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[UNCLASSIFIED]

Kia ora Lewis,

Thank you for your email.

The Ministry intends to continue withholding the information requested under section 9(2)(ba)(ii) of the Official Information Act 1982 (the Act).

The Ministry will consider your request as follows under the Act:

the latest, final version of the document/communication showing: releasing this information would cause schools to not share other, voluntary information

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 27 January 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.

The Ministry may publicly release on our website the response to your request five days after you have received it. Any personal information will be removed.

In the interim, if you have any questions about your request, please email [email address].

Nāku noa, nā,
Official and Parliamentary Information | Ministry of Education | LJ
education.govt.nz

He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai ōna huanga
We shape an education system that delivers equitable and excellent outcomes

-----Original Message-----
From: Lewis T <[FYI request #33175 email]>
Sent: Monday, 8 December 2025 3:30 pm
To: Enquiries National <[email address]>
Subject: Official Information request - Every day matters reports refusal.

[You don't often get email from [FYI request #33175 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

Dear Ministry of Education,

I am writing regarding your decision of 27 November 2025 to refuse my request for school-level attendance data (Ref: GEMS-45898).
I respectfully submit that the legal grounds cited for this refusal—section 18(a) by virtue of section 9(2)(ba)(ii)—are inapplicable in this context due to the statutory framework governing the collection of this data.

Your refusal states: "Schools provide attendance data to the Ministry on the basis that it is not released publicly... [to] ensure the continued supply of similar information."
This relies on the premise that the supply of attendance data is a voluntary arrangement dependent on trust. A review of the relevant legislation indicates this is not the case. The supply is a mandatory statutory obligation.

1. Statutory Compulsion Negates the "Prejudice to Supply" Argument The Ministry cannot argue that releasing information will prejudice its future supply when the supplier is legally compelled to provide it.
Regulation 7 of the Education (School Attendance) Regulations 2024 places a specific, mandatory duty on principals:
7 Duty to provide attendance records to Secretary The principal of a State school must ensure that the attendance record is provided to the Secretary—
(a) at the end of each school day...
Additionally, Section 619 of the Education and Training Act 2020 grants the Secretary broad powers to require information:
(1) The Secretary may... require... (a) the board of a State school... to provide information...
(3) The individual or body must provide the information in writing by the date specified in the notice.
Because the school boards are compelled by statute to provide this data, they have no legal discretion to withhold it, regardless of their views on its subsequent release.

The Ombudsman’s Guide to Section 9(2)(ba) (Page 12) clarifies this distinction:
"Where there is a statutory requirement for the information to be supplied, or an ability to obtain that information under statutory compulsion, this may be less likely to prejudice future supply."

2. Application of Section 9(2)(ba) to Public Entities State schools are Crown entities. There is generally no valid expectation of confidentiality regarding the performance metrics of a public institution fulfilling a statutory function. The data in question measures the school's performance of its duty under Section 36 of the Act (to ensure students attend), which is a matter of public accountability.
Conclusion
Given that the "supply" of this information is guaranteed by the Education and Training Act 2020 and the School Attendance Regulations 2024, the argument that release would damage that supply is legally unsustainable.

To the extent that the Ministry relies on the argument that releasing mandatory data would damage the supply of other (voluntary) information, I submit the following:
The Nexus is Weak: There is no logical reason why compliance with a statutory duty (attendance reporting) should be conflated with voluntary cooperation on other matters. Schools are professional public entities. It is not reasonable to assume they will engage in a "retaliatory strike" against the Ministry's other data collections simply because the Ministry complied with the OIA regarding statutory data. The Ombudsman typically requires evidence of a "real and substantial risk" of this prejudice, not just a speculative fear of bad will.

The Public Interest in Accountability is Paramount: Even if there is a risk of some friction in the relationship, the public interest in the accountability of state schools regarding their core statutory duty (attendance) outweighs the Ministry's preference for a frictionless administrative relationship. The public's right to know if a school is failing its students is greater than the Ministry's desire to keep schools happy.

If this request is refused I require the latest,final version of the document/communication showing: releasing this information would cause schools to not share other, voluntary information.

I invite you to review the decision in light of these statutory obligations. I look forward to receiving the requested data or a revised response.

Yours faithfully,

Lewis T

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DISCLAIMER:
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 Education accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

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