amended or clarified request as a new request that replaces
the original request.
Ngā mihi
Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of
Education | MC
[1]education.govt.nz
We shape an education system that delivers equitable and excellent
outcomes
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
[2]Te TD huhu o te MD tauranga
From: Enquiries National
Sent: Tuesday, January 23, 2024 3:46 PM
To: '[FOI #25347 email]'
<[3][FOI #25347 email]>
Subject: OIA 1320870 - Clarification
Kia ora Ben,
Thank you for your email of 08 January 2024 to the Ministry of Education
(the Ministry) for the below information:
1. Under what statutory or other authority has the Minister/Ministry
directed schools to have a cellphone policy?
2. Other than having a cellphone policy, what other requirements has the
Minister/Ministry imposed?
3. Has the Minister/Ministry imposed any requirements for the content of
the policy? (ie things that must, must not, or may be in the policy)
4. Has the Minister/Ministry imposed any requirements for the process by
which the policy is to be created? In particular, are schools required to
consult on the
5. Is the cellphone policy required to restrict cellphone
availability/use, or can it maintain existing levels of availability use?
Can the policy apply different restrictions to different age groups (for
example, allowing final years students at college greater access)?
6. Are the policy exemptions for health conditions and special learning
circumstances determined by the Minister/Ministry or the school? Are other
exemptions permitted? Who will determine whether an exemption applies to a
particular case? What protections are there if schools do have a
sufficient exemption, or apply the exemption appropriately?
7. In relation to the power in question 1, what other subjects have been
the subject of similar directions in the past six years? Are there other
potential directions under consideration?
I request the following documents:
A. All advice (including any decision papers or cabinet papers) in
relation to the "cellphone ban".
B. Copies of all communications to schools about the cellphone ban (but,
for the avoidance of doubt, where substantially the same communication has
been sent to more than one school, only one copy is requested)
I am not, however requesting the names of officials and am happy for their
names and contact details to be redacted, provided the position titles are
listed.
Your request has been considered under the Official Information Act 1982
(the Act).
We note that part 7 of your request as currently worded, is very broad in
nature and scope, covers an extensive period of time and lacks due
particularity. As such it would likely require substantial research and
collation to satisfy and may be refused under section 18(f) of the Act on
that basis.
In the hope that we may be able to avoid refusing this part of your
request, we are seeking clarification of the word ‘subject’ and refinement
of the six-year timeframe.
We look forward to hearing from you and would appreciate your response no
later than 30 January 2024. Once we have your clarification, we will
continue working on your request.
Please note that in line with Section 15 (1AA) of the Act, if a request is
amended or clarified after the date on which it is received, the Ministry
may treat the amended or clarified request as a new request that replaces
the original request.
Ngā mihi
Enquiries National Team | Ministry of Education | IB
8 Gilmer Terrace, Wellington
[4]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
[5][IMG]
--------------------------------------------------------------------------
DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
References
Visible links
1. http://www.education.govt.nz/
2. https://www.education.govt.nz/
3. mailto:[FOI #25347 email]
4. http://www.education.govt.nz/
5. http://www.education.govt.nz/
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From: Ben
Dear Enquiries National,
Apologies, I did not see your requests for clarification.
I appreciate it may be too late, but if it isn't, I will just withdraw Part 7 of my request at this stage, and lodge a more refined request if needed.
Yours sincerely,
Ben
From: Enquiries National
Ministry of Education
Tēnā koe mō tō īmēra mai ki te Tāhuhu o Thank you for your email to the
te Mātauranga. Ministry of Education.
He urupare aunoa tēnei hei whakaatu kua This is an auto generated response
tae mai tō īmēra confirming your email has been
ki a mātou. Kaua noa e whakautu i tēnei received. Please do not respond to this
karere. message.
Mea ake nei ka urupare tonu atu mātou ki We will respond to your email as soon
tō īmēra. as possible.
--------------------------------------------------------------------------
DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
hide quoted sections
From: Enquiries National
Ministry of Education
Kia ora Ben
Please note the attached extension letter.
Ngā mihi
Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of
Education | AG
[1]education.govt.nz
We shape an education system that delivers equitable and excellent
outcomes
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
[2]Te TD huhu o te MD tauranga
--------------------------------------------------------------------------
DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
References
Visible links
1. http://www.education.govt.nz/
2. https://www.education.govt.nz/
hide quoted sections
From: Enquiries National
Ministry of Education
Kia ora Ben
Please find attached a response to your request under Official Information
Act 1982.
Ngā mihi
Enquiries National Team | Ministry of Education | IB
8 Gilmer Terrace, Wellington
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2][IMG]
--------------------------------------------------------------------------
DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
References
Visible links
1. http://www.education.govt.nz/
2. http://www.education.govt.nz/
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