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Kia ora Dave
 
Thank you for the information request 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 7 February 2025.  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.
 
In the interim, if you have any questions about your request, please email
[1][email address].
 
 
Ngā mihi
 
Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of
Education | PN 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
 
 
-----Original Message-----
From: Dave Lane <[2][FOI #29607 email]>
Sent: Wednesday, December 18, 2024 5:38 PM
To: Enquiries National <[3][email address]>
Subject: Official Information request - 'Big Tech' select agreements for
NZ Schools
 
[You don't often get email from
[4][FOI #29607 email]. Learn why this is
important at [5]https://aka.ms/LearnAboutSenderIdentific... ]
 
Dear Ministry of Education,
 
In the light of the recently re-signed agreements with Microsoft and
Google, I'd like to revisit my previous request for information about the
rationale behind purchasing Microsoft and Google products for all NZ
schools at a national level. Previously, a similar query resulted in a
response admitting that the Min of Ed had *lost* the agreements you had a
signed with both Microsoft and Google. Similarly, it became apparent that
your weekly meetings with both foreign multinationals are not minuted.
Great access for them, no accountability for all of us in NZ. I'm hoping
that this time around such poor process won't be repeated.
 
I am keen to understand the decision making process and other
considerations surrounding the profound decision by the Ministry of
Education to supply, based on national-level agreements, Microsoft and
Google digital services to (nearly) all primary, secondary, and tertiary
educational institutions in Aotearoa NZ.
 
These services are now deeply woven into the fabric of almost all of our
schools, and have become crucial dependencies across the curriculum and
communications between students, schools, and the community. They frame
and mediate almost every digital activity taking place in almost all our
educational contexts. This has profoundly influenced (and limited) the now
pervasive incorporation of digital technologies through our entire
education system.
 
I request the following information from the Ministry:
1. the tender documents that resulted in Microsoft and Google becoming
primary suppliers of technologies for schools throughout New Zealand 2.
the role(s) within the Ministry responsible for signing-off the decision
to *renew* the procurement of Microsoft and Google technologies for
schools.
3. the name(s) of the Ministry department(s) (and in which Ministry) which
negotiated the contracts with Microsoft and Google.
4. any documents by external (to the MoE) experts, identifying and
comparing digital technology options with relevance to this decision.
5. dated minutes (including list of attendees) of meetings in which the
renewal Microsoft and/or Google technology agreements were discussed.
6. any documents identifying alternatives to Microsoft and Google
technologies, that were considered but dismissed, and any documents
explaining reasons why.
7. a timeline of meetings between the Ministry staff and Microsoft and
Google employees (or their commercial partners) including minutes and
attendance.
8. a list of any external experts consulted in the course of this process,
including any declarations of pecuniary interests (or noting that those
were never requested).
9. any advice from external experts regarding the pedagogic or cultural
suitability of Microsoft or Google technologies as the dominant
technologies in NZ schools.
10. any documents pertaining to the 'terms of use' or 'terms of service'
of the Microsoft and Google services adopted (e.g. MS Office 365 and
Google Classroom/Hapara), including any reviews covering the legal
liabilities, e.g. legal opinions.
11. any documents/communications offering information/guidance to school
boards adopting these technologies or raising concerns.
12. any documents/communications (internal or otherwise) discussing the
balance of responsibility/liability between the Ministry of Education and
school trustees, especially regarding the relationship between Microsoft &
Google and school students and/or their parents/guardians. This should
include an discussion of informed consent or compliance or related
concerns.
13. any documents/communications discussing legal liabilities related to
procurement of these digital technologies (or competing technologies,
subsequently not selected) in relation to NZ's obligations under the CPTPP
agreement and its Investor State Dispute Settlement provisions.
14. any documents/communications discussing how the Ministry would respond
to either small or large scale refusal (by school boards or
parents/guardians) to accept the terms of use of either the Microsoft or
Google digital services, and any advice the have had, either legal or from
adjacent organisations like the NZSTA.
15. any documents/communications discussing the Ministry's role in
informing and advising school trustees on the terms of use of Microsoft
and Google digital technologies and managing liabilities like breaches or
responding to changes to those terms which the vendors claim the right to
make at their whim.
16. any documents/communications discussing concerns about ways in which
Microsoft or Google might use (for profit or otherwise) the data or
metadata generated by members of the education community, e.g. students,
educators, staff, and parents/guardians, on whom the use of these
technologies was imposed.
17. any documents/communications mentioning the term 'colonisation' in
relation the adoption of Microsoft and Google digital tools.
 
Many thanks for your assistance in this matter.
 
Nāku noa, nā,
 
Dave Lane
 
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This is an Official Information request made via the FYI website.
 
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