7 August 2025
Tēnā koe Peter Ituma
Official Information Act request
Thank you for your email of 28 May 2025, requesting information about algorithmic
tools and automated decision-making.
I have considered your request under the Official Information Act 1982 (the Act).
Please find my decision on each part of your request set out below.
Do you use algorithmic tools or automated decision-making in benefit processing,
fraud detection, or case prioritisation, if so, to what extent?
Algorithmic tools
Algorithmic tools are used in many business processes across the Ministry.
When we received your request, we contacted you to ask about what type of tool
you were asking about. We advised that your request was very broad and would
likely result in a refusal under section 18(f) of the Act, as it would require
substantial manual collation to provide you with details of all algorithmic tools.
As we did not receive a response from you, I am refusing this part of your request
under section 18(f) of the Act. The greater public interest is in the effective and
efficient administration of the public service.
I have considered whether the Ministry would be able to respond to your request
given extra time, or the ability to charge for the information requested. I have
concluded that, in either case, the Ministry’s ability to undertake its work would
still be prejudiced.
Automated decision-making
The Ministry does not use automated decision-making (ADM) for fraud detection.
The Ministry does use ADM to deliver a range of services and support in the welfare
system. ADM can help us deliver efficient and modern services more quickly to our
clients.
For example, a process that uses ADM is the granting of the Winter Energy
Payment, which helps people with their household heating costs over the winter
period.
Our most recently introduced use of ADM is to automatically regrant benefits in
some situations as part of the 26-week reapplication process. This will happen
The Aurora Centre, 56 The Terrace, PO Box 1556, Wellington
– Telephone 04-916 3300 – Facsimile 04-918 0099
when the system can confirm that the client has met all requirements of the
reapplication process.
MSD does not use ADM to make decisions about obligation failures or to
administer sanctions. Our obligations failure and sanctions process must always
be managed by a staff member.
Has the Ministry undertaken a privacy impact assessment or fairness audit of
these systems?
Our ADM standard, introduced in early 2022, requires that any ADM process
undergoes a Security, Privacy, Human Rights and Ethics assessment prior to
implementation, in addition to other requirements.
For ADM processes that were implemented prior to 2022, privacy impact
assessments have also been completed where possible.
What rights do clients have to be informed of, or to challenge, decisions made
(wholly or partly) by algorithm?
The ADM standard requires that all ADM processes have a channel for
challenging or appealing decisions, and that we communicate this to affected
clients. This is the same right of review that clients have for decisions we make
without using ADM.
You can read more her
e: www.workandincome.govt.nz/about-work-and-
income/feedback-and-complaints/review-of-decisions.html More information about the Ministry’s use of ADM is available on our website,
here:
www.workandincome.govt.nz/about-work-and-income/automated-
decision-making/index.html Our ADM standard is also available online. We are reviewing the Standard this
year, in consultation with New Zealand’s Privacy Commissioner, to ensure it
remains current and effective.
www.msd.govt.nz/about-msd-and-our-work/work-
programmes/initiatives/phrae/adm-standard.html I will be publishing this decision letter, with your personal details deleted, on the
Ministry’s website in due course.
If you wish to discuss this response with us, please feel free to contact
[MSD request email]. If you are not satisfied with my decision on your request, you have the right to
seek an investigation and review by the Ombudsman. Information about how to
make a complaint is available a
t www.ombudsman.parliament.nz or 0800 802 602.
Ngā mihi nui
pp.
Anna Graham
General Manager
Ministerial and Executive Services
