17/03/2025
Dave Lane
[FYI request #29607 email]
Tēnā koe Dave
OIA: 1341675 - 'Big Tech' select agreements for NZ Schools
Thank you for your email of 18 December 2024 to the Ministry of Education (the Ministry)
requesting information relating to 'Big Tech' select agreements for New Zealand schools. Due to
the length of your request, this is set out below as
Annex A.
Your request has been considered under the Official Information Act 1982 (the Act).
As outlined in our response to your previous request (OIA 1316436), as schools are independent
entities governed by school boards, decisions about software products used at schools, and the
provision of software licences to students, are made by the school, not the Ministry. Schools are
free to decide on the technology platforms they deploy within their schools for their students.
Schools were already using Microsoft and Google software before the Ministry commenced any
procurement. Centralised funding has resulted in reduced costs to schools and additional value, by
providing licences at a significant discount due to the volume purchased. The result is a
significantly cheaper product, reducing the cost to parents and schools, as well as a lower Crown
cost, resulting in savings for the Ministry to reprioritise elsewhere. Schools still have the option to
purchase licences for Google and Microsoft products (not covered by the Ministry agreement) or
any other ‘EdTech’ provider without engaging with the Ministry.
In response to
part one of your request, the Ministry did not go to market for the contract renewal,
as both agreements were a renewal of licences the Ministry already held. The Ministry also did not
go to market for the licence distributor, as Synnex is the Google Partner in New Zealand and
Cyclone is the Ministry Licensing Service Provider. As such, I am refusing this part of your request
under section 18(e) of the Act, as the information requested does not exist.
However, you can find the most recent contract renewals for Microsoft and Google in a response to
a previous request for official information that has been published on the Ministry’s website:
•
https://web-assets.education.govt.nz/s3fs-public/2025-
02/1340261%20Response.pdf?VersionId=eTQt3YQ7WfADi_U5A8NXpVDetoBQI7OI
•
https://web-assets.education.govt.nz/s3fs-public/2025-
02/1340261%20Appendix%20A.pdf?VersionId=cxbo8UrWU5W_w3ZIC_aPlocqzrzL2zh3
8 Gilmer Terrace, Levels Ground floor, 1, 2, and 6-14, Wellington
PO Box 1666, Wellington 6140 Phone: +64 4 463 8000
As noted in our letter of 7 February 2025, renewal of the contract followed the same process
outlined in our response to OIA 1316436. However, more specific information is provided for each
part below.
In response to
part two of your request, the Secretary for Education was responsible for signing
off both contract renewals.
In response to
part three of your request, the Ministry business unit Te Pou Hanganga, Matihiko |
Infrastructure and Digital was responsible for negotiating the contracts of Google and Microsoft.
I am refusing
part four of your request under section 18(e) of the Act, as the information requested
does not exist.
I am also refusing
part five of your request under section 18(e) of the Act, as above, as it was not
a requirement for minutes to be taken for meetings with Google and Microsoft, so no minutes exist.
As this was a renewal of the licences for use of Google and Microsoft products, there was no
requirement to consider alternative products or consult with external experts due to the established
use across the school network, including the existing functionality with Google and Microsoft
devices. As such, I am also refusing
parts six, eight and nine of your request under section 18(e)
of the Act, as above. As noted above, technology and software is adopted/deployed by each
school, where each entity individually considers how best to support both teachers and learners
within their environment.
In response to
part seven of your request, please find details about meetings held with each
supplier as follows:
•
Google: the Ministry met with Google for fortnightly meetings between November 2023 and
March 2024, weekly meetings from April 2024 to July 2024, and on a needs basis (typically
fortnightly) from July 2024 to present. The main purpose of these meetings was for the
Ministry to receive regular updates regarding Google services and products, outline any
identified operational issues, share anonymised data and statistics that were legally allowed
to be provided by Google, and discuss the renewal of Google licences.
•
Microsoft: the Ministry met with Microsoft for weekly meetings (and as required) from
November 2023 to July 2024, and the Ministry continues to meet with Microsoft on a needs
basis. Weekly meetings from August to November 2024 were for the Ministry and Microsoft
to discuss pricing and modelling for the renewal due in December 2024. Discussions
continued from December 2024 to present to understand the renewal process, licence
deployment and status.
In response to
part ten of your request, school boards are able to review the technology used in
their school. The Ministry provides advice to schools regarding the use of digital technologies and
best practice for managing software and devices in schools and kura. The guidance supports
schools managing the safe and responsible use of digital technology for learning, providing
principals and teachers with the information to act confidently and in the best interests of students
regarding digital technology. This advice can be found at the link below:
https://www.education.govt.nz/education-professionals/schools-year-0-13/digital-technology/
safe-and-responsible-use-digital-technology-schools-guide.
OIA: 1341675
Please note the Ministry is currently engaging with Netsafe to update this guidance; we anticipate
that an updated version will be available on the Ministry’s website by June 2025.
