[IN-CONFIDENCE - RELEASE EXTERNAL]
27/01/2026
Lewis T
[FYI request #33176 email]
Tēnā koe Lewis
OIA: GEMS-46219 – Reasons for withholding school level attendance data.
Thank you for your emails of 8 December 2025 to the Ministry of Education (the Ministry)
requesting the following information:
the latest, final version of the document/communication showing: releasing this information
would cause schools to not share other, voluntary information
I require the specific legal reasoning used in your oia reponse here:
https://fyi.org.nz/request/33175-every-day-matters-reports-refusal#incoming-135918
to continue to refuse the every day matters reports.
I require:
The legal reasoning point by point used to deny my updated oia request and used still
refuse to release the information.
If the legal reasoning is not different then provide the reasons for why they are not different
as the second response to the second refusal is much more legally anchored.
Additionally I require the decision-making document/final draft/latest/final version. That was
used for the public interest test.
so I would require: the full document with the public interest test the for refusal specifically
as it relates to my request. This should outline exactly how the ministry calcualtes keeping
the data secret outweights the public interest.
Your request has been considered under the Official Information Act 1982 (the Act).
Your previous request was refused under section 18(a) of the Act, since, by virtue of
section 9(2)(ba)(ii) of the Act, there is good reason for withholding the information to protect
information which is subject to an obligation of confidence, where the making available of the
information would be likely otherwise to damage the public interest. This decision was based on an
Wellington National Office, 1 The Terrace, Levels 5 to 14, Wellington 6011
PO Box 1666, Wellington 6140, DX SR51201 Phone: +64 4 463 8000
[IN-CONFIDENCE - RELEASE EXTERNAL]
[IN-CONFIDENCE - RELEASE EXTERNAL]
established approach in relation to school-level attendance data requests, so minimal information
was produced for the purposes of responding to your request.
Four documents have been identified in scope of your request, which I am providing to you as
Appendix A, as outlined in the below
Appendix A Document Table along with my decision on
release. The reasoning relied on is outlined in the
Briefing Note: Attendance: Responding to
requests for school level data [Reference: METIS 1333197], which I am providing to you as
Document 4.
Some information has been withheld under the following sections of the Act:
- 9(2)(a), to protect the privacy of natural persons
- 9(2)(h), 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 that the public interest considerations favouring the release
of this information are sufficient to outweigh the need to withhold it at this time.
Please note, we may publish this response on our website after five working days. Your name and
contact details will be removed.
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
Maria Kirkland
Senior Policy Manager - Governance, Legislation and Accountability
Te Pou Kaupapahere | Policy
OIA: GEMS-46219
[IN-CONFIDENCE - RELEASE EXTERNAL]
[IN-CONFIDENCE - RELEASE EXTERNAL]
Appendix A Document Table
#
Date
Title
Decision on release
1
27 November 2025
RE: For your review -:
Released in part. Information
Attendance level data OIA
has been withheld under
section 9(2)(a) of the Act.
2
27 November 2025
GEMS-45898 Response
Released in full.
3
21-27 November
Notes from Ministry workflow
Released in full.
2025
tool, Jira Service Management
4
15 August 2024
Briefing Note: Attendance:
Released in part. Information
Responding to requests for
has been withheld under
school level data
sections 9(2)(a) and 9(2)(h) of
the Act.
OIA: GEMS-46219
[IN-CONFIDENCE - RELEASE EXTERNAL]
