1328253 Response.pdf

31/07/2024
Patrick James
[FYI request #26662 email]
Tēnā koe Patrick

OIA: 1328253 – Residential Specialist school reports
Thank you for your email of 7 May 2024 to the Ministry of Education (the Ministry) requesting the
following information:
I request all final reports and advice, created by the Ministry or under contract, relating to
the 3 residential specialist schools since the start of 2023.
If any information is withheld, i would like to know what date it can be released, and a
commitment by the Ministry to publicly release it on that date.
Thank you also for your emails on 20 May 2024 and 5 June 2024 from which your request was
refined to the following:
Final reports and advice that has been seen within the Ministry. Can i narrow it to Ministry's
top 3 management layers? Covering the following key topics:

1. RSS property redevelopment projects
2. Funding for the three schools (Salisbury, Halswell and Westbridge)
3. Research evaluation conducted by Auckland University on the experience of
families and children who have attended RSS
4. Responding to the recommendations from the UN Committee on the Rights of
Persons with Disabilities in RSS
5. School Board appointments
Your request has been considered under the Official Information Act 1982 (the Act).
We have identified eleven documents in scope of your request. These documents are set out in the
Appendix A Document Table below, along with my decision on release.
As detailed in the document table, documents one, three, six, seven and eleven are refused under
section 18(d) of the Act, as the information is, or in the case of document six, will soon be, publicly
available. The details and links for where these documents are, or will be, available, are in the
document below table. Please note that some information from documents one, seven and eleven
are withheld under the following sections of the Act:
•  Section 9(2)(a), to protect the privacy of natural persons.
Wellington National Office, 1 The Terrace, Levels 5 to 14, Wellington 6011
PO Box 1666, Wellington 6140, DX SR51201 Phone: +64 4 463 8000

•  Section 9(2)(g)(i) of the Act, to maintain the effective conduct of public affairs through the
free and frank expression of opinions by departments.
•  Section 9(2)(h) to maintain legal professional privilege.
Please note that we are intending to publish document six in full. We do not have a confirmed date
for the release as the three Residential Specialist Schools have been given the opportunity to
review the research before it goes public. However, the intention is to publish this paper within the
next two months.
Documents two, four, eight and ten are released in part within the attached Appendix A. Please
note some information from these documents is being withheld under the following sections of the
Act:
•  Section 9(2)(a) of the Act, to protect the privacy of natural persons.
•  Section 9(2)(f)(iv) of the Act, to maintain the constitutional conventions for the time being
which protect the confidentiality of advice tendered by Ministers and officials.
•  Section 9(2)(b)(ii) of the Act, to protect information where the making available of the
information would be likely unreasonably to prejudice the commercial position of the person
who supplied or who is the subject of the information.
•  Section 9(2)(j) of the Act, to enable a Minister of the Crown or any public service agency or
organisation holding the information to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations).
I am withholding document five in full under section 9(2)(f)(iv) of the Act, to maintain the
constitutional conventions for the time being which protect the confidentiality of advice tendered by
Ministers of the Crown and officials.
Document nine is released in full within the attached Appendix A.
As required under section 9(1) of the Act, I have considered the public interest in releasing the
information withheld. I do not consider the public interest considerations favouring the release of
this information are sufficient to outweigh the need to withhold it at this time.
Please note, we may publish this response on our website after five working days. Your name and
contact details will be removed.

OIA: 1328253

Thank you again for your email. You have the right to ask an Ombudsman to review my decision
on your request, in accordance with section 28 of the Act. You can do this by writing to
[email address] or to Office of the Ombudsman, PO Box 10152, Wellington 6143.
Nāku noa, nā

Michelle Ashby
General Manager, Learning Support
Te Mahau | Te Pae Aronui (Operations and Integration)

OIA: 1328253

OIA 1328253 Document Table
#
Date
METIS #  Title

Decision on release

1
2
1299640  Education Report:
Refused. Information has been refused under section
Feb
Ministerial
18(d) of the Act.
2023
Appointments to

the Combined
The information requested is publicly available at:
Board for
https://assets.education.govt.nz/public/Documents/our-
Westbridge
work/information-releases/Advice-Seen-by-our-
Residential School  Ministers/February-2023-/4.-1299640-Ministerial-
(4157) and
Appointments-to-Westbridge-and-Halswell-
Halswell
Board_Redacted.pdf
Residential

College (522)
Please note some information has been withheld from

the document under sections 9(2)(a) and 9(2)(g)(i) of
the Act.
2
9

Letters to
Release in part. Information has been withheld under
Feb
Unsuccessful
section 9(2)(a) of the Act.
2023
Applicants –
Ministerial
Appointments
3
17
1303055  Briefing Note:
Refused. Information has been refused under section
Mar
Update on
18(d) of the Act.
2023
response to ERO

Evaluation of
The information requested is publicly available at:
learning in
https://assets.education.govt.nz/public/Documents/our-
residential care
work/information-releases/Advice-Seen-by-our-

Ministers/March-2023/Joint-Briefing-Update-on-
response-to-ERO-Evaluation-of-learning-in-residential-
care.pdf
4
22

RSS evaluation
Release in part. Information has been withheld under
Jun
status update and
sections 9(2)(a), 9(2)(f)(iv) and 9(2)(b)(ii) of the Act.
2023
implications for
advice to Ministers
on RSS
5
1
1303565  Education Report:
Withheld in full. Information has been withheld under
Aug
Responding to the  section 9(2)(f)(iv) of the Act to maintain the
2023
recommendations
constitutional conventions protecting the confidentiality
from the
of advice tendered by Ministers and officials
UN Committee on
the Rights of
Persons with
Disabilities on
Residential
Specialist Schools
OIA: 1328253

#
Date
METIS #  Title

Decision on release

6

Residential
Refused. Information has been refused under section
Specialist Schools  18(d) of the Act.
Pathway

Evaluation Report  The information requested will soon be publicly

available at:
https://www.educationcounts.govt.nz/home
7
2
1315251  Briefing Note: Visit  Refused. Information has been refused under section
Aug
to Westbridge
18(d) of the Act.
2023
Residential School
4157
The information requested is publicly available at:

https://assets.education.govt.nz/public/Documents/our-
work/information-releases/Advice-Seen-by-our-
Ministers/August-2023/5.-1315251-Visit-to-
Westbridge-Residential-School-_Redacted.pdf

Please note some information has been withheld from
the document under sections 9(2)(a) and 9(2)(h) of the
Act.
8
3

Salisbury School
Release in part. Information has been withheld under
Aug
Space
section 9(2)(a) of the Act.
2023
Recommendations
and Build Roll
9
27

Memo: Residential  Release in full
Nov
Specialist Schools
2023
funding for 2024
10  14

Salisbury
Release in part. Information has been withheld under
Sept
Residential School  sections 9(2)(a) and 9(2)(j) of the Act.
2023
– Revised Stage
One Business
Case
11  18
1322225  Education Report:
Refused. Information has been refused under section
Apr
Ministerial
18(d) of the Act.
2024
Appointments to

the Combined
The information requested is publicly available at:
Board for
https://assets.education.govt.nz/public/Documents/our-
Westbridge
work/information-releases/Advice-Seen-by-our-
Residential School  Ministers/2024/April-2024/1322225.pdf
(4157) and

Halswell
Please note some information has been/will be
Residential
withheld from the document under section 9(2)(a) of
College (522)
the Act.

OIA: 1328253