Dear Ministry of Transport,

The Council was notified shortly after the closing of your consultation on Land Transport Rule: Setting of Speed Limits 2024 of the following statement in the supporting material:

"We may use an artificial intelligence tool to help us analyse submissions
We may use an AI tool to help us analyse submissions. We will take steps to avoid inputting personal information into any AI tool that is outside our network."[1]

Hereafter this “artificial intelligence tool” is referenced as “the tool”.

The New Zealand Council for Civil Liberties requests:

1. The name of the tool, and the names of any supporting external tools.

2. The Privacy Impact Assessment for this use of the tool.

3. The privacy policies, if any, of the tool.

4. As the Ministry is a signatory to the Algorithm Charter, we request the supporting material for the tool produced in accordance with the Algorithm Charter, including but not limited to:[2]
4a. “plain English documentation of the algorithm.”
4b. explanations of “how data are collected, secured and stored.”
4c. evidence of how a Te Ao Māori perspective was embedded in the development.
4d. the analysis of the tool for compliance with Te Tiriti o Waitangi.
4e. the process used to identify, engage and consult “with people, communities and groups who have an interest in algorithms.”
4f. the documents resulting from that consultation.
4g. the report or other evidence of the peer review of the tool for unintended consequences.

5.In July 2023, Government Chief Digital Officer (GCDO) issued “Initial advice on Generative Artificial Intelligence in the public service” (GCDO advice)[3]. As this advice was issued under authority delegated under the Public Service Act, it binds the Ministry. The Council requests:
5a. the Ministry’s policies or standards for “trialling and using GenAI”, whether developed in response to the GCDO advice or independently.
5b. the assessment of the tool against the policy or standard, or other evidence that the policy or standard was used when procuring or creating the tool.
5c. the details of the “guard rails” which ensure that the tool is used safely.
5d. evidence that the tool was tested, that it passed testing, and a summary of the test procedures.

6. Any internal or external ethics advice the Ministry has on the tool, or, if none, on Generative AI.

7. The processes by which the Ministry “avoid[s] inputting personal information into any AI tool that is outside [your] network”, including how the Ministry audits, or plans to audit, these processes.

8. The Ministry’s policy on using AI tools to process, summarise and/or analysis submissions, including any external guidance the Ministry has received.

9. What efforts, other than this small section in the consultation document, the Ministry has made to let members of the public know about the Ministry’s use of AI tools.

10.How NZTA allows members of the public to opt out of their submissions being entered into an AI tool.

11. The list of consultations on which the Ministry has used AI tools.

Under section 16(2) of the OIA our preferences are (a) to receive a copy of the whole document (b) that the information is disclosed in a text searchable format, either Word or PDF, and (c) that it is sent to the email address from which the Ministry received this request.

If the Ministry decides that there is 'good reason' under the OIA to withhold any of the information we are requesting, then under section 19(a)(ii) of the OIA, we further request that the Ministry provides us with the grounds in support of each withholding reason cited for refusal.

If any part of our request is unclear, please don't hesitate to contact us.

Yours faithfully,

New Zealand Council for Civil Liberties

[1] p1of https://consult.transport.govt.nz/policy...
[2] https://www.data.govt.nz/toolkit/data-et...
[3] https://www.digital.govt.nz/standards-an...