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Advice and progress in relation to the Accessibility for New Zealanders Bill

Simon Zhao made this Official Information request to Ministry for Disabled People

This request has an unknown status. We're waiting for Simon Zhao to read recent responses and update the status.

From: Simon Zhao

Dear Whaikaha - Ministry of Disabled People,

Please provide a copy of:

1. All advice received and provided by the Minister in relation to the Accessibility for New Zealanders Bill.

2. The paper which Minister Hon Penny Simmonds took to the Cabinet Legislation Committee titled 'Confirming the status of the Accessibility for New Zealanders Bill' on 21 March 2024.

Yours faithfully,

Simon Zhao & Margaret Stefanitsis

Link to this

From: OIA_requests (WHAIKAHA)
Ministry for Disabled People

IN-CONFIDENCE

Tēnā koe Simon

Thank you for your Official Information Act 1982 requests, received 6 August 2024.

Your first request has been logged with the reference OIA3133. You can expect to receive a response within 20 working days.

We also wish to clarify some parts of your request:

1. All advice received and provided by the Minister in relation to the Accessibility for New Zealanders Bill.

Did you mean - all advice received BY and provided TO the Minister in relation to the Accessibility for New Zealanders Bill?
Are you referring to the current Minister- for Disability Issues Hon Louise Upston?

Under section 15(1AA) of the OIA, any requests amended and clarified within 7 working days, shall be treated as a new request.

Many thanks

Ngā mihi,
Margee Do (she/her)
Senior Advisor, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People
E: [email address]
http://www.whaikaha.govt.nz/

Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō
Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the
warmth of the sun.

show quoted sections

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From: Simon Zhao

Dear OIA_requests (WHAIKAHA),

Thank you for the swift response Margee.

1. In respect of “Did you mean - all advice received BY and provided TO the Minister in relation to the Accessibility for New Zealanders Bill?”. Yes.

2. In respect of “Are you referring to the current Minister- for Disability Issues Hon Louise Upston?” No, “Minister” as in all current and outgoing Minister who have been involved with the bill.

3. Perhaps, replacing the word “Minister” with “Ministry” might clear this up.

Yours sincerely,

Simon Zhao

Link to this

From: OIA_requests (WHAIKAHA)
Ministry for Disabled People

IN-CONFIDENCE

Hi Simon

In relation to Minister -- this is going to be difficult, without a timeframe. Are you able to provide a timeframe please? (For example 2023-2024)

Did you want to change Part 1 of your request to:

all advice TO the Minister by the Ministry of Disabled People - Whaikaha -- in relation to the Accessibility for New Zealanders Bill

Many thanks

Ngâ mihi,
Margee Do (she/her)
Senior Advisor, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People
E:
http://www.whaikaha.govt.nz/

Me he aka râtâ ka tipu tahi, ka puâwai tahi kia tû kaha i ngâ hihi ô
Tamanuiterâ.
Like the râtâ vines growing together and flourishing to stand strong in the
warmth of the sun.

show quoted sections

Link to this

From: Simon Zhao

Dear OIA_requests (WHAIKAHA),

Before establishing a timeframe criteria it would be useful to know how many documents would be captured.

To further narrow down our request, please only consider advice related to having an “overarching legislation – a separate regulatory regime that would have the direct ability to establish secondary legislation for codes, standards, and rules for all sectors as they relate to accessibility. This is a common approach in Canadian jurisdictions and is the preferred option of the Access Alliance.”

Yours sincerely,

Simon Zhao

Link to this

From: OIA_requests (WHAIKAHA)
Ministry for Disabled People

IN-CONFIDENCE

Kia Ora

We are unable to scope this as all the advice is related to overarching legislation.

The extra bit of info your provided, also makes it harder for us to scope it, as we will need to check everything if it fits that category. Does this make sense.

Are you happy to limit this to advice to Ministers Simmonds and Upston?

