27 June 2024
45 Pipitea St
PO Box 805
Wel ington 6140
Joe
Phone +64 4 495 7200
[FYI request #27127 email]
Fax +64 4 495 7222
Websit
e dia.govt.nz
Tēnā koe Joe,
Official Information Act 1982 request, reference OIA2324-1052
Thank you for your email of 4 June 2024 to Te Tari Taiwhenua | Department of Internal
Affairs requesting the fol owing under the Official Information Act 1982 (the Act):
I am seeking clarification regarding the position of the Department of Internal Affairs
and their advice to NZ government agencies, regarding "communication plans" which
include "email redirection".
[The remainder of your request is attached as Appendix A]
On 17 June 2024, you clarified that you are after information relating to:
- Government Chief Data Officer
- Government Chief Privacy Officer
- Government Chief Information Officer.
I can advise that we have not produced any advice regarding email forwarding or email
blocking to agencies for managing unreasonable complainant conduct. Therefore, your
request is refused under 18(e) of the Act, as the information does not exist.
Access to the Ombudsman
You have the right, under section 28 of the Act, to seek an investigation and review of this
response by the Office of the Ombudsman. The postal address is PO Box 10152, Wel ington.
Alternatively, you can phone 0800 802 602 or em
ail [email address]
Proactive release of your request
The response to your request will be published online at www.dia.govt.nz. This letter, with
your personal details removed, will be published in its entirety. Publishing responses
increases the availability of information to the public and is consistent with the Act’s
purpose of enabling effective participation in the making and administration of laws and
policies and promoting the accountability of Ministers and officials.
Nāku noa, nā
Jeremy Cauchi
Director Ministerial, Monitoring, and Capability
Appendix A
I am seeking clarification regarding the position of the Department of Internal Affairs
and their advice to NZ government agencies, regarding "communication plans" which
include "email redirection".
In ACC's response GOV-005668 (04/08/2020), Sasha Wood, Manager Official
Information Act Services, stated:
"Redirection of emails, outside of a communication plan, may occur. ."
In ACC's response GOV-026875 (11/08/2023), Sara Freitag, Acting Manager Official
Information Act Services, wrote:
"ACC’s Communication Plan Policy was approved in December 2022. This policy is a
formal document outlining the process undertaken if client’s behaviour or
communication is unreasonable; this process includes email redirection."
ACC's Communication Plan Policy v2.0 states:
"The restrictions that can be placed on a client are the same as those outlined by the
Ombudsman in Managing unreasonable complainant conduct practice manual."
In ACC's response GOV-029414 (15/12/2023), Sara Freitag, Manager Official
Information Act Services, wrote:
"We currently have a total of 71 mail flow rules for email redirection purposes."
In ACC's response GOV-029712 (29/01/2024) Jason Hope, Acting Manager Official
Information Act Service, wrote:
"ACC has 75 client email addresses subject to email redirection. These email addresses
are either linked to at least one client in EOS or are not linked to a client in EOS but we
have otherwise determined are emails used by clients. Some of these may also be
linked to non-client records. We have identified a further nine email addresses subject
to email redirection, which were previously linked to a client in EOS."
I can find no mention of "email redirection" in the Ombudsman's manual, only
references to email blocking or forwarding (both legitimate and lawful). The comment
on p 100 could be loosely interpreted as "email forwarding", but then Chapter 20 starts
with "What if access cannot be restricted or we have contributed to the problem?"
I request documents, reports, advice, or any other information, that describe the
Department of Internal Affairs': understanding of:
(a) the meaning of "email redirection",
(b) when "email redirection" is to be implemented as part of a communication plan,
(c) how "email redirection" is to be implemented,
Please specify whether the "email redirection" should:
(a) occur during transit, that is the email is redirected to an unintended person at an
email server and before reaching the intended recipient, or
(b) occur after the intended recipient received the email, which requires either the
intended recipient to open and forward the email manually, or the intended recipient
sets up a rule so that the email is forwarded to a person that they designated.
To clarify, in scenario (a) all of the sender's emails are redirected to an unintended
recipient, including all emails sent to the general complaint team inbox. That is, not one
communication is ever received by the intended recipient. However, in scenario (b), the
intended recipient receives the communication, but then the intended recipient chooses
whom to forward the message to (like their manager).
I request the list of documents which informed the Department of Internal Affairs'
advice and the discussion papers as to how restriction of complainants'
communications is consistent with obligations imposed under the OIA, Privacy Act,
NZBoRA, and any other legislation that confers rights of freedom of expression
(seeking, obtaining, and disseminating information)
Please specify whether the extreme steps of restricting communications is applicable
when the complainant has legitimate complaints, which are not being addressed in
accordance with the law, and when the complainant has not been violent or abusive,
but has only been persistent expressed frustration or has been simply annoying.
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