As information pertaining to Google and Microsoft terms of use are available on the respective
providers’ website, I am refusing this aspect of
part ten of your request under section 18(d) of the
Act, as the information is publicly available at the following links:
• Google Workspace for Education Terms of Service
https://workspace.google.com/terms/education_terms/
•
Google Workspace for Education Privacy Notice
https://workspace.google.com/intl/en/terms/education_privacy/
•
Microsoft Services Agreement
https://www.microsoft.com/en-nz/servicesagreement#page-
top
• Microsoft Privacy Statement
https://www.microsoft.com/en-gb/privacy/privacystatement
Regarding reviews covering the legal liabilities (e.g. legal opinions), as the Ministry has continually
renewed the contracts with Google and Microsoft, there has been no requirement to conduct a
legal review in regard to the most recent contract renewal. Procurement for Microsoft occurred in
2002, and it would have been a requirement at that time to undertake a legal review during the
procurement process. However, the Ministry has been unable to locate any record of this review.
As a result, I am refusing this aspect of
part ten of your request under section 18(e) of the Act, as
the information requested does not exist or, despite reasonable efforts to locate it, cannot be
found.
Prior to the Microsoft agreement renewal 2019-2021, the Ministry received a legal review of the
agreement renewal from Hicksons Lawyers dated 25 June 2018. I can advise that Hicksons
Lawyers held the view that the agreement was ready for signing by the Ministry, but I am
withholding specific information surrounding the legal review under section 9(2)(h) of the Act, to
maintain legal professional privilege.
In relation to Google, on 9 October 2018, the Ministry engaged with Hicksons Lawyers regarding a
legal review of the contract. Hickson Lawyers held the view that the agreement was ready for
signing by the Ministry. Specific information surrounding the legal review is also withheld under
section 9(2)(h) of the Act, to maintain legal professional privilege.
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.
In response to
part eleven of your request, as outlined above, the Ministry provides advice to
schools regarding the use of digital technologies and best practice for managing software and
devices in schools and kura. I am refusing this part of your request under section 18(d) of the Act,
as the information is publicly
available at: https://www.education.govt.nz/education-professionals/
schools-year-0-13/digital-technology/safe-and-responsible-use-digital-technology-schools-guide
Please note that the Ministry is currently engaging with Netsafe to update this guidance. We
anticipate that an updated version will be available on the Ministry’s website by June 2025.
OIA: 1341675
I am refusing
part twelve of your request under section 18(e) of the Act, as above, as no
documents or communications discussing the balance of responsibility/liability between the
Ministry and school trustees have been identified. However, each school signs up to the Terms &
Conditions (T&Cs) when they accept the new licensing allocations. The Ministry has undertaken to
make payments for allocated licences on a scheduled basis, and to ensure that the overall
allocations are not exceeded. For products not covered by the Ministry, schools that licence these
would be responsible.
The Ministry’s role in the transaction is enabling schools to purchase licences at a discounted rate
thanks to the Ministry’s purchasing power. Once schools purchase these licenses, it is for them to
manage the interaction with Google or Microsoft and agree to any T&Cs in the use of the product.
I
am refusing
part thirteen of your request under section 18(e) of the Act, as above, as no
documents discussing legal liabilities related to procurement of these digital technologies in
relation to NZ's obligations under the CPTPP agreement and its Investor State Dispute Settlement
provisions have been identified.
I
am refusing
part fourteen of your request under section 18(e) of the Act, as above, as no
documents discussing how the Ministry would respond to refusal to accept terms of use have been
identified. The Ministry's role for these contracts is to aggregate demand and negotiate which
products are available to schools and at what price, to pay the subscription, and monitor that usage
numbers are within the terms of the agreement. It is each school's responsibility to consider the
T&Cs for such licence usage by their staff and students. If a school does not accept the T&Cs, they
do not receive access to use the licensed products/services, and would need to look for another
product/service to replace it. No matter who accepts the T&Cs on behalf of the school, the
assumption is that they are authorised to do so and that the 'school' has accepted the T&Cs
regarding use.
I am refusing
part fifteen of your request under section 18(e) of the Act, as above, as the Minstry’s
guidelines are around areas such as privacy and security that schools should consider when using
such services. It is each school’s responsibility to determine how they manage any associated risk.
In response to
part sixteen of the request, the Ministry has not produced any documents
discussing concerns about Microsoft or Google use of data or metadata. I am therefore refusing
this part of your request under section 18(e) of the Act, as above. Please see Google’s and
Microsoft’s privacy statements below, which outline the type of information each provider may
collect and how they will use this information.
• https://workspace.google.com/intl/en/terms/
education_privacy/
•
https://www.microsoft.com/en-gb/privacy/privacystatement
I am refusing
part seventeen of the request under section 18(e) of the Act, as above, as no
documents relating to the adoption of Google and Microsoft digital tools that mention the term
‘colonisation’ have been identified.
Please note, we may publish this response on our website after five working days. Your name and
contact details will be removed.
OIA: 1341675
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
Stuart Wakefield
Chief Digital Officer
Te Pou Rangatōpū | Corporate
OIA: 1341675
Annex A:
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.
OIA: 1341675
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.
OIA: 1341675