Ngā mihi,
Margee Do (she/her)
Senior Advisor, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People
E: [email address]
http://www.whaikaha.govt.nz/

Me he aka rātā ka tipu tahi, ka puāwai tahi kia tū kaha i ngā hihi ō
Tamanuiterā.
Like the rātā vines growing together and flourishing to stand strong in the
warmth of the sun.

show quoted sections

Link to this

From: Simon Zhao

Dear OIA_requests (WHAIKAHA),

In respect of "We are unable to scope this as all the advice is related to overarching legislation.". I am not sure if you understood what "overarching legislation" means when you suggest that all advice is related to overarching legislation. Overarching legislation was option 4 under "Regulatory Impact Statement: Accelerating Accessibility" and not the recommended option. An "enabling legislative framework" was option 3 under the regulatory statement and the recommended option. It would be very surprising if all advice was specifically related to option 4. Please review your clarification request.

In respect of "The extra bit of info your provided, also makes it harder for us to scope it, as we will need to check everything if it fits that category. Does this make sense.". No, it does not make sense. Please attempt using the following keyword combinations in your document management system and let us know the number of results before we can properly scope our request:

(a) "Accessibility for New Zealanders" AND "overarching legislation"; and

(b) "Accessibility for New Zealanders" AND "regulatory".

In respect of "Are you happy to limit this to advice to Ministers Simmonds and Upston?" No, because the House read the Accessibility for New Zealanders Bill for the first time in August 2022. At the time, Hon Poto Williams was the Minister for Disability Issues and she would have been advised on the relevant information we are seeking.

Lastly, I remind you of your obligation to scope the OIA request properly. Please read the Ombudsman's guidance "Substantial collation or research - A guide to section 18(f) of the OIA and section 17(f) of the LGOIMA". In particular:

"Agencies may:

· interrogate email and document management systems using appropriate search terms to estimate the total number of potentially relevant documents;

· consult key staff to identify relevant physical files, and estimate the number of files and pages at issue;

· ask those staff about the extent and location of any other relevant information; and

· carry out a sample exercise in order to be able to generate a reasonable estimate of the amount of work involved.

Proper scoping of a request sets the agency up to have a constructive dialogue with the requester about the difficulty involved in meeting the request as currently framed, and whether there are other ways of managing that (see Consulting the requester). It also ensures that an agency is prepared in the event that an Ombudsman’s investigation of its decision making in relation to the request is required. It is good practice to make a clear record of any scoping exercises, and the consideration given to options for managing the request, such as charging, extending and consulting the requester."

I don't believe you performed any of those steps yesterday to properly scope our request. All you have tried is to narrow it down.

Please remember, that you are in a position to make a difference for all New Zealanders here.

Yours sincerely,

Simon Zhao

Link to this

From: OIA_requests (WHAIKAHA)
Ministry for Disabled People

IN-CONFIDENCE

Kia ora

I refer to your Official Information Act 1982 (OIA) request, reference OIA3133.

We have transferred your request to the Ministry of Social Development. This is because some information to which your request relates is not held by us but is believed to be more closely connected with the functions of MSD.

In these circumstances, we are required by section 14 of the OIA to transfer your request. Please note the Ministry of Disabled People - Whaikaha will still respond to your request with the information we hold.

You will hear further from MSD concerning your request in due course.

Ngâ mihi,
Margee Do (she/her)
Senior Advisor, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People
E: [email address]
http://www.whaikaha.govt.nz/

Me he aka râtâ ka tipu tahi, ka puâwai tahi kia tû kaha i ngâ hihi ô
Tamanuiterâ.
Like the râtâ vines growing together and flourishing to stand strong in the
warmth of the sun.

show quoted sections

Link to this

From: OIA_Requests (MSD)

Tēnā koe Simon Zhao and Margaret Stefanitsis,

 

Thank you for your request regarding all advice received and provided by
the Minister relating to the Accessibility for New Zealanders Bill
transferred from Whaikaha | Ministry for Disabled Peoples on 13 August
2024, under the Official Information Act 1982. Your request has been
forwarded to the appropriate officials at National Office to respond. You
may expect a decision regarding your request to be sent to you as soon as
possible.

 

The information you have requested may contain the names and contact
details of our staff. Please let us know by 20 August 2024 whether you
require these names and contact details. We will need to consult our staff
before deciding whether we can release this information, and this will
take a bit more time. If we do not hear from you, we will assume that you
do not require staff names and contact details.

 

Ngā manaakitanga,

 

Official Information Team   |  Ministerial and Executive Services

Ministry of Social Development | Te Manatū Whakahiato Ora

 

Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whānau

 

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 Social Development accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.

Link to this

From: Simon Zhao

Dear OIA_Requests (MSD),

Thanks very much for the update. We do not require the names and contact details.

Yours sincerely,

Simon Zhao and Margaret Stefanitsis

Link to this

From: OIA_requests (WHAIKAHA)
Ministry for Disabled People

IN-CONFIDENCE

Kia Ora Simon

I refer to your Official Information Act 1982 (OIA) request below.

The OIA requires that we advise you of our decision on your request no later than 20 working days after the day we received your request. Unfortunately, it will not be possible to meet that time limit and we are therefore writing to notify you of an extension of the time to make our decision, to 17 September 2024.

This extension is necessary because your request requires consultations that are necessary to make a decision on your request that a proper response cannot reasonably be made within the original time limit.

Please know that we will endeavour to get this information to you as soon as we can.

You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at http://www.ombudsman.parliament.nz/ or freephone 0800 802 602.

Ngâ mihi,
Margee Do (she/her)
Senior Advisor, Ministerial and Executive Services
Whaikaha | Ministry of Disabled People
http://www.whaikaha.govt.nz/

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From: OIA_Requests (MSD)

Kia ora

 

I am writing to you regarding your request for information below. This
letter is to advise you that the Ministry has received your request,
however requires more time to respond to this request. In accordance with
section 15(1) and 15A of the Official Information Act, the Ministry’s
decision will be with you no later than 3 October 2024.

 

The reason for the extension is that consultations necessary to make a
decision on the request are such that a proper response to the request
cannot reasonably be made within the original time limit.

 

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or 0800 802 602.

 

If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact [2][email address]

 

I will respond to you sooner if I am able to.

 

Ngâ mihi,

 

Will

Official and Parliamentary Information Team | Ministerial and Executive
Services

Ministry of Social Development

 

Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whânau

 

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 Social Development accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.

References

Visible links
1. http://www.ombudsman.parliament.nz/
2. mailto:[email address]

Link to this

From: OIA_requests (WHAIKAHA)
Ministry for Disabled People


Attachment OIA 3133 Zhao.pdf
428K Download View as HTML

Attachment Zhao Binder2 Redacted.pdf
3.0M Download View as HTML


IN-CONFIDENCE

Kia Ora Simon

Please find attached response to your information request

Many thanks
Margee

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From: OIA_Requests (MSD)


Attachment 8.REP 23 2 082 Accessibility for New Zealanders Bill Update redacted copy.pdf
2.9M Download View as HTML

Attachment 6.REP 20 2 080 Paper Four Accelerating Accessibility Institutional Arrangements redacted copy.pdf
4.4M Download View as HTML

Attachment 7.REP232082 Accelerating Accessibility Legislative approach to developing new enforceable accessibility standards redacted copy.pdf
750K Download View as HTML

Attachment 1.REP1871087 International approaches to accessibility legislation redacted copy.pdf
793K Download View as HTML

Attachment 2.CAB 18 MIN 0591 SWC Report back on Accessibility redacted copy.pdf
2.1M Download View as HTML

Attachment 3.REP 20 2 141 Paper One Accelerating accessibility redacted copy.pdf
6.9M Download View as HTML

Attachment 4.REP 20 2 053 Paper Two Accelerating accessibility problem objectives and system framework redacted copy.pdf
6.0M Download View as HTML

Attachment 5.REP 20 2 079 Paper three Accelerating Accessibility Domains and Standards redacted copy.pdf
4.4M Download View as HTML

Attachment OIA Response ZHAO.pdf
155K Download View as HTML


Tçnâ koe Simon Zhao

 

Please find attached the Ministry’s response to your Official Information
Act request.

 

Nâ mâtou noa, nâ

 

Will

Official Information Team   |  Ministerial and Executive Services

Ministry of Social Development

 

Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whânau

 

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 Social Development accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.

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